The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-06-09

time, passed under and 10 affected by this division
said Methodist Episcopal Church at tho North or OF it's
agents and appontees. And further, this defendant
branch OF the Mo.hodIss FpscopaI Church at the North
and that at the SOUTH and that the petitioners have been
view no. with all deference submits that it is not prop
ery question for this court In further answer. this
questions the solution Of which is necessary to bis dis
charge administrator and which he 10 wholly unable
oeedInga tho oour. OF Equity Of this state and ha.
proceedings are. In fact prepared to make and test
submits that they OF such character will require
full and elaborate judicial Investigation and decision.
this reason and also because the questions purely
questions OF law In which all the parties before the
Court would stand equal footing ho submits that
this does not within the spirit meaning
Of General Order No 2, Headquarters Department
specially asks that the case be dismissed from this
Court upon tho stipulation that he do file his proceedings
do make the parties petitioner and all other parties
interested parties to such suit giving each party the
a 1's and do
fendnnt saieiy discharged.
ho was placed in charge OF this estate all the buildings
upon 1t but four were consumed In tho great nro Of
street. two in number. % on s. @ioaaois siobo. have
been in the Of parties who EsioGo e Pay BIN
aa% So
Of these premires That he has been compelled to pay
city, out Of reduced income and Is greatly In
OF the estste. to the extent Of. r
the estate for term gears has expired and that he
has negotiated q personal loan to himself OF ---
Se.o se has incarrea liabilities for his estate to his
legal advisors he respectfully asks therefore that be-
snG oss
obligations before surrenderipg the eatae. and that the
on the Of the estate ~nioh they ad@s sat
they have converted to their and whoh clearly
belongs to him. whAever may be the ultimate disposi
''0n '' 'A' pf0p'f" JAS. R. MOOD. Administrator.
sworn '''''' "' H1z oaAkLss II Les H. s1xonrox
Notary Public,
oned Jurisdiction, and thereupon the plaintiffs sp-
peaed to Gen. DKvKNs on the following grounds:
GROUNDS OF APPEAL AGAINST DECISION OF THE
COURT.
l. Because II ts respectfully submitted that The
express uo.ds OF General Orders No. 30 p,rasrsph l.
o. 0FdsGn snS no. A. a.
ber g. 1885, ana October Il. 1885, a''n h0A'' 'ep''"
b., Because the orders aoove referred to and which
Because il 10 respectfully submitted that by the
laws OF South Carolina. the acts Of an administrator
extend only to the personal effects OF estate ita
the % %
while an Is only required to give security
ss
300 defendanta answer. '.'-7,-7
T. It fs respectfully submitted that the other aues
tions raised by the defendant In his purely
questions OF fnctn which cannot be determined before
| hearing the evidence
Because It 10 submitted that the court ought
deny its Jurisdiction account Of the supposed ih
| cult and grave questions of law "
O. Because It Is submitted that portion OF defen
dants fRBifes the other, and that upon
| important points It is incorrect and untrue
Con. DEvENs sustained tho appeal ON the following
opinion Of Judge Advocate PxHE and sent the
for trial:
Op1a1oN JUDGE ADVOCATE PYNB, on which Gen
Devens acted in returning case OF N. z. Church ps
Mood to Provost Court r.r."
The question OF Jurisdiction In this case, though up
parently very involved, is really very simple. Tn
matter be decided by the COURT ultimately is not
10 which wing Of this communion Ia the IN z. Church
or to whether the so-called Northern Southern
branch of this Church iB the entitled to possession
under the will of Mr.. McKee, although these question
will necessarily enter largely into the when tried
The only question ultimately ia issue 10 whether tn
plaintiffs not the parties legally entitled b
possession. In this view Of the case submit that (th
plaintiffs being persons Of color the Jurisdiction OF th
ourt complete under tho General Orders establish
ing and defining the Jurisdiction Of the Provost Court
within this command.
It is recommended that this answer be returned
the Court, and that the cnse be tried.
| CHARLES O. PYNE.
/ Brew. Cspt., LIST Lieut.. 9th Infty,
Assistant Judge Advocate.
| rrba foJIovvjpg ia fhe ayjdence Sare taken.