Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1867-06-13
LETTER FROM FAIRFAX COUNTY.
Correspondence Of the Alexandria Gazette.l
60. u AID IA " 1IpcIIrr C0IIRT

49, FAIRFAX CIRCUIT COURT.
@JUNE12, lS67.-My last letter detailed the
criminal proceedings of Court to the end, ez-
cept one case, which was tried on Monday.
Twas that of James Parker, colored, Tor
horse lealing. Fl was found guilty; sentenced
TO Is years in the Penitenliary. onThursday
the Court set regularly inupon the civil docket
and great deal Of business was thenceor-
ward transacted.
OF the more important causes tried, We're
those Of Willcoxen vs.. Sweeney, Detwller VS.;
Kincheloe, and Johnston vs.. Mlllard and
Johnston S administrator VS.. Johnston ana
others. In the first Of these, being an action
for rents, &C., during the war, verdict ior
the defendant was given, on the ground that
it was worth all 4 man could make on q farm,
during those trying times, to take care OF 1t.
The second was for cattle taken under military
orders, during the war. A verdict Tor the
| defendant was found, the act Of assembly ex-
pressly excusing all such doings by military
orders, in soldiers of either army. The case
Of Johnston VS. Willard was one OF unlawful
| detainer of one, undivided mocty oil West
| Grove farm of $50 acres. This case and
| the other stand thus: This farm was owned
Jointly by Samuel r. aud George Johnston.
| The interest of the former was confiscated, and
sold to Millard, who took possession OF the
whole. George Johnstons moety was never
| sold, and he RECEIVERS it by the verdict In this
cause The last case was one involving the
| out regard to former liens The facts will ap-
pear from the abstract l give you of Judge
| Thomas's opinion, and the ruling he has made
will be recognized as Just by all. l am sorry
! that want of time prevents my giving you the
| opinion in full. The abstract is as follows :
''The Confscation Act passed by Congress
| providing for the seizure OF property stock,
credits, &c, OF persons engaged IN rebellion,
changes the common law rule, and requires the
proceedings in these cases to be IN rem, and to
| conform as nearly as may be to proceedings in
| admiralty. At common law a conviction OF TEL
ony was necessary TO be exhibited, where q right
to the property forfeited was set up, in order
to establish such title, but the statute changes
this rule, and makes proceedings m IeTSOnnTn
unnecessary.
The proceeding in this case was against
the property Of Samuel H. Johnston alone, and
it appears that his only interest in the land at
the time it was sold was an equity OF redemp-
ton, he having executed deed OF trust, to
secure the payment of the purchase money
for the same, which was recorded before the
land was sold under the proceedings common
ced in the u. S. Court. The purchaser at the
confscaton sale, Josiah Willard, purchased
with full knowledge OF the facts, and after
public proclamation Of the liens existing on
the land.
Under these circumstances, without discuss
ing the character Of the title acquired under
such sales, and without inquring as to the effect
| OF our registration acts, as against purchasers
of q contiscation title, have no hesitation in
declaring this property subject to the lien
created BY the deed OF trust, and sale will be,
therefore, lecrecd OF Samuel r. Johnston s
interest i'll the land, unless the debt be paid.
| The case, moreover, was referred to a Commits
sioner to report all the liens and membranes
existing against the land, this being necessary
before sale could be dccreed. PEQU0D.
RELIEF FROM ENGLAND FOR THE SOUTH.
The subscribers to the English Famine Fund
desire to appropriate their surplus funds
| TO The relief of the Southern States Of the Am.
erican Union Their surplus funds now
amount TO about 5000, 900 in gold, and US but
! a small portion Of this would ever be reclaimed
by the subscribers under any circumstances, 1t is
not likely that there will be any difficulty in the
way OF its suggested application.
There may be, " says the Liverpool Ameri-
Gun, some legal obstacles to its Immediate
use for this purpose, but as the character of the
! suffering will admit Of no delay, it has been
proposed TO send forward portion now, and
retain q part until such time as might be fixed
for its withdrawal.