Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-01-28

A MARRIAGE CoNsIDERATIoN-I 1858
John T. Neac, of the District of Columbia,
to encourage and promote the marriage of his
son, Benjamin j. Ncale as now alleged by
that son and his wife, promised and agreed
that if the same should be consummated, he
would, in consideration thereof, give and con
the son and daughter.in law, or to one of them
in fee simple to the end that with money then
belonging TO, or expected to belong to the
daughter.in law, they might erect thereon a
dwelling house, for their habitation and home. y
The complainants also allerc that, relying on
this promise, and partly 10 consideration there
OF, they internarried in September OF that year,
aud in part performance of his promise, the ia.
ther put them in possession Ola part ola lot,
and that at an expense cf about 81, 900 of the
money belonging to the daughter-iu law, they
had erected dwelling house thereon. The bill
filed sets forth the foregoing facts, and prays
that Nealc, senior, may be compelled to Spe-
c;tic ncrformancc o! his agreement to convey
the property. H..
The answer of the defendant stated, that
aware of the intemperatc habits OF his son, and
wishing 10 secure 20 his daughter IN law and
her children, money then in the hands ct her
guardian, and satisfied that ifit passed into the
hands Of his son, and was Invested III his busi
ness lin which he subsequently taled, 1t
,yonld he paced in jeopardy, ne agreed that Z
I,,eIIiay. house might be erected 90 the prem
;.es, providcd the son would abandon his mar.
itaI rirht to it, to which the son agreed, but
subsequently, violated his agreement by ::edu
cling the money to possession and lnVcsilrg II
in his business.
On the trial it appeared that the money OF
the wife, used in the construction OF the mouse,
! L tbo b,p Of hn husband.
and if was therefore contended by the defendant
hat the son having reduced the money to pos
session. il was his money, and that the money
hniIt the house. On the other side 1t was ur-
ged that the husband acted only as the agent CT
Ihe wife. and that, in equity the money 0cloh-
re1 TO the wife, although, in nont or fact, the
Husband received it from her guardian An1
:, wac uryed that inasmuch as it was agreed
nn ali hands before the marriage, that the w'ic $
money was to build the house, which, when
hui,t. was TO be her separate property 'ree
from interest or coutrol OF her husoan1' anu
that understanding having been carried out
the defendant should be directed TO convey
The lot on which it was erected
'rhe defendant submitted that this being Il
case of parol contract concerning lands, us
snpciic performance should be refused, because
rhi. terms of the agreement are too uncertain
tn he definitely determined ; and that II the hlll
IL sustained, the Judgment should be compen'
sat;on in damages instead OF specific perform
ancc.
anita and the case is now argued on the appear
or Nh, defendant before the Supreme Court OF
the u. S. Washington Republican.
THE WHALING BUSINESS IN lS69.-Ihe
whaling business Of the year just closed says
the New Bedford Mercury cannot be regarded
80 a success, although the catch has been an
average one, as the net results IN regard to the
nr;ces secured for our staples have hardly re-
ai;znl the expcctations formed in the early pal
Of The year The general depression IN ouSi
ness throughout the country, and the iall IN the
nr;cc Of gold duriug the last half of the year,
'.,nsrd 4 lcsscncd demand both at home and
abroad, accumulating stocks and reducing the
,ri,as sDrrm oil Wcakoniug as the stock IN
rrcascd and whale oil reccding on the news OF
, good catch by the Arctic fleet.
In the right whale fishery the Arctic meet
numbering iorty four vessels, made very sue
ccsslul catch late in the scason,ou the Ocho's'
feet, only six vessels. did very poorly ""l'
only one vessel was on the northwest coas''au'
she was uusucceSSlui: ,: o Lou
ever carried the average catch OF the Mort!
Pacific fleet up to q higher figure than t. tor 40!
,reyious season since 1883. VI the htty op.
vessels that went north, only one was lost. Z
new feature of the Arctic fishery the past Seasn
was a large catch O.! walrus oil. Ow'ng TO IN
scarcity of whales early in the season lhe "''aIe
men turned their attention to the wa'ruS' an
Il large quantity Of their oil was secured, "n'c
will account for the prcportlonato less amour
ut whalcbone secured by the ships.