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

SlStea lHdt ,tue luolltuS'ou ~ oan'SAJ "N'' A'o'
abolished uatil it was doce by our State Gu.
thorities. IF the State did the act freely and
not in compliance with the demands OF an
authority, which She was forced to obey, then
the owners of slaves might be justified in
presenting claims against the State for. their
Value, but not in refusing to pay the parties
from whom they had purchased them, the
amount they had agreed to pay for them be-
fore their emancipation. And il it were 9th.
eryise. it tis'strange that there has been no
decision in any case arising oat Of the eman.
cipation of slaves in the West fndiu Islands,
or in the Northern States, sustaining the po-
sition eon,ended for. And il such O rule
we're adopted in relation to e1eertory con-
tracts for slaves, it would be very difficult for
Courts of Equity 10 stay their hnndsin exc
cuted contracts for them, when the equities
for reliefwould be precisely the same, ex-
cept, perhaps, that the.more graspng credi-
tor,had compelled payment by sacrificing the
property of his debtor, when the more indul.
gent one had given time, as special favor to
the purchaser go 4 ,ss..1.a
III, IS further insisted, that If the defence Of
failure of consideration, to the exten: Of the
purchase money of the negro Slaves he not
sustained, that the estate of the mtestate is
not liable for the same, because the condition
of the mortgage was broken before their
emancipation, and upon that being done, the
isgal estate in the slaves vested in the mort.
gagees, and that legally the loss by their
emancipation fell upon them, and not upon
the mortgagor. 1t is true, that upon the con.
dition of the mortgage being hroken,s the lie.
gal title to the slaves Yeste,i in the iiforiga-
gees, and dthey might, without any condition
to thas effect, have seized and sold them and
applied the proceeds tothe payment ef the
d. BIT, or they might. have filed their I'LL 10
,foreclose their mortgages both on tho laIul
and the negro saves, or they might bave i'll.
atitu,ed suit at tlaw, up Il t! e. Gond Tor the
whole amount Of the same, Brown vs.i'Stcw-
art, Mopg'l, ch.87 a Kent, lSS-ahd.note J..
In the case of Bryan VS.. Richardson, lst
Ssrob. .Eq. Rep, thew ellestabished doctrine
of this Court is stated by Chancellor Harper
to he this, to wit: SIN this Court, the mort.
gagee. though having the lege4.title, IS not
considered in any manner as the owner OF J
the slaves; as, in Court Of Equity Ming.
land, the mortgagee of land isnot considered
the legal owner. Hesis regarded as having
taken pledge or sccp:lly for his debt, with
no view to the possession of t.le property it,
self His object.is merely the recovery of
his money!. And by the provisions of the
act Of l7l2, the mortgasee must be in Ire a'-
-tual possession of PERSONAL property for tlic
space of two years after the breach oi. the
prpviso in the bill of sale or other paper OPP
1efsting as mortgage before the absolute
ownership of the property vests in him. Aud
itbas been decided in the case Of fsJackson
VS.. Willard, Johnson's Rep, that" the in
terest of mortgage before foreclosure. Is
not the subject of sale on execution nt.hw,
notwithstanding the debt is due and the cs'
tate has become absolute at law" And in
the case of Covell VS.. Dollof, 81 MaiRe Rep.
I04, that if the property in the possession Of
the mortgage is destroyed, without any fault
of his, he cannot be held 10 account for it,.
Upon condition broken, the legal title to per-
sonal property is permitted To- vest SinIithe
mortgage, for the purpose of enabling him,
the more readily, to enforce his lien, and not
for the purpose of compelling him to do so,
Or lose his debt, in case the property may be
destroyed. And the Court, in this case, can
not hold, that the loss resulting from tie
ema aacipation of the slaves shall fall upon.t:ae
mortgages, merely because they failed to en-.
force, with haste, one Of their remedies for
the payment Of their bond, when the lnortga.
gor might, at opy time, after the purchase,
have sold the property and paid the mortgage
debt. ''
1t is ordered aud decreed; that unless the
now due on the. said bond, and
all the interest that is due, it being computed
according to the term, of the bond, be paid
on or before the fist day Of February neai,
that the said defendants do stand absolutely
dcbarred and foreclosed of and from all oqni.
ty. of redemption, Of and in the said r,ortsng.
el premises aud that the Commissioner DO
sell the Fort Hill plantation, o,fthe first Mon.
day in March next, or such other time rs may
be agreed upor, by tns, parties at Pickens
Court; House after giving, a, least, twcnty.one
days public notice of the sale, 70 the highest
bidder, on o credit till the frs: day of Ma
vember next, the purchaser 10 give bond and
two OR more good sureties-the title deed TO
be sigued, but not delivered, tll-thcpayrrent
of the purchase mouey-ssd if the money be
not paid at the time it becomes due then that
the said plantation be re-sold, on Saledayia
December next, after the usual notice, to the
highest bidder, for cash, at the risk of the for
mer purchaser.
Its alse ordered, and decreed, that the
creditors of the estate of Andrew P. Calhoun
be epjoined from institrting suits at law,
upon tteir. claims against the same, and that
they he required 10 come in before the COM
and prove their demands against
the said estate, on or before tho first day of
April next, and that the Commissioners will
give two months public notice to creditors
that they will be required to do the same.
And it is also ordered and decreed, that
the question Of embemen;s and all other
questions madein the pleadinys and no, de-
cided in this decree, be reserved until the
coming in Of the Commissioners repoIt,- aid
that he do report, thu amounts due ty the
estate Of the iasestate, with leave 80 re1~rt
any special matter. -
tWM d JOHNSON
December Is. 1866. 80
An appeal in this cast aas been taken from
the Chancellor's Decree, and quite likely lie
result may be looked for in May< next at
which time we believe the Court of Appeals
will be iu session.
S A WeH street operator gave .hiu wifss
Christmas diamond sesworth $4,000. 3s'.
gg>A Wisconsin tficial who had artes'ed;a
couple of rascals, was riding with HIS prisoners
when aprairic' chicken made its appearanee,and
the officer drew his revolver and fred two OF three
shots ut it. 0ae of the. prisoners suggested that
bs conld do bctter and Che rernlyer was har,ied
over to him. Tho prisoner, however, 1iidsnot try
his skill on the chicken, butpresen,ed the slont-
.;np.iron at the officer and "baeked OFF, len, ing