The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-28
U. s. CIRCUIT COURE-CHTEFJ JUSTICE
81. CHASE, PRESIDING.

III
morning, Chief Justice Chase and Judge Bryan
on the bench.
The court resumed the consideration Of the
case Of VIM. Nj. Rowland ct al, vs.. Thaddeus
Kelly. Bill for foreclosure. This was de-
murrer on the part OF the respondents for the
purpose OF making Mr.. Jervey, the executor of
the estate, party to the cause.
Mr.. Lowndes was heard against the de-
murrer, and Mr.. Porter in reply.
The Chief Justice decided that the executor
who had taken the bond was necessary party
in the case. The bond was taken by Dir. Jer-
vey as trustee or executor, aud received for
the benefit Of the grandchildren of Mrs. Mon
eieldt. The property was to be divided among
the children when they became OF age. That
event did not take place until the year 1865.
then became the duty Of the executor to divide
the estate. The proceeds OF the bond were not
distributed because the executor had received
payment in Confederate money. The most OF
which that could be said would be that the
executor is accountable for the value OF the
Confederate money at the time it was received.
1t also appeared that the bond had been re-
oeived from Mr. Gray, Master in Equity, and
was secured by mortgage upon property on
King-strcet, and not as an independent debt,
but pro rata with other debts. The object was
to obtain control Of this property for dstrbu-
ton, aud to accomplish that, oil the parties in
terested should be brough ht in before the court.
The demurrer was sustsined; the plaintiff to
have leave to amend the bill by jonture Of the
necessary party, and payment Of costs Of the
term.
VIM. Eustis, ct al, vs. P j. Snand and VIM.
I. Bull, executors; James 81. Baggett, ct al.
This case came up on demurrer for multi.
fariousnsss in uniting Mr.. Baggett in he suit.
J. B. Cohen andJ B. Campbell, Esqs., we're
heard for the demurrer. and s. Lord, Esq, For
the bill. Decision reserved.
Charles Richardson and j. P. Richardson,
executors of John P. Richardson, deceased, VS..
J. Motto Alston. Bill for injunction. Porter
Conner and J. s. G.. Richardson, Esq, for
the bill; W. Aston Pringle and Edward Me-
Grady for respondent. Mr.. Porter read the
bill. and Mr.. Pringle the answer. j. s. G..
Richardson and w. D. Porter were heard in
argument, and were followed by w. A. Pringle
and Edward McOrady, Esqs.. in reply. Decision
reserved.
The case of Eliza Manning vs. J. Motto AL
ston was postponed to this morning.
The following cases were called and argu-
ment postponed to this morning
President and Directors Of the State Bank
Saussure, Esq, for the bill; John Phillips,
ESQ.,, contra.
J. II. Baldwin vs.. @. A. Lamar ct al. Buist
G Buist for the bill; Magrath & Lowndes
contra.
Caroline Carson vs.. Alexander Robinson ct
al. Mag1ath & Lowndes for plaintiff; Messrs.
Rutledge & Young, McCrady & Campbell, G..
h. Simonton, Esq, contra.
The Circuit Court then adjourned. On the
bankruptcy side Of the court the following
business WAS disposed Of: ISL.
In re r. s. Moore, bankrupt. Petition for
final discharge. Williams & Williams, proc
tors for petitioner. The Registrars report
was read, confirmed, and order OF discharge
granted to said bankrupt, Individually and as
survivor ss:zz 77:.77o1 o1 q tsiho firm.
In re b. s. Moore and James Mason. Peti.
TONERS in propria persona. The Registrars
report was READ. confirmed, and discharge
granted to petitioners. Individually and as
members Of the late arm Of Moore. Rainey d
Co. al .4
In re Martin Armstrong, Of York. r. W..
Clawson, proctor for petitioner. james r, WI
taIns, OF Spartanburg; Farrow d Duncan,
proctors for petitioner. James 3. Hair, o:
Lexington; y. Fair, proctor for petitioner.
The Registrars reports in the above eases
were read, confirmed and the Judges Aligned
certificates of orders OF Anal discharge. under
seal or court. -h
In re VIM. NJ. Robbins, of Chester. Melton q
Mo clure. proctors Tor petitioner. Referred 10
WI. awson. Registrar, to take fnal hear
ing and report. ..~ @.at-
Kx parte Charles Bolt. assignee, Il, re 8. l..
Pryor; ex pafte Charles Bolt, assignee. in re
w. II. Roy, 8. 8. Vaughan ,titions for sale
OF property. clawson Thompson, proctors
for petitioners. Referred to w. J. Clawson,
Registrar, to report 40 to lien creditors after
notice by assignee. %. &
Ex parte James Farrow. trustee, in re M.
8. Macarthur. Petition to establish lien. d.
r. Duncan, proctor for petitioner. Referred
to W. ]. Clawson, Registrar, to report after
notice to lien creditors by assignee. NY
Elk parte Edward McCrady, in re Thec.
Stoney. bankrupt. Return to rule ON e. Mo-
Grady, why he has mot complied with order OF
sale. Ordered that it be referred to J. @. Carr
penter; Registrar, to take testimony, with leave
to report any special matter.
Ex parte David q. McIntosh, bankrupt, in
re Eli OdoIn. Petition to establish judgement!
A. T. Smyths. proctor for petitioner. On hear
ing the report Of the Registrar, it was ordered
that the same be CONFIRMED, and that assigned
sell and hold proceeds subject to the ordar oi
court, and that he give notice to lien creditors
Of bankrupt OF the tinas and terms OF said
sale. aks.3 7~ni aa-sH
/ In re- Martin chspin. in his individual ,a-
pacity, and as survivor Of Summer q Chapin.
The Judge approved Of the appointment o,
John T. Peterson as assignee. .a9
The roll of the petit and pleas jurors for the
Circuit Court will be called at ten O'Clock this
morning. esn
VERY SUDDEN DEArH.-Mr. John Mehr-
tens, who died very suddenly on Wednesday
afternoon, OF heart disease was 4 native of