Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-09-25


sion, because mans own act or accep-
tance stoppeth or closeth up his mouth
to allege Or plead the truth" Co. Lift
43O. By which we clearly understand that
when one has the misfortune to be once
estopped he can never speak the truth
again as long as he lives.
Christopher Saint Germain, of the Inner
Temple, a barrister of more extensive
knowledge in the laws of his country than
any one Of his time, who wrote in 1913,
Doctor and Student. a work which so
light, through the labyrinthian mazes of
Estoppel, Formedon, Uses and Trusts, and
Common RecoverieJ, and other kindred
beautiful subjects, that mind accus-
toned to legal Investigation can walk in
his ways as ono who has for his direction
a bldzed line through our pine forests, illus
trates and illumines the principle of
estoppel thus: elf the daughter that is
only heir to her father, will sue livery
with her sister, that is a bastard, in that
case she shall not be received to say that
her sister is bastard; in so much that if
her sister take half the land with her, there
is no remedy against her by the law. -
Page Sc.
$50, if A demises by indenture to B for
life and afterwards by fine grant the re-
version, the connusee shall estop B in
Quid .jatris clanaat, to say that A had moth
ing" 1 Rol. 368, L. 50.
$50, if woman sues, or be sued as sole,
and judgment is against her as such,
though she was covert, she shall be es-
topped, and the Sheriff shall take advan-
tage of the estoppel." Sal. 80. r. 1.
Rol. 369. l.. SO.
And as husband and wife are one, we
take it to be clear that the husband would
ho 1lu fo 01o al
rights, and this though the husband was
not party to the suit.
Note the serious consequences of Es-
toppel:
That Cox, in the case before us is estop
ped, is Sc too clear for argument"
But Mr.. Cannon says that Cox was not
party to the record in Cooke u.s. Cooke,
and SO is not bound by the estoppel. Mr..
Cannon knows little of the fexibility of
the common law, and particularly of its
adapting itself "in the present condition
of the Government and the Courts, and as
the process of the Courts is now control
ed" not only like the bark of tree to its
trunk. even though it be a gnarled and
twisted black jack, but of it's power to
throw out its antenna and feelers like
itself verything that is proper for food in
order to ''feed the estoppel."
4 party, according to Webster, is one
concerned or interested in an affair ? If
Cox is not concerned or interested in the
decision in Cooke US. Cooke, why is he
now endeavoring to avoid the effect of that
decision ? Qui hCeret in Hera, heret in
co1tice"
One whose acts give rise to lis pe,ade1as,
is party. and the doctrine of estoppel, by
the hexibility of the common law, applies
equally to him as to those who are techni-
cally inter partes
As had occasion to say IN the matter OF
Walton g. Jones AL, q feel that L have
heard all that can be said on both sides of
the question and if have failed to ar
rive at a correct conclusion, it is because
the power of Judgment with which nature
has gifted me, aided by lifetime study of
the principles of the law, does not enable
me to make legal deductions.
There is no error
Reade, Judge-Is William Cox dead ?
"In the midst of life we are in death" "
There is not an instant of time, but that
"Our hearts, like muff1ed drums, are beating
Funeral marches to the grave"
AS when the sun, in approaching the
gates of the morning, taps gently with his
tiny rays at window of Heaven, and sends
away the spirits of darkness, and calls up
the lark to his mathis, and gilds the
fringes of the clouds, and peeps over the
eastern hills, and thrusts out his golden
horns till he shows a fair face aud full
light, and perchance shines one day, often
under cloud, sometimes weeping great
and little showers, and sets quickly-so is
the life of man.
The Winter is full of storms and cold
and darkness the beautious Spring hath
octc md oh frnSto "a tapm
ing Summer is melted with heat, anu
burnt with the kisses of the sun, her besI
friend, and choked with dust; and the rich
Autumn is full of sickness, and ofttime,
the deadly asp is concealed in her golde ii
fruit.
Leaves have their time to fall,
And flowers to wither at the North wind's breath,
And stars to set but all,
Thou hast ell seasons for thine own, Oh Death -
In the garden of Eden, where our first
parents wandered hand in hand, bride and
groom, collins us. Collins, Phil. Ed 155),
with nought else to do, but each to strive
| in Joy to anticipate the desire of the other,
all things combined to charm the senses
and make glad the heart Here Adam and
Eve, both in natures sweetest garb, would
seat themselves on the banks of the beau
J tiful Hiddekel, which had its rise in Eden,
and watch it as it rolled down its golden
sands, and hear it babble with the onyx
and bdellium stones. and see it daily with
the lilies which playfully nodded, and ever
and anon dipped their lovely heads far
down into the stream as if playing hide
and seek >" and on the stream would go,
dancing to it's own music.
And then they would walk over beds OF
flowers, each encircling the waist Of the
other, with her golden curls thrown around
his neck to bind him more closely to her,
and as her tiny foot would press some blue
eyed violet, it would rise and bless her,
and the breeze would come and stooI
down and take it's fragrance on it's wings,
and fly on its way singing through the
trees. Thus they lived in world OF bliss,
"under the best government the world ever
saw"
In an evil lcur they disowned their allie
glance to Heaven and atorned to the ser
pent, and the result was that they both fell
William Cox was living under the best
government the world ever saw he dis
owned his allegiance to the United States