The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-05-22

MERCHANTS ExcHAsdE.- was
slack yesterday, only about 1850 bushels Of
wheat being offered, with no sales.
rBE COURTS.
SurRRNE CouRr-9ENERkL TkRN.-All the
Judge. sat in bane yesterday and were occupied
The United state, vs.. Henry summer, .AP.
peal In q forgery ease, the nerits Of which
- we're reported ys..sesd.S Jusdmsn' below
Shoemaker vs, Psai ct al. Appeal in an se.
tion Of ejeotment for house 10 Georgetown.
Argued some weeks ago.
court, oycfruiiug the adSl,ston BY Judge
Cartier Ia the case below Of certain letters,
so, tending to show that = gift of the prem.
!. nss SssS made S o. fss
PENDANTS had occupied the house Hereunder
more more than h.,a twenty Year, The majority Of the
equitable right to possession on the part Of
the defendants, aud therefore WAS not admis-
stele evidence In an action Of ejectment.
question was whether an upexeeuted donation
OF real estate can be enforced In law, and
whether the fact that one OF the parties has
ss to take II out Of the statute OF frauds and
petjuries and estop an action OF ejeetment, In
this ease the jury found that It was uader these
went into possession. He had decided this
case below, In admitting the evidence OF these
facts to 90 to the jury under the doctrine which
Mee3es. He understood the decision In this
case to be that an equitable title under con.
tract was defence at law, and that an equits.
to destroy the equitable right Of possession In
party out OF possession, could be used 10 q
court o. law-thst party In possession, with
defence at law, no viewer that equity may arise.
Ithis were so thea II surely would have bee q
an anon siyto.sdait the defendant right touss
b.: e. and ys no, .0S sI I.
He, however, thought that he had erred below
| In treating the tenancy A. . tssaney requiring
notice asd n:siSs been rsSaissd a. nosss
.srs..y 70 the glsi1,i, claim, and no ao,is;
with The 6,S 1,iy Il .~srdins new ', IA
eision In Faunoe vs.. Nc Zee to be that an
| equitable title with present right OF possession
can be set up as a defence In equity,
The jndgment below was overruied and
TLEosARD HuroK REsRAsEp pRox CUSTODY
Judge Fisher salds In the case Of the United
court wsios heard that e.ss e are ' Of opiniSs
i that various errors were m ads By the court be
low, therefore they think that the judgment
give my views In writing on the subject to
| morrow or some other day.
Judge wylie said Judge DIN did not sit 10
this ease. dissent from the judgment Of tn,
court l think there was no error. hav,
carefully examined the decisions, and I an
satisfied that there was no error In any O
those ruiings I have been SO pressed with
my opinions, but I am the lees disposed to b.
| pertinacious In regard to this in consequence
ofn piece OF evidence which has been ex'
| hibited to the court since that trial, and which
had counsel for the defence known at the time
| Of the trial, would have altered the result.
know nothing Of this evidence judioialiy. bu
| / am satisfied, from that evidence, injustic,
was done In that case. l would have pre-
ferred that the consistency OF the court shoult
have been maintained, and the accused dis
denee Is = receipt TO Msury 4 Co., given b.
MeNsir, for the bonds, providing that b,
and no, a special one. and thu, !. Huyci
was = member and the general manager o
Msury Co., consequently the bonds were not
sss sssS, 81 sSsfSy By him This syias.ot
since the trial below. Under these eiroum
stances, inAsmueh as the m sjority Of the court
trial, without concurrins Ia their law con
Mr.. Huysk was accordingly reIea,ed from
custody and bailed In s2ooO-Joseph Brown
Rider vs.. Makepeace. Case before reported
Judgment below reversed and new tiial or
The court directed that the 10th rule In tn,
regulations for practice be altered so as tt
read as followsi
"Rule %. Motions and applications for spe
oial remedial writs OF quo wArrauto, msnda
mus, eertiorari and supersedeas shall be befor,
| one OF the justices at Chamber or In speciA
| term; but not until the bill or petition. verihe
p1iestion, has been aied and doeEetsd.n
The amendment consists In striking from tn
| old rule the power given therein to the gen
eral term to hear motions for the granting o
dissolution Of injunetlons.
Judge Cartier said he did not concur 10 tE
amendment. He thought that when man HI
~, 900 or go 900 tied up BY injunction he ough
solve II.
Adjourned.