The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1866-05-09
: Legal Decisions.

sea in regard to many new points of law which
the incidents Of the last fv, years have occa'
stoned, any decisions Of the Courts, State or
Federal, which will throw light upon these
questions, or any OF them, will be read with
more than ordinary interest. The following
cases. involving points in which hundreds Of
our readers are interested, are Of recent date,
and will doubtless attract due attention:
Tife first case is one reported by tho Macon
(Ga.) Messenger, as coming before Jud ge Speer,
at the April Term of the Superior Court for
Sumter County, involving n contract, based
upon negro property, and is as follows:
John w. Armstrong ps. Columbus w. Hand.
Complaint on notes for the value Of three he
g,pes sold in 1850. Plea. failure Of conside-
ration, aud breach Of covenant etc.
In Sumter Superior Court, April term, 1886.
Col. Joseph Armstrong and General Howell
Cobb, representing the plaintif, Messrs. Haw,
kins and Mckay for defendants.
The facts ate briefly these: Armstrong,
plaintiff, on the oh Of january, 1850, so,i
three negroes to defendants, for a given sas:,
aud took their notes for the same and now
sues upon these notes. Plaintiff warranted Il
ties, that thew were slaves for life. The dcien-
dants plead failure Of consideration and breach
OF covenant OF warranty, by the al clifton Of
slavery.
The court held the covenant only warranted
the title and status Of the slaves, rs the law,
then stood. aud thst the act of the gov crnment
ab.ishing eavery, repealed the covens,t The
plaintiff was, therefore, entitled to rec ever the
votes sued upou.
The case goes up to the Supreme Court
The Atlanta (Ga.) Lntci,genccr, Of late
date, reports a case before the Superior Court
for the State Of Georgia. sitting at Atlanta. a,
follows:
Un yesterday eome interesting rent cases
were tried, nm"ng them that "f z a. Rice
rs. John IL. l.ov.joy. OR LIST March. 1865,
the defendant rented from plaintiff n store
h"use in tho city Of Atlanta until the lst OF
January, 1866. rgrseing To pay therefor
$685. per month in Confederate money
The rent for the m"nths Sf March aud April
was paid in that currency. The question
male in the case was. show much was the
plaintiff emit ed to recover for the balance
"f the time In the present currency = The
plaintiff proved the property To be Yorih
about 500 per month from Nav to Jnnun.
~. The defendant showed Confederate
money TO be worth mt the time or The con
tract lst March, 1869 about fifty for one
in gold
Ju"ge Warner charged the jury that this
was an executory contract. Tnat under the
law Of The last Legislature they should
look TO the consideration Of the contract
.nd the value thereof, the currency in which
tie rent waS To be paid and the value Of
said currency, and having considered thrs.
things, they should render sIch u verdict IN
would be righ,, just aud -q iiiable between
the parties. The jury found a verdict Of
$500 10 favor Of the plaintiff.
The Augusta Chronicle saws that In n
recent law SUI there, the defendants, in
April, 1863, iender-d 10 the plaintiff, tn.
amount due them in Confederate notes.
The currency was not objected TO. but the
tender was refused on the ground that more
Was due. The defendants kept the money
rendered. and deposited it 10 Bank, on their
general account.
The plaintiffs now claimed q verdict fu
the value OF Confederate money, at the :ims
OF the tehd-r, which was admitted TO be at
the rate Of five for one.
The defendants Insisted that the moasy
remained 10 defendants hands al the plain.
TINS risk and, having become vainelyss,
the defendants were enutled 10 a ve,dict
The Court charged the jury, tha; il the
Identical money rendered had been kept
separate rom all other, aud marked as the
plnintiffs'. !: would have been nt their risk; !;
but, having been used by ,hs defendants, as
their own, they must abide by the depre.
citation, and be held liable :or the value Of
the Confederate notes nj the tim, Of the
tender.
Verdict for the plaintiffs accordingly.
The su'joincd ease" reported by Mobile
paper, and which has been goiog the roduds
Of the press Tor several weeks. though perhaps
not Possessing the practical Importance Of the
foregoing, IL, nevertheless not without its share
Of interest
TIE FIRsr CASE IN ALABAnA.-Bcfors
Justice s arr yesterday was tried a case
that probably has ne parallel in Alabama
II Involved "brsach OF promise" IL nothins
worse. A sable dnm.-l was wooed and
won bv cur othelio she slowed not wis civ
but too WELL" and now she sues o. hello 10
support her" Justice Starr, who has q
keen appreciation Of the n.grs character,
nd not Wishing 10 entail u lengthy law suit
upon the po r beings, undertook 10 Rx the
matter Tamia6fe. tie sent Tor the .hesrt
less villain Questioned him a. to the
pa'erniiy Of the "ptcaninny !" he xcknow !.
edged nso be his The Justice then told
him no must support the little "blnck limo
cent" who is very naturally YER, block
and if he .oald not, he sh 0uid put him in
jail. TO await his trial for an sf.nce against
The State law TIE negrs agreed 10 work
for the baby, aad contracted then aad the re
with white gentleman Tor term. a part