The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-05-30

An IMPORTANT ORDER FROM GENERAL CANDY.
We publish below On order from headquarters, In
reference to which there considerable talk on the
street yesterday. There was rumor that General
Candy had annulled all DEGREES made by our courts
during the war Later in the day we were told that
such was not the case that the order only had refer
ence to special case, and was of no more signih.
canoe than hundred other orders that had been pro
cured from headquarters at the instance or mportu
nifty of interested individuals. When, ut last, at
late hour We obtained copy OF the order ITSELF we
found that the first was in the main correct 1t
il true Col Dennis in his opinion, does not rest MS
case on the illegal character Of the courts OF hostile
government but deems 1t necessary to fortty his ar
gument by showing that the decree in question
should not be executed, 1t was contrary to para
graph III, General Orders No. !. SILL, II the trst
reason mentioned is to be considered principle for
future decisions We shall have no end Of litigation
The few solvent men in the country will become
bankrupt Strife, heartburniDgs and endless law
suits, will Inevitably arise from it. and nobody viii
be benefited by it at ALL save the lawyers and the va
rious feed officers of the courts:
JUDGE ADVOCATES OFFICE,
CHARLESTON, s. c., May 8. 1885,
Lieutenant Louis r Caz,are, Aching Ass'fant Aa'
jttant-Generdl:
Sra The pspers relating to the case Of the Mutual
Benefit Loan Association against Edward muK,nson i
in equity, Charleston District, are respectfully re-
turned:
The mortgage was executed In 1858 to secure
loan. Default having been made IN the payments,
the plaintiff foreclosed in 1851 and decree OF sale 70
satisfy the whole dcbt was rendered May 2Sdoi tnat
year. os
The sale never took place; and on February 70,
1867, the decree was renewed ~ MI: Cnancenor
Leaesne, who ordered the sale WHICH 'S no" ao'ef-
tised.
Oppressive, unjust and unusual, pray stay OF pro-
Stav having been Ordered the Master reports that
1They q, e as follows In the advertisement: "sufi'
cient cash to pay the debt to the complainants
and the Costs the balance IN one ana tWo years ne
the premises purchaser to pay taxes and ior papers
and stamps"
necessary to consider these terms OF sale, mas,
uuoh as the sale would be contrary to la~ and
LIST II is not In the power Of any tribunal OF the
present Provisional Government OF s. uth Caronna
TO confer validity upon an unexecuted Judgment
rendered by court Of hostile pretended sovereign:
ty which existed by virtue Of armed rebellion against
the United States; and this renewal OF decree rem
,lered by q public enemy, cannot operate 70 leho
legal sanction, such as can be recognized oy tne
United States military authorities, to the pending
foreclosure, nor to any unconcluded proceedings
thereon.
accrued sinca April 29th 1856, Is suspended by Gem
eral Orders No. 1884, in the last clause OF the modn
cation Of Paragraph III, Of General Orders No 10.
the true intent and meaning Of which ciauseas un'
darstnod nv fhis' office when taken in connection
with the tenor Of the preceding clauses, cannot be
construed to authorize o sale at this time under
foreclosure, otherwise fully perfected during the
war. ,,-
ont preiudice to new suit OF foreclosure.
Very respectfully, your obedient servant
tSigned) f ". DENNis,
Judoe Advocate Second Military District