Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1866-12-03
2eIRCUIT G0U R =
IMPORTANT DECISION OF JUDGE
THOMAS.
JUDGE UNDERWOOD g. ". \. McVEIGH.

opinion in the case CT Dane & Co. vs., c. a.
Baldwin & Go.
1t seems that NIr. VIM. Il. McVe:gh's prop
erty had been seized first by the !. S. Marshal,
and confscated and then by the Sheriff for his
creditors, and sold in both instances. The case
came before the Circuit Court upon q petition
fled by the defendants under provision of the
attachment law of the State, authorizing the
reheaging of the proceedings against thca, and
asking that they be allowed to make defence as
if they had appeared at the time the same was
rendered, because the petitioner had not been
served with process.
The parties appeared in Court, By their At
;torneys, S. F.. Beach for the plaintiffs, and
Brent L Wattles for the defendants The toll
lowing statement Of facts was agreed upon by
the parties:
It was agreed that portion Of the property
levied upon by the officer of the court. IN the az
taohment issued in this cause, was prior to said
levy By him duly seized by the Marshal or the
United States for the District of Virginia, as
the estate of VIM. n. hIcVeigh, ia virtue OF
an act Of Congress-, commonly known as the
WConfscation Act that said property was Il
belled in the District Court of the United States
for the District of Virginia, cop6scatea by that
court, and sold under deere, and conveyed by
said Marshal in fee simple to the purchaser:
that the sale by the Marshal was prior to the
sale under the attachment, butsubsequent to the
levy thereof; that the remaining portion OF the
property OF McVeigh, known as the wharf
property, was levied on by the Sheriff on the
Same day that the Marshal seized the said
property, viz: % July, 1863; and that the
seizure by the Marshal was made under an or
der OF the United States Court, given July %
1868.
In tho arguments OF the cause made by
counsel, reference was frequently made 10 GER
tain dispositions, which, as they exhibit in
lively manner an inside view o! sundry matters
and things enacted in Alexandria during the
late war, we present at greater length than
our customary abstracts of the proceedings OF
the court:
The first witness; was John G. Baldarson, 3
merchant Of Baltimore, who dcposed as follows :
"Question. State fully what, if anything,
YOU know in relation to the sale Of certain prop
erty in the city of Alexandria, belonging to
Nir. McFeigh, ana what connection you had
with the sale? c,,
dcrson, Ward Il Co.. and as agent for traucls
Dane & Co., Km5a, Robinson & Co., the last
two being Boston firms; also as agent Tor the
Asiat;c Bank Of Salem, Mess, I had certain
notes and claims against c. A. Baldwin, Il Co.,
Of Alexandra. Of which firm Mr. McFelgh
was a partner: went with these claims 20 Al
cxandria-learned that Mr.. NlcV Weigh was IN
Richmond or elsewhere, beyond our lines
this Was sometime in the spring or summer OF
1863. | placed the matters in the hands OF Mr.
Beach, an attorney at Law, who afterwards IN
s;ituted suits upon them against ba !d"in 4
Go. he advised Us subsequently that ne had
obtained indictments thereon; ard that attach
ments had been issued against tie property O!
NcVeigh, CT Il portion Of it; nothing further
Vas done about them until learned that the
PROPERTY had been seized by the /. : Marshal
under the canGscation act, and was Advertised
t. be sold Hereunder; upon learning that fact
started for Washington, and endeavored to
obtain 2 Hostponement or the sale; L called
uDon Mr. Alley in relation 10 it in January or
February, 1864; 3ir. Alley pTo@2!scd any assl5-
lance he could give Us IN efiectlng ou' oGJec;;
7 then weut to Alexandria, saw hir. beach,
WHO advised that the confscatlon act could not
apply il this case; that the decree CT contlsca-
ton made hy Judge Underwood was against
the fec simple CT the estate, and could not he
sustained alter lapse of few months, hay
ing learned that could not obtain postpone
mcot OF the sale, | communicated with the
narjics ia interest, upon which Mr.. Dane and
hlr. Robertson came to Washing ton, arriving
there on the morning Of April 9: 1864; the
next day we had an Interview with Judge IN
derwood in company with Mr. Beach: the
Judge refused to postpone the sale, but init
mated that we might make s0mc arrangement
about our claims he said he wanted to buy
dwelling house ior his wife: and il lie became
the purchaser at the sale, he, for oac, would be
willing to pay fifty per cent Of his proportion OF
the iudgulent: he informed US that MIR. l.. 4.
Chittenden, who was interested in the steam
shin company would be likely to purchase the
wharf property, but would not lid Gu the
dwelling house, and advised us to see flr. Chit
tendan; in the afternoon Of the same day after
this interview, VIC met Mr.. Alley on PenDsyl
yan!a Avenue, Dir. Robinson informed him
that the sale was to take place the next day. );
Mr. Alley advised us to buy the property, II
not sold too high with view to secure our
claims; that evening Robinson aud myself went
to Air. Chittcuden's house; informed him that
Judge Underwood had intimated 10 us that ne
(Mr. T.. might. perhaps. puy the "harl prop
erty Mr. Chittenden said that he might buy
it, provided he could get it at a price which he
would consider equivalent to fair rcnt Tor
few years; that he had 60 confidence IL the IL
tie to be derived under the cooGscation sale
Mr.. Chittenden advised talk With Air. Clyde,
and upon the suggestion that there would be
no time, as the sale was advertised to take
place at 10 clock, he said he would write to
Tn1rn I n1nryonH asking him 10 DOstDOnc the
sale until lie could get there he accordingly
sat down and wrote ncta and gave it to llr.
Robinson, addressed to the Judge: the next
morning Ill the parties met at the Alexandria
Court House, Dir. Cakes Ames, and Nr. Alley
being on board the boat in which was
with Clyde; Mr. Chittepdeu arrived there
after Us Aiessrs Dane & Robinson and myself
had an interview with Mr.. Chittenden ard
Mr.. Clyde, in the Court House, the sale having
been post-poaea = ! = : = i
The sale took place at II O clock at noon