The national Republican., 1867-07-10
aatinnal grpablitau.
THE COURTR.

TEE COURTs. -
Eeurrt .Couar--Chif Justice Cartier.
The sssrt nst at 10 o'eloek, and transacted
IL fQTowing business: rH.
wi MoCisllan, ct al, 70. Gregory, q al
This Is an Application ~ the plaintiff for an
injunction 70 restrain the dsfsndant from selling
to-day, % advertised, lots and improvements In
square Q, valued at $50, ,ooo In sceordancs with
q decd Of trust. The bill ofths complainant sets
forth that the deed Of trust under which ths
sale d advertised, was 10 secure note Of $1o,-
900. and that said note vsgiven to one Clark a.
. basis upon which 70 raise money for Morgan
and Rhinshart, bat that, In het, ol.rn nsysr
the deed, bat advertised the property for sale on
the 10Th day Of July. Ths oomplainants ask
that the sale be stopped, and Clark compelled
10 surrender the deed and note.
The defence fled the afhdayit Of Mr. Fuller,
setting forth that, In 1865, he sold TO Messrs.
Morgan and Comstook, msmbers Of the hrm Of
Morgan, Rhinshsrt a Co, the steamers Beau
fort and Kalorams, that the notes given as the
price Of these steamers were not paid at mAtu-
rity, bat other notes and ohscks were given TO
SECURE An srtsusion, portion Of which notes were
transfsrrsd TO Mr.. CLARK, and By him negotiated,
bat never psid; that II Was TO secure the amount
Of thsss notes, and Interest, for which Judgment
On sstaehusnt had been obtained in Baltimore,
and which amount 10 about $23, $50 50, that the
note OF SIS, 900 and the deed Of trust were givon
II sppsarsd also that, IN February, 1857, Nor.
gan and Rhinshsrt made an assignment for the
bsnsAt Of their creditors, certain Of whom are
prsfsrrsd.
The ease was argued BY Judge Hughes and
Judge Moore for the complainant, and Messrs.
Webb and Kennedy for the defendants.
1t vas Unlisted By ths defendants that tho
proper parties had not been made to the suit,
and that no injunction could be granted in the
.ntn AIsl L.. - u.
defendants; that the allegations Of the bill could
not be answered BY the anidavits Of outside
parties.
The Court thought that the proceedings had
not sufficiently matured to authorize action, and
at his suggestion, upon stipulation pcstpoulng
confederation Of the case was postponed TO give
time for the DESCENDANTS to hls their answers.
Sal. Turner W. James Steele. Rule TO show
osuss for oontsmpt. II appeared that the dc.
fsndant had removed certain property which he
had been snjoined to let alone, from the corner
Of L street south and II street, TO Georgetown.
Stssls fled bis answer, stating that the goods
had boon removed under misapprshension, and
that he stood ready to obey tho orderof the
Court.
The Court thought tho contempt purgsd, and
ordered that, upon the restoration Of the good
and the payment Of costs, the rule be di,
4il. Brown vs.. Curtis. The report Of Commits
sioner Brewer Of Q sale In this cause referred K
suditor.
s7s strsb VI. streb. This IL petition for
divorce leave granted to take testimony befor,
b. @. Brown. H..r
.-pss. Joyos Vs. Boss Of a. Leave granted TO fl,
=. an amended bill scrivenor vs.. Powell. ]. j
johnson appointed guardian OF Item to W
6crivsner.
e7e. Rapsrt vs.. Gsir. Father Alig appoint
I'd guardian oS Gtsm Of Louisa Thomas.
94s. M. @. Waite vs. s. Drury. william
Wilson, Thomas B. Entwisei, Jno. G. Harknsss
this suit 70 make partition Of the estate Of Lewi
v. Vans deceased.
Ii0e. Kibbsy ". csmpbsu. Sal. of lot |,
No. Q In square 4o1 for s33. 900 10 J. W. Jones
assigned 70 Jane Campbsll and confirmed, ant
eass referred to aaditor To distributs the fund
The Court thsn adjourned until this morning
ct 10 O'Clock.
ORPHANS CoURr-Judge Purcell.-Tht
court met yesterday at noon.
Margaret Hsiss gave bond as guardian Of Mar,
Nipaa, In the sum Of $500, with four bondsmen
VIM. Alfred King gave bond rs administrato
Of Thomas Halloran, in the sum Of $1,000, z
n. King and J. D. MoGill being bondsmsn.
Chas. 7. Irdslla gave bond as administrator o
Dorcas Calvin, in the SUN Of 5000, WIN.
Hicks and Jas. E. Williams being bondsmsn.
The will Of Samuel Deyaughn, late Of thi
TO his sister, Susan Brsyhsld, all his persons
properly the whole Of square 483, and lot ~ 4
square l76 during her life, with remainder /
her daughters. Mary r. Bray6eld, Catharine S
Harrison, and Martha A. Mitchell. Also, +
Rebssoa Brayfsld, east front Of lot 10 In squar
sfsj to Csthsriue Harrison the east front Of 10
IT In square 37s; TO Martha Aan Mitchell th,
west front Of lot IS, In square 378. To hi
mother he bequeaths $26 per month out Of tn
real estate bequeathed to his sister, or IS pc
month II his hster will provide for her to hi
brother, John Dsvaughn, he gives lot D IL
square 5l7, lots and S in square 1855. To hi
brother, WIN. DeVaughn, In Alexandria, he bs
qussths lot In square l, ,095, lot In square 677
lot in square ~, lot In square 129, and 10,
B, Q, D, Y, and @ In square 43, and house an
lot en- Henry street, in Alexandria. He sI
points DR.. Alex Mcdonald Davis his execute Of
Ths viii bears date the goth OF April, 1851.
The court theu took up the Pearson will cas-,
the application being for . revocation Of letter
tsstamentsry formerly granted. 1t was ooi
tended for the petitioners that Mr.. samu,
Fsarsou. Of Baltimore. had the legal right to tt
administration II the will was void, and that,
no notice had been given tho relatives Of the d,
ceased Of the time whom letters tsstamentar
would be issued, the issue Of such letters wi
either void or voidAble, and should be set asid
II wss oontended on the other side that II
words In the statute were, "the court may ri,
notoe, and tnls was merely directory and NJ
mandatory or compulsory upon the court.
~ Il was replied that whenever the word may
vas used in law concerning the administratio
Of Justice, or one In which the public or thil
persons have an interest, 1t 10 to be construs
to mean must"
This was admitted by both sides, and the arg,
msnt was then directed to the point, wheth,
the petitioners had such an interest in the lette
testamsntary as to require the word. ."msy''1,
be construed "must."
The court took the papers, announced II wou
render decision on Tuesday next and, at 81
O'Clock, adjourned until Saturday, at noon.
3. CRIMINAL CoURr-JUSE TERN-Chi
yHsties Caynu.-No business brought before Il
q court.
- WVrIHn NEIT0N IyITV VnLS