The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-10-02

EQUITY CoURr-OCroBER TERM-Judqe
| WyHe Tho October special term began at the
City Hall yesterday morning.
The calendar was called over and cases set
for special days, or continued generally.
The following cases were then taken up:
583. Thomas Brown VS.. Glenn. Beckett. This
Is an action brought to set aside a deed Of trust
given by the defendant for the benefit Of his
wife and children, 1t being alleged that this deed
was fraud, intended to hinder the just RENE.
dies Of his creditors. 1t appeared that Beckett
and his wife MARY Slader) lived together in the
matrimonial relation without tho nuptial rite;
both parties being slaves, and the law at the
time not recognizing the parties as competent to
make q contract, and that though Beckett was
emancipated In 1888, and his wife In 1874, yet
since their manumission no formal marriage had
been celebrated. Mary Beckett sets forth that
the land In question was encountered by lien
for debt duo Wheatley Morrison, which debt
che paid out Of her own earnings meanwhile
supporting herself and her children, and an as.
Segment Of the real estate conveyed in trust to
Wheatley Morrison was made to Mary Beckett
and children.
Mr.. Jackson, for the plaintiff, argued that
New York and Virginia cases held that cohabi.
tation for thirty years was an indubitable evil
dence Of existing marriage but that If doubt ever
existed, It was set at rest by the act of Congress
of 1866 declaring that cohabitation and issue Of
children by slaves should operate to create a
marriage relation without further proceedings.
| Mr. Mathews, for the defendant, Rad dsposi.
lions showing that Mary Beckett handed over
| tho money which paid tho debt due Wheatley 4
Morrison, and that she had also paid the money
for certain improvements built on the premises.
He argued that the act Of Congress Of 1866 was
intended merely to create marriage relation for
the benefit of the parties cohabiting and their
children. Certainly 1t was not intended to have
/ atrna AfIact & tn diVeat thu riphtR nt
parties already accrued at the time of its enact
| ment; that the considerations of the assign
ment to her and her children was over 81, 500
paid by her for Clement Beckett and that that
/ assignment was for valuable and meritorious
confederation that her condition was, at that
time, as a fame sale, as no marriage had been
solemniEed between the parties.
Tho court took the papers and reserved Its de-
cision,
V2S. L. H. Smith VS.. J. c. Smith This is an
action for divorce from tho bonds of matIimony
on the grounds Of cruelty and adultery. The
parties were married by Father Walter, in st.
Patriok's church, in 1868, but it appeared in owl
deuce that soon after the defendant treated hii
wife cruelty, drew pistol on her, 40, and com
mitted acts Of adultery with a public woman
There was no defence, and the Court granted tn,
divorce.
In the matter Of the Alexandria and Washing
ton railroad, Mr.. Phillips presented the petition
OF ]. H. Lathrop, receiver OF the railroad nskinl
the authority Of the court to confirm contrac
with S. NJ. Shoemaker for the purchase Of loco
motive engine This engine to cost $40, 900, tn
receiver to have eighteen months to pay thu
same, in the meantime paying q weekly hire a
the rate Of $40 per day, the hire so paid to b.
accounted for upon the purchase, and ten PEI
cent, per annum on cost price to DO paid To-
risk,
The court also entered the following fOFmA
orders:
9O7. Dilger VS. Schneider, Decree pro eonttsso
1853. Door VS.. Wilson. Case dismissed.
1928. Neidham vs. Potomac Ferry Company
Case dismissed,
!. 7S9. Hill vs.. Chesapeake and Ohio Canal Com
pany. Ordered to DO certified to the court i
general term.
63l. Eckels ct al Va. DincklOy Leave granite
to amend bill.
1909 Eckols ct al, vs.. Carter Leave granite
to amend bill.
067. Dorsey VS., Keller OF al. Decree appoin
ing VIM. F. Mattingly trustee.
1858. Stewart vs.. Stewart. Decree appoin
ing John T. Ennis receiver
977. Varnsll vs., Aldrioh ct al. Order of pu
location to notify nonresident defendants.
1923. Thompson vs.. Arnold. Order appou
ing guardian to defend infants interest, and ord
= of publication to notify non -resident parties
the suit.
The court then adjourned until this morni
al ten o'clock,
VI II AppAc EnpprS NIqr- Raflra Ind