The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-10-31
Conaict Of AuthoritY.


The Memphis Bulletin Of the 18th inst,
states that proceedings were institutedIin the
United States District Court last summer for
the cOnfsestiOn OF the estate and properly
Of John oTertOn Of thar city
The esse was brought before Judge Trigg
snd ajury stthe September ('6sl term Of the
court for trial. ovsrt-n had taken The am
nesty oath At Louisville several months be-
fore the proceedings were instituted; this
was pleaded IN his defence, and was held to
be valid by the court and jury, in seeord-
suee wiih a recent proclamation Of Presi.
dent Lincoln, and the property was restored
10 the defendant.
The property being then under the con
troll Of the Fresdmen's Bureau, the Court
held that all leases made BY the Bureau
which were in existence At the time Of the
decision, should be respected, but that the
properly NJ tie expiration Of said leases
would be turned over to 0vertou and If
then withheld by the tenants, the United
States Marshal should put Oyerton in pos
session, and that wit Of possession should
he issued by the clerk Of the court, author
izing the Msrshal 10 use force in tbs eject
meut Of the tenants should any resistance on
their part render such measure necessary.
Certain leases made BY the Bureau expiring
on the 3osh Of September last, the tenants
were notified 70 Vscaie the premises, but re-
fusing 70 comply, Marshal Ryder, who held
the writ Of possession, preceded on Wsdnes-
day afternoon 60 execute the same, when he
was met in front Of the property by an
armed force consisting Of a Lieutenant, q
corporal ed four privsies, acting under
order Of The Freedmen's Bureau, and by
force prevented from discbarcbing his duty,
according 10 The instructions Of the writ
issued BY the United States District Court
The Memphis Commercial has the fellow
ing on this subject
Al the late term Of the United States Dis
tr.ct Court, held IN this city, the case Of The
estate Of John Overton was determined by
decree, awarding 10 him the possession d
his real estate, which had besn Iibeled fol
confseatioa. TheProPeriy involved amount
ed 70 many hundreds Of thousands Of dol.
lars. OvertOn's plea was that be had taken
prOclamation Of President Lincoln. Gen
Thomas declined 20 deliver 20 him his prop
cry, on the ground that he had not taker
the oath N lime % save his property. Tn,
case Nas submitted 10 the District Court o
the United States, and the decree abov,
stated was rendered.
On Wednesday, Col. Ryder, Y. s. Mar
shsl, addressed % Gen Dudley the follow
ing letter, with the view Of taking posses
sion Of the property. or in the event Of re-
sisiance BY military authority 10 make sucf
an issue as would challenge the Eyecuffvi
iuterPo ition 70 uphold the civil tribunals 0
the county:
UNirED STATES MARsaAL's OFFICE, :
MEsTERS DIsTRICT OF rEzStssEE,
MEEFHIs, Oci. IS, 1865. J
GcA. Dudley, Superintendent Of Freedmen,
Bureau % MeBpii,:
SIN have in my hands writ Of posses
sion issued By the clerk of the United state
District Curt at Memphis, ia pursuance 0
a Judgment aad decree Of said court In tn
csse of the United Sta es rs John Overton'
estate and prope ", directing me 10 deiiye
possession OF such psfis Vi said property n
the leases O. which, then existing, made b,
The rreedmen's bureau, had expired, ans
possession OF which wss withheld by th'
tenants in possession sud the lease mai
by the Bureau % store $40 on LOT 30. %
Main street, having expired on the soth dal
of September, lsb5, ] shall proceed at
O'Clock. D. m. October 25th, 1865, "a delive
possession OF said properly TO said JohI
OvertOR, OF his agent, Ne directed by sai'
writ
A. United States Marshal have plaii
duty % parlorm aud must proved 10 do 81
until am stopped by force. give the no
tee 90 that ii 4 am 20 be resisted YOU ma
place guard on the property at the boui
indicated, which will be notice 10 me tina
force will be resnrted 90 in order 10 pre-
vent me tom obeyiug the PrscePt Of ssi'
writ. lf that guard be plared ] shall onll
satisfy myselfof that fact and make my Re
tuIn accoTdinFly, - thst the question mar
be plainly presented for nlteriVr action b.
those who will BE- charged With the hna
settlement OF the matter thus put 81 issue
tino guard be placed over the property y
the hour named, shall execute the writ
/ asa. AT, your sbedient servant,
MAHEss 4. RTBTR,
8. Marshal Western District 81 Tennessse
y. B.-A copy OF this letter va ielive 9,
o. den Dudley 81 ID an, october 9th
1915.
~ the hour 81 3 pm, same date. ] pro
ceedcd 10 execute the writ OF possession i
my hsnds u delivering possession OF th
property described IN said letter, sud wa
prevented from 50 doing by an armed ierc
stationed ~ front ol said property umde
command Of Lieutenant Boyrton, Quarter
master Fre,dmeu's Bureau, consisting q
Cap'n'n Wm. Wells, 10th Mich gan GALAXY
priYstes Geo Lawhack, james Rist, How
srd, Brown, Henri Gloves, there by orde
Of Gen. Dudley, . / was iBformed
MAETIG T. RYDER.
u.s. Marshal Western D tTiei Of Tennes r,
The action 81 Gen. Dudley, which, y
suppose, s ia accordance with ORDER
tr.ugs mp the issue directly betseen tn
riFil and military Authorities OF the Gov
sFHmclL The Marshal is prevented by ii
Hrmed guard from executing decree al Ga,
REGULARLY appointed judicisi tribunal Of tn
country. Ia this shape the issue comes be
fore the Executive