The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-01

COURT OF APPEALS, CHIEF JUSTICE DUNKN
PRESIDING. to adjournment the
court met at P. NJ, and announced its de-
cisions in the following causes:
VIM. T. Pearce us W. L. Venning. Whaley,
Mitchell & Clancy for appellant and simons &
Slmons for appellee. Appeal dismissed.
Testatrix had devised and bequeathed to the
appellee real and personal estate and pecu-
mary legacy, upon trust for the appellant and
his family, with power to dispose Of the prop
erty, real or personal, upon the request, in
writing, of the appellant, and to reinvest in
other property, real and personal, and the same
to make sale of again in like manner. The pc
cuniary legacy was received in bonds, which
we're paid and reinvested in other bonds, which
were ultimately paid in Confederate securities.
Held that the power of sale upon written re-
quest applied to the real and personal property
devised and bequeathed, and did not apply to
the disposition Of the pecuniary legacies.
J.J. Pope us. W. h: Chatee. simons + 81
mons and Mr.. A. G. Magrsth for appellant,
Mr.. Jno. Phillips and MIR. q. G. Memminger for
appellee. Appeal dismissed.
Plaintiff sold his house ut auction 9th Novem-
ber, 1864, for cash; defendant did not settle un-
til 9th December, 1864. The plaintiff was cap
t,red and held as prisoner Of war in the fall of
Savannah, on the Goth December, 1864. He
never received any portion ofpurchase money
which was Confederate currency, that had very
considerably deprecated from the time of the
sale to the time of the settlement. The settle
ment was made through the broker, in whose
hands the defendant impounded little less
than one-third Of the purchase money as an in
demnity against the possibility Of the wife's
dover. Held upon the evidence that the con-
tract was executed, and not executory; that
the plaintiff had constituted the broker his
agent to receive the purchase money and for
the terms of settlement. That an outstanding
possibility Of dover was Oh incumbrance on
the title which the seller must remove, upon
contract for the sale Of real estate; that the
ordinance of the convention of 1866 in relation
to ascertaining the real value of consideration
Of which Confederate money was the represen-
tative did not apply to executed contracts, and
that the captivity of the plaintiff did not revoke
or suspend the authority of his agent.
E. A. Roye us the Charleston Savings Insti-
tuition. MIR. McCready and MIR. PRESLEY for
appellant, MIR. Henry Buist and MIR. Thos. Y.
Slmons for appellees. Appeal sustained.
Held that when parties are very numerous,
whose interests are the same, some may file
bill in their own names on behalf OF them
selves and tho rest, without making all in the
same interest parties, provided interocutory
orders are made befons final decree, by which
tho others may como in by advertisement or
otherwise, and participate in the management
and carriage of the cause.
WI. Magrath us. the Bank Of South Caro-
lima and Agnes Calder, executrix. Opinion by
Ingli a. j.. Special orders were made and the
case referred to one of tie masters-oase held
over in this court. This case was fully reported
in The NEWS some days since.
Brown cs. Brown. Messrs. Campbell and
Scabrook for the appellant, Messrs. SImons and
Simons for appellees. Appeal dismissed.
Bill for admeasurement of dover against
executor and heirs of decedent, real estate sold,
dover assessed and paid, and surplus remain
inc in hands of Master. The Master on motion
of executor ordered to report to what purpose
surplus be appropriated. Creditor Of testator
OIL behalf OF himself and other creditors pcti-
ton to intervene, and to have fund in court
distributed amongst the creditors. Mode OF
proceeding approved and distribution ordered
by Chancellor confirmed.
/ Cohen ys. Haberlicht. j. Il. Cohen fot ap-
pellant and - for appellee. Appeal dis
missed.
This case involved tho impeachment OF an
award upon the ground, that the arbitrator set
forth tho la{s. upM which the award was basod,
and extended it to the adjudication Of matter
not submitted. Held that whilst these princi-
pies were acknowledged, the Ease submitted
upon tho evidence did not come within their
scope and range.
The business of the term being fully dis
posed of at 8. p. NJ, the court adjourned
sine die.
The Court OF GENERAL SESSIONS AND COM