The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-10-18

nized BY the very same court IA number Of
earlier cases. (See Barton vs. Bryant, Ind.
R., 189, McNaughton vs.. Lamb, ID. 642;
Butler vs. Jaffray, 10 Ind. R., 511.)
The conclusions that have been reached In
this case are the followingi
1. That, as between creditors by Judgment
or decree and creditors by specially or simple
contract, creditors by judgment or decree are
entitled TO preference IL payment out Of
the proceeds OF o sale OF an equity OF re-
demptlon AFTER paying on the specific liens.
Q. That, as among creditors by Judgment
or decree, the creditors are to be paid accord
Ing 10 their respective priorltlcs.
3. That, II there be surplus, creditors BY
specially and creditors by simple contract
are TO DO paid pdri passu, without regard To
dignity or priority.
In case wherc the fund Ia, or rather re-
semblcs equitable assets In the stricter sense
that Is, "where you raise assets where there
were none at law" as In Law vs.. Law, and
Moore VS.. Klrk-it might, perhaps, be plau-
sibly argued that, although Judgment cred
itors have preference over those by bond or
simple contract, yet, as among themselves,
the Judgment creditors ought to take pdri
passu. But that Is not this case.
Upon the present audit the simple contract
creditors there are no specially creditors)
have not asked TO be hea I'd. In relation to
thelr right to participation In the fund, or
the nature and extent Of that right. An ex-
ceptlon, however, was taken by the defend
ant to so much Of the special auditors former
report as enumerated the simple contract
claims among the debts for which n sale Of
the real estate ought to be decreed. But as
the simple contract creditors will be excluded
at all events, whatever may be the decision
OF the court upon the question raised by the
junior judgment creditors, II has not been
deemed necessary 10 discuss the question
that might have been raised by the former,
except so far as II ls Incidentally involved In
the adjudicatlons already cited and tho rea-
soning upoE which the foregoing conclusions
are based. With regard to the defendants
exception to the allowance of the simple
contract claims, 1t may be remarked, In pass
Ing, that, to some extent, he is estopped by
his admissions.
The court then adjourned until Monday
next.
ORPHANS CouRri-yudgs P,iresK-ThIs
court was occupied as follows on Saturday,
LAST WILLS.
The last will OF Robert Ratrle, partially
proved on the 18th Instant and reported on
that day, was fully proved.
The last will Of Sarah Moore was filed for
probate. The testatrix bequeaths 10 her
sister, Elizabeth Kuntz, a lot In square 377,
on +, between Ninth and Tenth streets. with
the frame tenements thereon, to the sole use
OF Mrs. V. Dlngle, part Of lot IS, In square
400, on Ninth street, between NJ and N
streets. For the care Of an afflicted brother
Orchard Burch) she bequeaths an income
arising from lot leased to Brett & Sons.
To Mrs. Elizabeth Tate she leaves the above
property, subject to the charge aforesaid;
to Father j. A. Walter she bequeaths 5000;
TO the male orphan asylum OF St. Vincent
800; to the female asylum of St. Vincent
The last will Of Philip Powell was filed
aud fully proven. The testator gives lot SO,
In square "a, to bis sisters Fanny johnson,
Eliza Ferguson and Patience Peasants.
WILL DISPUTED.
Catherine Polk filed petition asking the
revocation OF the will of Samuel Warren,
and citation to the parties interested were
ordered.
ACCOUNTS.
The lnal account Of W. J. Smiths admin
showing sl4.37 balance; on the final
account OF James Manfrcd's executor, show
Ing Sl33.43 balance, were filed and approved.
The argument In the case Of the will of
Bernard Glverny, In which 1t Is contcnded
that a bequest made to one party was in
tended for another, and that the Christian
name was changed by mistake, was con-
cluded.
Adjourned.
CRIMINAL CoURT-Jiidgs Fisher. - This
court concluded Its June term on Saturday
after transacting the following business:
Robert Lee, convicted on the 2Sth Of July
last of assault with intent to kill Washing
ton Howard on the 30th Of June last. In
this case Mr.. Vashon filed motion In arrest
Of Judgment on the ground that the indict-
ment did not allege that the assault was
''feloniously" made. Judge Fisher overruled
the motion, whereupon an appeal to the
general term was prayed and allowed.
Lewis Simms, convicted of assault and re-
sisting Officer Abraham Dyson, on the 9Th
OF October, was sent to Jail for two months.
John t. Key, a colored boy, twelve years
Of age, convicted Of larceny, having been
10 jail since May last, was ordered to be dis
charged, there being no proper place for his
Imprisonment.
The court then closed Its June term sine
die.
FATAL ACCIDENTAL colored man named
Daniel Harold, who, with other laborers,
were engaged on the work of constructing
the sewer In Twelfth street, near II, was SO
seriously injured BY an embankment falling
upon him as to cause his death within an
hour or two after he had been extricated.
While In dying condition he was conveyed
to his home on L street, between Eleventh
and Twelfth streets. Harold was formerly
n slave in Georgetown, and was known to
many OF our contractors as an honest and
industrious laborer. He will be buried at
the expense OF the contractors OF the sewers.
The New YORK REPUBLICAN A ssocIArIos
held meeting on Saturday evening, the
president, Hon. A. NJ. Clapp, In the chair.
Inc committee on transportation reported
reduced rates Of fare on the following routes,
viz, Washington to Elmira and return,
$9.70; Washington to Canandaigua and re-
turn, $ll.75; Washington to New York and
return, S1O.66; Albany or Troy to any part
north on the Rensselaer, and Saratoga rail-
road, half farci also, tho Like Champlain
steamers.
j. l.. Lake, esq, will issue certificates at
his office, room 3S, Sixth Auditors office,
(post office building from 0 to 3 o'clock,
and at his residence, 800 L street, between
Second and Third, at all other hours.
vote OF thanks was rendered, upon mo-
tion OF Mr.. Lake, to the Baltimore and Ohio
and the Rensalaer and Saratoga Railroad
Companies for their willingness In reducing
the fare to those going home to vote.
THE GEORGETOWN REPUBLICANS. Tho
differences OF opinion which have existed for
sho pctwccu tue TWO hepuDllCnn aBSO-
Citations OF Georgetown are about to be set
tied, and committees have been appointed
TO bring about union of the antaeonistlc
elements. On the part of the Grant and
Colfax club, Messrs. VIM. M. Smith, c. +,
Mosley, q. +. Coakley, j. d. Roe and James
A. Grant, and on the part of the Republican
club Messrs. Alfred Doyle, Adophus Hall,
Isaiah Lemon and W. II. Dadc have been
lppoiptcd the committees.
SHIPMENTS OF CoAL.--During last week
.he total plumber of tons of coal shipped
from Georgetown to points North was II ,297
.ons, shipped as follows: By Borden Mining
Company, 1888 tons; Consolidation, 2, 400
.onsj Cumberland, 1900 tons and from
Rays docks, 1894 tons.
MRs. Born, 303 Twelfth street, will &C.
,ommodate few more boarders. Full board
$3.50; table board $3.50 per week.
A coAcHMAS, chambermaid and steward,
we'll recommended, are wanted at the south
last corner of Fifteenth and II streets.
LOCAL NOTICES.
Both ALLoPATHIo AND HOMEOPATHIC
physicians agree In opinion that UofT7s Malt