The home journal. (Winchester, Tenn.) 1858-188?, 1871-07-06
Orr Courts.
~CHANCERY COURT.

closed on Saturday last. Hon. w. p. HEX
crson presiced the first three days vof the
Court, trying many cases in which Chan
cellor Marks was iYcompetcht--haying
been Of counsel, etc. Several causes Of in
tercst were heard and disposed Of by Judge
Hlckerson. We would be glad to give 0
full report OF all the cases disposed of, but
want of time and space prevents.
One case of special interest was heard
and determined by Judge Hickcrson. This
was the case of C. G. Williams and Others
Us. John G. Enochs and others. The COM
plainants in this case were the heirs OF
Absalom Williams, decd. His land and
negroes were sold by Enochs, then Clerk
of the County Court, by order of said
Court, just prior to the war, and was
bought by various parties-the notes for
the purchase money falling due after the
war commenced, and after Confederate
money became the currency Of the coun-
try. The purchasers ofthe property paid
to the Clerk the amount of their notes in
Confederate money. The Clerk received
the same, under instructions from his
counsel, and being unable to pay 1t out
while it was currency, it was lett upon his
hands, and he prodnceG the money in this
Court.
There were several minor children Of
Ap. Williams, who claim that they were
not bound by the action Of the Clerk in re-
ceiving the Confederate Treasury notes.
Therefore they brought this suit, claiming
that either Enochs and his securities, or
the original purchasers. were bound to
pay them in good current funds for the
amounts to which they were severally en-
titled from the sale ofthe property in the
County Court. Judge Hickerson decided
that Enochs acted in good faith, and was
not responsible for any loss which may
have resulted on account of the deprecia-
ton Of the fund received by him as Clerk;
and that the purchasers having met and
paid off their notes at the time due, and as
required by the law at the time, that they
were no farther responsible. Therefore,
the loss mast fall upon the parties entitled
to said fund. This seems a great hardship
upon the minors, but, as the able Judge
remarked: This is but another instance
in which the misfortunes and injurious
results of the late war have fallen upon the
innocent" The Confederate money
question" Is presented in a new aspect in
this cause, and is one Of interest to the
Bar and the community. This case is'ap-
pealed to the Supreme Court by Williams
heirs.
Chancellor Marks presided the last three
days of the term, and disposed OF several
causes of interest. Among other things,
he granted an amended Charter to the
University of the South, under the late act
Of the Legislature confering power upon
the Chancery Courts to grant Charters.
Under this amended Charter given the
Trustees by Judge Marks, they have all
the powers of Il Municipal Corporation
under the laws Of the State. They are
authorized to pass such bylaws and Or
uiIIHilNSS az WV may SCS Ib tHS
limits of their domain to prevent introduce
ton of contagious diseases to prevent and
remove nuisances to provide water and
build water works; to lay out, improve, or
change streets and alleys; to have night
watch and patrol to regulate, protect and
improve public grounds; to prohibit gam
ing to prohibit sale Of liquors: and, in
short. to enact such laws as they may
consider requisite to promote the health,
morality and general prosperity of the
Institution and the city. They are given
the authority to elect a Recorder and Mar
shall, who are to have all the powers of a
Justice of the Peace and Constable, under
the State laws.
This, no doubt, will prove very benefit
cial to our neighboring and flourishing
little city on the mountain, and to the great
Institution that is being so speedily built
up at that place.
Chancellor Marks intimated that he
would have a special term of his court
within the next two months.
COUNTY COURT.
Monday, the regular Quarterly Term OF
the County Court, was held-Judgc Will
liams pr~esiding--and a large number OF
the Justices of the Peace in attendance.
Much business of interest was disposed Of
Among other things, u Committee, con
sisting of Glen. Arledge, 7. j. Jackson
and Jno. I. SLATER. was appointed to i'm
prove the Courthouse, and given discre
tionary powers in the premises. We are
sure our Courthouse will be fixed up
Now.