The New York herald., 1867-03-09

Opinions o. the Present Term-FIcri Tncias
vsid if Tested after the Death Sf Defendant
In Atfnchuent--T Common Law Rule Com
trois In the Absence or a Statute. ~
Johw X. kaeAe1 psatnt0 in error cs ne Lessee Of
Dc 81 Ndent al I'm esror TO the Cirost Court OF Tho
United States for the Northern District Of Florida An
action OF ecctmcnl brought IN that court by the he
fendant In error and the submitted to Che
court upon agreed statement Of facts a special
verdict which with the record In tho cjcctment suit Is
made part Of the record here, and the facts as
agreed the court gave judgment for shs plaintiff who
had made title 70 the lands In controversy as lessee Of
tho heirs law of Dc St Maxent to whom the lands
had born granted by the crown Of Spain in 1916 and
confirmed BY Congrcss in 1879. Tho defend-
ant there had claimed title under sale
y the Marshal OF the district Of West
Florida by virtue Of writ Of fevi dccs issued on the
2lst of peccmocr iS2a 10 the usual f.r against me
validity OF that sale, the defendant IN the attachment
hay ing died In Cuba 1873 the day prevons TO the
test Of the execution This action was brought In 1851
y Phllirs and Reverdy Johnsos for appellant; Car
BY tho ooartMr M Justscs Davis delivering tho opn-
ion.rhe ISOLATION OF one quest on preseneiby the 70
tested and issued after the death Of the party against
whom the judgmcnt s rendered, confer power on the
the owner of the lands in controversy the Of his
DEATH and the plaintIns below are hss heirs at-aw,
admitted; ess = y claimed that she hils was a.
him IN tho courts Of Florida, which ripened
into Judsmen. while he WAS alive. n y. Won settled
pripcpe Of law which has often received the sanction
Of cour that the deoree o. judgmest ofa court
rias Jurisdiction binding until reyersed and cannot b
and fatal to MschcIrs tiie, for pur-
chassrs at judcal sale are not protected the execu
,oonses no right the officer 70 SELL and oil acfs done
underi absolute nutics The wrst OF feri J0c0s
death Of 81 MaxenL and according TO familiar rule Of
che cannon law u was therefore void Tic death Of
n 70 sse oas sas writ Of % s os e s,ers
sson OF .&he person alieresh the process" tBscons
shrslemen,, t.e sire fae.as The heirs dsvsaes and md
fose execution can regularly issuc for toy ara
the parties in interest and should have an
they have 20 Tho enforcement Of the juda
moot iErwn's Lcssecs Dundas 4 How Is an author
Bat commended that tho doctrines Of that case havo
been overturned by the decision Of Taylor va Doe rc
pors in iath Howard This is an srroneous view Of
that decision rho court held in thai that not
necessary 10 revive judgment by scfr fdcias where On
Ss n" s a e s &c sso
had made ths levy could proceed to cell under rendt
ten, erronas That writ wac regarded M as completion
been appropriated and NOT as an orna or ndetendsnt
proceeding II was the power or the legislature Of
icst Of procsss Int having fall 70 DO y ana having
adopted the common Law OF England, the que
81 ON ,hs DOMINION S %Ss' isw s7s Of Florida is2a 10
1875 y. Es1 Blu. IL Is insisted that the rule. Of the
common ag only atach 10 sass prosecuted IN tnc ofui-
nary way sad apply where the proceedings are
commenced ty izing prcrertylnder writ II sttacn-
mcpt This J. novel view, for The law OF attachment
being in derssiin OF the comm@n law, courts are not
inclined 10 xoad iis provisions beyond the rsquifc-
sncnts Of tho statute antorizng H. In Florida The ser
vcc Of The wrtsof attachment bnds the property, and
retains " In cuctojv OF the law for the benefit OF the
siksching CREDITOR n he obtains aigmcnt and cxecu-
toc, and the property Is 10 be dised OF a. In other
caass Of property evicd upen and taken IN execution
lI,awR Of Fiorda 1623 pa As m execution y re-
qilret and the hw 81 silent about the manner OF rs
ISSUE y follows that Is to be tested and issued as wr
OF 6eri fuciGs Judgments obtained through the
usual thods OF the common law. The judgment OF
the court. below In Affirmed, with costs
FfRs ~ SAvn,rAH GA--On the nigtt Of February %
Ape broke &nt III the junk store sf W. white, and
doyerss In the brick block on cotton wsrehouses
Bay kfake, near Jefferson ureef, owned by lr and
Mira Hodgso agA Miss TsfaE IL soon spread 70 Miller
Bros cotton warehouse one sicc and the va are
house OF Grady 5ojy te other. In the former Was
stored hupdred bales Of upland cotton all Of which
was consumed and y the latter sishyssvsn thousasd
bushes u lime and ssenb eve thousand Aths, which
were also destroyed The ooton Was fully insured -
the london Phenix INSURANCE Company Tho contents
Of grady = Tclpe wsrshcdss wsiv insured tor 500
upon the bsilauUk ne tIAue = ths 3cpsny ANtruysd