The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-03-06
SOUTH CARoLINA--ANDERaoN DIsTRICT.
IN TIE COURT OF ORDINARY.

IN THE COURT OF ORDINARY.
Mary A'ker rsii0n ssi n,f,iss f95 ss'f@sI,' as1s
Joshua s. Acker, Il al &C.
1t appears from the petition in ellis case, that
Mary c. Acker relict of the late Wm II. Acker,
deceased, purchased at the sale Of the personal es
tate Of her deceased husband, ON the 11th day Of
November, 1862, property to the value Of Sl,08l.-
43, for which she executed her note to the Ad-
ministrator, according to the Terms of the SALE
Much the largest proportion Of her purchases con-
sisted of negroes, women and children, whose
maintenance, from the date Of the purchase up to
their emancipation by public authority, 1t is abun-
dantly proven, was worth more than the value of
their services She also purchased other person :
atty, at prices greatly above its ordinary and true
value in sound currency, as is satisfactorily
shown by the testimony Afterwards, in January,
1864, petitioner was appointed, by this Court,
Guardian of her minor children, whose names ap-
pear in the proceedings, and executed her BOND in
the usual form, for the faithful performance Of the
duties of her trust. On the same day, or there
about, her note in the hands Of the Administrator,
given 70: purchases at the sale, was credited with
Three Thousand Dollars, for which sum she gaTc
lerreceipt on her own account as distributce, and
as Guardian of her children and in March follow
ing she gave her receipt 10 the Ordinary for S426,
1e, tile amount of proceeds Of sale of small traot
of land sold by order of this Court for partition
This sum she received in Confederate currency,
which is shown by the proof to hare been 30 far
deprecated at the time that twcnty-si1 dollars
thereof was worth only one dollar in gold the true
standard of value. In May, 1865, slavery was
abolished and Confederate currency and securities
became utterly worthless, and it appears, there
fore, that petitioner has nothing whatever to show,
save The intrinsic value of the currency received
by her, for her receipts outstanding, for Three
Thousand, Four Hundred and Twenly-Si1 Dollars
and sixteen cents. II further appears by the petit
TONER that there is small tract of land, worth
less than one thousand dollars as vhown by The
proof still remnining Of the estate of her husband,
which is subject to partition.
The petition prays that the note of petitioner, in
the lands of the Administrator, may be reduced by
striking out the amount of the purchase money Of
the slaves included therein, and the excess above
its true value Of the other property purchased by
her, which is shown by the proof 10 amount TO
SS59.00, and that decree bo made fixing the true
sum for which petitioner and her surety liable
on said note. 1t also prays that her letters of
guardianship be revoked, and her official bond,
and the receipts given by her aforesaid, be de-
liYcred up to be cancelled; and that partition be
made of the tract of land described in the petition
The Court is sensibly impressed with the novelty
and Importance of the questions involved in the
application and has considered them with On anx-
ious desire to mec out full justice to the parties IN
tercstcd. Tho greater portion of the Indebtedness
of petitioner, originally to the administrator, and
now to her wards was contracted for the purchase
Of negroes, which have been forciby arrested from
her by tile action Of the Federal and State govern.
ments, without any fault on her part. To what cx-
tent legal liability upon IN outstanding e1ecutory
contract for the purchase of slaves at any time and
between individuals acting for themselves, cnn be
maintained, admits of very great doubt The Court
is informed that the question is being made in our
highest tribunals, by counsel learned in the law
who confidently affirm the proposition, that no such
contract can be enforced, without violating the
principles of equity and Justice lying at the foun-