The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-28
o. g. CIRCUIT COURT JUSTIOB
S.P. CHASE, PRESLDIEG.

The court opened at ten O'Clock yesterday
morning, Ohief Justice Chase and Judge Bryan
on the bench.
The court resumed the consideration OF the
case Of VIM. N. Howlandet al, vs. Thaddeus
Kelly. Bill for foreclosure. This was q de-
murrer on the part of the respondents for the
purpose OF masking Mr.. JTyey, the executor OF
the estate, party to the cause.
Mr. Lowndes was heard against the de-
murrer, and Mr.. Porter in reply.
. Tho Chief Justice decided that che executor
who had taken the bond was necessary party
in the case. The bond was taken BY Mr.. Jer-
vey as trustee or executor, and received for
the benefit Of the grandchildren of Mrs: Mon
efe1dt. The property was to be divided among
the children when they became OF age. That
event did not take place until the year 1883. I.
then became the duty Of the executor to divide
the estate. The proceeds Of the bond were
distributed because the executor had received
payment In Confederate money. The most OF
which that could be said would be that the
exscutoris accountable for the value OF the
Confederate money at the time it vas received:
II also appeared that the bond had been re-
ceived from Mr. Gray, Master in Equity, and
was secured by mortgage upon property on
King-street, and not as an Independent debt,
but pro rata with other debts. The object was
to obtain control Of this property for distribu-
ton, and to accomplish that, all the parties in
terested should be brought in before the court.
The demurrer was sustsined; the plaintiff to
have leave to amend the bill by iointure Of the
necessary party, and payment Of eosts Of the
term. -
. VIM. Eustis, ct al, vs. P. J. shand and VIM.
[ Bull, executors; James q. Baggett, ct al.
This case came up on demurrer for multi.
fariousness IN uniting Mr. Bsggett in he suit.
]. B. Cohen audJ B. Campbell, Esqs, were
heard for the demurrer, and s. Lord, Esq, for
bill Decision reserved.
Charles Richardson and J. P. Richardson,
executors of John P. Richardson, deceased, vs.
J. Motto Aston. Bill for injunction. Porter
d Conner and J. 8. G. Richardson, ESQ.,, for
tho bill; W. Aston Peipgle and Edward Mo-
Grady for respondent. Mr. Porter read the
bin, and Mr.. Pringle the answer. ]. 8. G.
Richardson and W. D. Porter were heard in
argument and we're followed by W. A. Pfingle
and Edward McCrady, Esqs., in reply. Decision
reserved. : 4
The case Of Eliza Manning vs. J. Motto Al
stoa was postponed to this morning.
The following cases we're called and argu-
ment postponed to this morning:
President and Directors Of the State Bank
vs. MeCres, sesright & Co. ct al. W. G. De.
ssussure. ESD, for the bill; John Phillips,
ESD, contra, ~
:. J.,H. Baldwin vs. O. A. Lamar ct al. Buist
4 Buist for the bin; Magrath & Lowndes
contra. vi
Caroline Carson vs.. Alexander Robinson ct
al MAgrsth & Lowndes tor plaintiff; Messrs.
,Rutlsdge b Young, McCrady b Campbell, O.
H. Sinonton, Esq, oontes.
The Circuit Court then adjourned. On the
bankruptcy side Of the court the following
business was disposed Of: =.
In ~ B. 8, Moore, bankrupt. Petition Tor
AnaI discharge. Williams & WillgIAs; Proc
tors for petitioner. The Regis&kh report
xss: tesd; conhzmed. snd. order u discharge
gfsnted 70 said bankrupt, individually and as
4 u -
: sa..isor 1'n - : tl,s - Is y... w..o, patti
.;aa.. - - - = ,.r.on. Tha Registr.r,a
rs,,or. 1000. "a. ~ eorsrmed. and dischsree
-. .s.,,s.t - 81 rst;t;one,. indiv;dnalIv md "A
n.,nhor. :, tbs ,.ts Arm a Moore. R.insy 4
n ~ 20
=, - w.,t;, arr.f,ono ~ yo,% q. "
N.,.a, 1890 q, rstit,onar .I.ms. r Wn.
H.,.. !, rs aa.ss.rS,rS. 'F.r,o. 3 Dnnc.n
n-ocenrs ,,,s a for r,at,tionsr jsmss 4. Hair. Of
IS-,,..,o,. nj, n,octor fo,IInatitioner.
NJ. p..,St-.r,. 1900. n tha .ho;va, c.ses
,,a.s - c1.er,n.s' and tha Juaoaa siynad
csr.,sc.ssi ~ arasrs 81 Anal disohsree: .unaer
ss., Of oomt =, - -.-,e -:
-. -, r.; Rnhs,;r. (, ohes.er. Melton a
x.n,n,s ,.o,t,-s. snr n,si;t;on.- pasa,rsd- to
70 Tnas.o,. lp.s;.,r.r s, ..ta . Anal bs.r.
- 100 .:,n.t -. eHll'ts1 -,
-, 80. nhsr,a. poN assonee. IN pa a =,
.p,,,,,.G AZ ns,t. Charles Roe ,s,;onse in re
y ~, M, 3 q. v.nsb.n .n,t;tion, for s.le
~ ~ sso,.;rtyi nl.v,o,n : .Tbomn.on nroctor,
q. s.t;s;sn.r. pss.-rsa - o. G.v.on 4
n..iss..- "a - Jsnort a. n: ,isn cra;;tora sster
..,,.s Nv ...;,nes
~ 80 I.m.s R.rrow tr,,.,aa in ram
a H0Aff6ur. Petition to 06tabll6h lien. u.