Evening star., 1868-01-22
THE COURTS.

Court IN GENERAL TERN, CAi,f Jvstsc .
CdrtsSr pres.dsngi JIstsces 0stn, Wyite and fSst-
er-festerday, in the case of Echols ct al, VS..
Catharine Barrett, which was being argued
when our report closed before the court IN banc,
6y M thompson, Esq, for appellant, and r. =.
DAVIS for appellee. the decision of Justice
Wylie, of the court below, was affirmed, on the
grounds that although there might be sus-
plclous circumstances around the ownership
OF MRS. Barrett, yet there was no affirmative
evidence IN this case 10 justify court OF quity
in setting aside deed
On motion of r. s. Davis r. NJ Bratnev. of
Kansas was admitted as an attorney and coun-
sellor of this court.
Whitney VS.. Frisbie This is a bill for an IA :
junction, growing out of the celebrated Califor-
ma land case, which was reported in our record
OF the court proceedings in General Term, last
session. This case had been certified to this
court for final hearing from the court below,
anu from some informally in the pleadings in
regard 10 the title Of the Suscal grant, in Cali
lorna, II was sent on 10 this term. Mr.. Dick
moved TO set aside decree pro confeSSo yyhich
had been entered since last term, and also as sked
Tor more time wherein To file his answer. Gen.
Duncan Walker opposed the motion. The
Court, after argument by the counsel. set aside
the decree pro coEfcsso, and granted the time
asked for by Mr.. Dick
Lewis NJ. Graves was appointed county con-
stable by the court. Richard II. Trunnel re-
appointed and filed bond.
ORPHANS COURT. Jld0s PurceH.-Yesterday.
after our report closed, Rosana Korts qualified
a. admlnIstlatrix of J. Il. korts, giving bond in
the sum of S2,4OU: also a. guardian OF her chill
dren, bond S2,OOr
Final account OF the personal estate of John
Lange, administrator OF II. r. BorlaEd. was
filed.
IN Mary Ann Fearson's tate. On motion
OF r. W. Jones, the time was extended for the
return of the inventory of property until the
1lth OF February xt.
Io-DGg.-The first ease was Bird & Hepburn
VS.. Gunnell (McPherson Il Bradley land comes
up ON exceptions taken 10 the auditors report
IN the court below. Tins question is raised up
account. This case has been in court tor seven
ieen years. The account was stated by the for
mer auditor, MIR. Rsdln, and il Oh iected to
by the complainants' counsel. Mr. Mcpherson
when the account was sent back 10 the present
auditor, Mr.. Cox. who restated the ac-
count. and agreed with the former auditor
what was the profit, and how is il 10 be di vid q !!
The complainant (Hepburn) in this case, and
deis sndant CGunnell) entered into partnership
IN carry on the lumber business. Complainant
puts in 81 1866 their share of capital in sh
Defendant puts in lumber valued at S6.627 SO
Now the anditor finds the profits thus Sales.
SELL. II; purchases; s55,s!S;a3; expenses,
SI2.~11.16. Difference, S19,j93,3j; from which
deduct capital of both parties, S14.4G3.2i.
and a balance il left of S5i9H.I3. The COM
plamant contends that the cash capitaI
put III by them being included in the cash pur-
chases, S550U0 should not be- again deducted a
capital. The defendants contend that all the
purchases. the expenses, and the capital put i'm
amount of sales. The compliments also con-
tended that the auditor and defendants counsel
were both III error i'll deducting the capital from
The sales in order 10 find thu profits. H. con-
tended the profit was the differen between th,
cost of an article and the proceeds of sale
The Court affirmed the auditors report
The next case was that of the United States of
America, 10 the use OF John u. Mcpherson. ad-
EinlstratoT. q. LOaiS ntn, {. {. a., OF Timothy
Wmn. deceas, d.Vs. Thomas Blagden and Chas.
DE- Sslding. This suit L. brought To recover OF
The defendants, a sureties on rhe administra-
ton bond of ReDecca Winn. admmislratriX. the
sum of Si.4l.5l, tor the use of J Ohm ID. McPher-
son, who succeeded Rebecca Wmn a. admins
TatTlX Il. 1. IT,. r. t. .. Rebecca Winu, ii appears.
as administrators, collected from the Inited
StaICs The above sum of money rs part OF the
personal estate OF Timothy Winn. de-
ceased. for which Sh" failed To account.
She diving. John ID. Mcpherson was ap-
pointed admins traitor n. u. R.. .. t. a.. and
the sued her bondsmen for the amount.
HI. defendants d'mns TO the above facts set
forth in the declaration. and deny that Mr.. Nc
Pherson II entitled 10 receive said money IT. al
legged. Also deny thai he. said admnistra-
roI. hath sustained injnry, and argued that the
admins traitor. d. b. H.. cannot Recover any
SETS. " hiCh the original administrator hath in
ANY way charged, and quoted chap. 1O1. sub.
chap. :. of the Maryland tnStamcnt;irv act OF
H. &c. Mcpherson ana Applrby tor COM
planants. Kennedy X Webb for defendants.
EorITN CoVRT. .Tusijc, Hyli.-Ee>terday-
Gibson ". Brady Order passed tor hearing
III" Injunction bill on the 2Ist inst
McAllistrr W. McAllistor. Order confirm
ng trustees sale and Tcfer"nc" Ia auditor.
Collins ". Collins. Order appointing l.. Il.
traW fora guardian al ntsHa.