Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-02-06
Important Judicial Decision.

case OF SainouH CS. Sdtuenu1 nea'p os = 10
ems, s., c., July. 1885,. This is an important
decision to the people at large, and one that
invites the attention of the public:
On The 18th day Of May 1854, Floride
1 Calhoun and her daughter, Cornelia NJ.
Calhoun, sold and conveyed to Andrew 2:
Calhoun the Fort Hill Plantation; in Pickens
District, containing eleven hundred and ten
acres, fifty negro slaves, and all the other
personal property on the plantation, with Ger.
tain specified exceptions, fur the sum Of for
ty-nine thousand dollars. And ih payment
I Of the same they toolsthe individual bond of
Andrew P. Calhoun, to be paid as follows,
that is to say Forty thousand two hundred
dollars to Floride Calhoun, and the remaining
I eight thousand eight hundred dollars to Coz
nelia NJ. Calhoun; the whole amount to be
paid in fifteen years from the first day Of
April, 1854. the payments to commence in
/ ten years from the last date, and to be fully
completed in FIVE equal annual instalments
thereafter, with interest on the whole amount
/ for the Grst ten gears, at the retc of five and
oae.halr per cent. per annum; and for the re-
maing FIVE years, at the rate of three. per
cent per annum upon the instruments as they
fall due, and for the purpose of securing the
| payment of the yond, and as a part of the
same transaction, as is evidenced by the fact.
that all tue papers bear the same. date, and
by written agreement, entered into at the
same time, by all the parties. Andrew P.
CALHOUN executed two separate mortga gesf
one for Fort Hill plantation, and the other
for the fifty negro slaves, each by its terms
to secure the payment of the whole amount
of the bond to FIoride Calhoun and Corpel;a.
NJ. Calhoun. The mortgage for the negro
slaves.is in. the usual form, with proyiso in
the words following, to wit g. That if default
shall happen to be made of OF in any. pays.
mient of the said debt or sum of money atore
said, according to the terms, intent and
meaning of the said bond and condiSiop
thereof, that then and in that case, it shall
and may be lawful to and for the said Flo
ride Calhoun and Cornelia NJ. Calhoun, their
Executors, Administrators, Attorneys or
Agents, from time to time, and at all times
hereafter, peaceably and quietly to enter INTO
any or all the pessuages, lands or tenemehts
Of the said Andrew P. Calhoun, and 20 take
the said slaves into their CUSTODY ard pos.
session, and the same to hold and detain to
their own use and behoof as their own goods
and chattles from thence fol tn and forever,
or the same to sell and dispose Of at will and
pleasure, returning the overplus, if any there
should happen 20 he after paying the said
debt or sum of money with interest aoerring
| unto Floride Calhoun and COrnelia N. Cal.
| houn."
! There was some conflict Of evidence upon
the subject, but upon the whole, am salts
fed that in the trade, the plantation was es-
.timated ct fifteen Thousand dollars the fifty
negro slaves al twenty nine thousand dollars;
and the other personal property at five thou
sand dollars, making in the aggregate forty
nine thousand dollars.
In 1851, .Coraelia NJ. Calhoun died, intes-,
tate. and III February, 1866, Thomas g.
Clemson took out letters of administration
upon her estate. And in March, 1865, An
drew p. Calhoun died, intcstutei leaving as
bis heirs-at law, his widow, Masgarite Al.
Calhoun, and seven children, to wit: Duff
Green Calhoun, John @. Calhoun, Margarite
Calhoun, Andrew P. Calhoun, James E. Cal-
koun, Patrick Calhoun, and Mary Lucretia
Calhoun. an infant, who has since died. And
his son, John c.. Calhoun, administered upon
his estate, which, like that of many Others,
was almost entirely swept away by the re-
suits of the war. And the only property re-
naming for the payment of the bond, which
is wholly unpaid, except the interest up to
the first day of April. 1865, and Of other
debts, which, from an exhibit OF the same,
|. filed with the answer of the Administrators.
amounts to as much or more than the mort
gage debt, is the Fort Hill plantation snd
about ten thousand dollars worth ef.personal
property. The bond is the only specislity
debt due by the estate of the intes:ate, SO far
as is yet known.
The bill was iiled on the 10Th of. March,
1886. for the purpose CT forcclosiug the mort
gage on the Fort Hill plantation, for the pay
nent OF the whole amount Of the bond. To.
this; the defendant Margarite NJ. Calhoun,
objects, insisting that she is entited>to dover
in the plantation; subject TO the payment OF
the purchase money of the same, and not OF
the whole-morrgage debt, and that the assets
in the hands Of the Administrator are first
to be applied. in the regular course OF admin
istration, to the cxtinguishment OF the Tort.
gage and that the Fort Hill plantation Shall
only be subjected to the payment of any de
fciency of the amount of the bond, after the.
proceeds of the personal estate are applied
and after deducting that portion Of the snme,
which was given for the purchase moaey OF
the fifty slaves, which for reasons hereinafter
assigned, it is insisted, ahould not be paid.
The cases of Wilson VS.. Mcconnell, Heb,
Ed, 500; and Hennegen vs. Harhee;; u Fich.
Ea., 2S5, sustain the position. that the per-
sonal estate is first to be applied to the pay
ment of the mortgage deb, that the hand is
only liable for the balaHce due. But the first
propostion is not sustained by the authorities.
A widow can only take dover in land, riort-
rosed by the husband, ut the time Oh the
purchase, aud as part Of the same trsnaac
lion, subject to the payment Of the eattfe
mortgage debt, whethef the same vas in
whole, orin part only, for the purehate ;t,ot,'
ey of the land, provided the same is recov-
erable at law.
But It is insisted by the defendants that
tho largest portion of tho mortgage debt was
incurred by the purchase of the fifty negro
slaves. who have since been emancipated,
and that the Consideration of the bord, to-
that extent, has wholly Jailed. For more
than ten years otter the purchase, there was
no complaint of any failure Of consideration,
and it is not now alleged, that there was any
intrinsic defect in the titles, when the bond
was given. At the time, property In slaves,
as in everything else, was subject to-he des-
troyed by revolution, aad it has beea SO des-
troycd. Bat did not the intestate buy them
with.the contingency distinctly before him,
that the instifution OF slavery might in a
short time, be abolished, either by revolution
in the government, or by constitutional
amendment? 1t is well known, that the value
of slaves, OF different times, was greatly at
fected by tho political aspects Of the county.
And think it mag be safely taken for grant
ed, that when the intcstate made thA pur.
chase he took the chances of emancipation