Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1862-01-27

y u VI
QUESTION ARISING UNDER THE CONVERSATION
| ACT.
CONFEDERATE STATES, SUMO BIT T. ] MIcHIE, ESQ Rs.
cKrvER. vs. BESJLxm F. PoISrs, AsrsT OF l.. X
BLAKE, AN ALtKs ESExY.
| The petition chmges that the defendant Poats, a.
agent for L. r. Bake an alien enemy has 10 his hand,
az 900 or more for which be accountable to the G. g.
The same being due by the defendant citizen Of s,san
ton to Blake, an alien enemy domced in Massachusetts,
An account Of said deb. Is prayed, and that whatever
sum is due to the said alien enemy be declared ssquss
cred and paid over To the R,o,iVer, to be by him dis
posed Of as provided for in the Sequssra,ion &C..
The defendant answers that the said Blake. be-
leyed TO be . resident Of Massachusetts, the
of small ,oi and Shoe in st.nuon for sevsrsl
months prior to APRIL 1861 Tha, early in April, Blake
informed defendant that ia consequences OF the coDdon
Of political ah,irs he had determined to return with hs
family to Massachusetts, aud would pu. bis stock Of boots
and shoe. into the d.fnd .uts possession with the
dssanding that If by any act of war, then declr.
sd or Law Of Congress, hsn no. enscted the proper
ty, If his, should be in danger ot'or subject TO- loss
confscaton-or If not so subject, and he sboul
cal. upon the defendant 10 accountable title the pro-
perty should be absolutely vested in the defsndan
/
IL eald property, II his, should thereafter, by The
causes aforesaid become liable to loss confscation,
aud be- Blake should Afterwards TO aunton the
defendant might account with Blake, II demanded, the
defendant reserviDg proper and liberal compensation
for his service. And farther that from the time Of the
delivery Of the Key 10 the defendant, be should regard
himself as the absolute owner Of the property with pow
er to SELL dispose Of it. at his discretion" The de-
fendaut says tina. this proposition was made he believes.
in entire good faith by Blake and acceded to in like
manner by him. On the l6.h day Of APRIL 1861, Blake
delivered the Key the defendant lei Saunon for the
North with his family aud has no! since been beard from
On the l5h day OF June, 1861 tho defendant sold the
eatire stock Of goods to Gabriel HrJh Of Saunton at
the price of O0O oneha In cash, aud the balance to
be paid in six months, which was secured by note
dorsed by T. B. Noon, which not paid at maturity,
, and has been duly protested.
The defendant adds, argumeutavey, tina, the eontin
g,ncy havise arisen which WAS provided for, he has
garded and treated the said property and ia proceeds
absolutely aud Internationally vested In him. without any
right directly indirectly, in Law in morals, 10 the
said Blake, any party claiming by, through, uuder
him. have demand any part OF ii, but tia: appre-
hending that question mi GIT arise to the propety
of his claim to the absolute ownership Of the property
he had voluntarily reported the facts to the Receiver,
that he might the validity of his title BY adciA
! investigation and decision.
The truth Of the various allegations of the il
not controverted and the case Is submitted to my de.
cson upon the petition aud answer alone. Waving the
question whether the Is strictly responsive to the
petition my opinion Is asked, whether the arrangement
or contract in the Invested the title Of
Blake and veed in the defendant Points, ii the double
contingency which has sine, occurred OF declaration
of war between the Unitsd States and the Confederate
States and the enactment by the latter Of the Act Of
Seques.ration OF alien enemies estates. consider
the case therefore, If formal demurrer we're ten.
dered by the plaintiff and the formal 9nder therein by
the defendant, If the facts found by special
verdict Is the case stated sufficient 10 Law to support
the claim OF the DEFENDANT
The contract between the defendant and Bake was
entered into in April 1861, while impending bu:
no. yet declared /. entered into svowedly on tho
part of Blake, in anticipation Of that event. Regarding
var between the North and South inevitable be de-
temned to abandon bis domcis in Virginia and resume
his former domce In Massachusetts, where Il APPEAR
he has resided since April last. H. left Virginia without
the intent TO return till the ended. He
domiciled 10 Massachusetts, when declared and
( IL, therefore, an alien enemy.
The contract entered into between the parties under
these circumstances is very curious Il
tract of bament to be converted into a gift upon fu.
ture contingencies. Those contingencies decls
ration state OF war; &C! Of Congress- subj citing
the property, il continued The property of Blake to
danger Of loss confscaton II either both events
should occur then Points be treated absolute
Of the goods not from the time OF the happening
Of either contingency, but a! and from the date of The
dipy of posssssion. Ia other words, the original
tract of baiImsnt was not merely terminate when
either event occurred aud be turHed into absolute
gift it was be absolutely sztingHishsi ab ino and
the transfer to operate by curious application Of
the doctrine Of relation gif. commencing with th1
delivery Of possession IL Is not to be questioned that
il competent for Blake, when this transaction
Cured have made absolute gift of these goois TO
the defendant operating in PRESENT. and that perfect
title to them would have passed. 6sigssn the parties
BY mere tradition delivery of possession without any
note or memorandum in writing such absolute gifts Of
personally bng within the statute Of frauds
acts of registration Though the parties strangers
the absence Of moneyed valuable consideration could
not nvada,e the transfer When the rights of credit
ors not affected voluntary transfer of personally
accompanied BY actual symbOlic, delivery Of poser
sion, as valid between the parties as contract 81
SALE consummated wia ell the soemnities oil the law
s the maxim Of Law VOntas stt pro rdtiOne applying
in such Such transactions where the transfer CT
title Is accompanied BY the transfer Of possession
i simple, and tolerated by the law because they
not supposed to tend to the preparation Of frauds.
Loans other contracts Of bailment also good be
tween the parties though they be merely verbal Per
hsps too It may be admitted that the Of prson
atty may bail IL to another for an indefinite tine and
agree that on the happening of future contingency
may henceforsard be held by the bsee his abIcute
property and that such contract will be valid II suel