The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-06-11

cordine to law for nineteen days. during al
which time the defendants could have given
notice Of any dilatory motlon4 ley proposed to
make, and they have failed to do so. There Is
want of notice according to law, and want va m
Of authority Of law to grant the order to be
moved for without the service OF the grounds
and proof on which the motion Is made. No
summons or complaint has been served. An
execution on final judgment cannot be en-
Joined, even until hearing on the merits (pro-
debt, all Of which respectfully 0bjecting, we
submit. And are very respectfully,
Your Obedlent servants,
JOHN PHILLIPS.
JAMES B. CAMPBELL.
Major Corbln left by the night train for Co
lumbia four hours after sending his notiica-
ton, made his motion at IL A. M. the follow
ing day, and Judge willard granted an order
and servants, and Sheriff Mackey particularly,
J from selling said property until the coming in
of the answer in said cause, or the further or
der of the court having Jurisdiction thereof.
ANSWER OF THE EXECUTORS.
OF course Sheriff Mackey did not even offer
the property for sale after receiving the order,
which was served upon him on Sunday, June
9TH, or early on the following day.
There was nothing further done in regard to
the matter until Thursday last, when Colonel
John Phillips and Hon. ]. B. Campbell, coun-
sci for the executors, filed the following an
swer:
THE STATE OF SOUTH CARoLNA-CoURT OF
CHARLESTON CoUNTY-CoMMON PLEAS.
John Glbbon, George E. Gibbon, William L; Webb
Gibbcn, deceased, and Edward w. NJ. MacEey,
Sheriff or Charleston County, ads. the City
Council Of Charleston.
ANSWER.
The above named defendants to the plain
tiffs complaint answer
First. That John Gbbon, George E. Gibbon,
William L. Webb and Andrew Med. Brown,
executors of George Gibbon, deceased, did OBJ
tain verdict against the City Council Of
Charleston, on the ninth day Of March, 1870,
for the sum of forty-one thousand, FIVE hun
dred and sixty-three dollars and forty cents;
that they entered up their Judgment on the
eighth of April, in the year last aforesaid, and
issued their execution to enfore the payment
of the said Judgment.
Second. That the defendant, E, W. n. Mac
key, sheriff of Charleston County, in the said
State, did, in pursuance of his co-defendants'
direction, levy and advertise for sale oil the
right, title and interest OF the City Council OF
Charleston in the real estate particularly men,
toned and described in the PLAINTIFFS COM
plant.
Third That copy of the said execution has
not been lodged with the Register OF Mesne
CONVEYANCE for Charleston County, because
the purpose of the defendants Is to levy and to
collect their judgment debt, and not merely
to establish lien.
not subject to levy and sale under execution
to satisfy the debts of the City Council OF
Charleston;" they deny that there has been
and Is any dedication, custom or usage there
of which, by law, protects the property owned
BY the City Council OF Charleston from being
applied to the payment Of their debts. or TO
prevent Judgment creditors from levying on
and selling the same.
/. Because without admitting or denying
whether the premises at the northeast corner
of Wentworth and Meeting streets were or
were not purchased for the purpose of sinking
an Artesian Well, they do admit that an
Artesian Well has been sunk thereon, and
that Ia the process of sinking during the past
| (25) twenty-five years, appropriations of the
City Council has been made from year to year;
| and they say that to make said appropriations,
| the City Council went In debt, or lett unpaid
debts, and thereby owe and will not pay the
| debt to defendants and other creditors; and
enough to satisfy defendants judgment and
execution. .
Defendants deny that said premises have
been and are dedicated ITO public use for
the citizens Of Charleston because that in
fact the same are In possession Of one citizen
| for his private use and gain, and he excludes
the public use, allowing the use to such per-
sons only as pay or have his permission.
Q. AS to the alleged particulars of purchase
of the premises OF the northeast corner of
| King and Calhoun Streets the defendants do
not pretend to be informed, and they do not
admit the same to be true. They have under
| stood and believe that the City Council do in
| by exclude and prevent the pretended public
use, which they set up to avoid payment OF
| their debts.
:. Defendants admit that White Point Gar
| don is and has been used ever since its con-
struction as pleasure ground Tor the citi-
zens, for whom the debt to defendants testa-
| tor was contracted by the City Council; that
White Point Garden was at different times
purchased by and for their Debtors the City
| Council and citizens of Charleston as, and for,
a pleasure ground, and constructed at great
expense, and debts created or left unpaid for
that purpose and intent. But they deny that
thereby the same is exempt from being ap-
piled to the payment of debts like defendants
contracted directly for or debts LETT unpaid,
and thus, indirectly contracted for, the pur-
pose Of purchasing and constructing said plea
ure ground by the City Council for the citizens
OF Charleston.
And these defendants say that their judy
ment debt and execution is for money eXpend-
ed in the purchase, construction, improve
ment and beautifying of the White Point
pleasure ground. 1t is renewal In l84S OF
| loan in 1888 for that and like purposes
Fifth. And the defendants, for further de-
fence to the prayer of the complaint, say that
j if the facts and the law of the complaint
l (which are denied) were admitted to be cor
| rectly stated, they do not establish any suffi-
ciens ground for the Judgment prayed for, be-
cause that the sheriff, by direction Of defend
ant, has levied on and advertised for sale only
the right, title and interest, and no more, Of
the City Council, the defendants in execution
in the named premises, and if, as they allcge,
they have no interest, they can have no cause
of complaint. The purchase willtake no more
estate than the City Council have, and neither
can complain. :
the corporate name of the Incorporated citl-
zens OF Charleston. The debt OF the former,
lawfully contracted, is the debt of the latter.
The property of the City Council is the prop
erty Of the Incorporated citizens of Charles,
ton, and Is held for them and their use. The
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