Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-04-25

\
| The great principles Of the social compact ana OF
| tue right administration OIL justice"
Aud yet this plaintiff in error, holding high ju-
dicial station under the Government OF the United
States, in violation of these great principles, known
everywhere lis maXims of national justice, hot only
| denied the respondent hearing III Ills COURT DuI
| on the very day on which he committed that JUL
cial act which the Supreme Court OF The Unllea
States characterized in the strong language OF Mr..
| lusiicn Swayuc, as ga blot upon our Jurisprudence
aud civilizations" he entered the order OF condem-
nation and sale upon twenty days notice, and him.
self became the purchaser al Il price SO grossly IN :
ADEQUATE as 10 shock The moral sense OF every nom
est man. .
| Andnow when the owner, who has been deprived of
his estate under The forms Of law by y judicial
fra,ld comes Into court Of justice TO assert his
ri, his in an action of ejectment against the man
who, acting as judge, denied him hearing IN his
court and entered decree OF condemnation and
sale oc his property, he is met by that very decree
OF condemn alton and sale, entered by his adversary
in violation of every principle OF law and national
iustice and the court is gravey asked TO instruct
:be Jury that tie decree of condemnation and sale
| thus obtained 'shas Invested the plaintiff In eject
m.ut of his legal title TO the nlopcrLv 10 controversy
| and that they must find for the defendant"
| The court properly refused this Instruction. The
| decree of condemnation eud sale entered under
| such circumstances was not valid for any purpose.
II was the mcrcst nuty. in the language Of Judge
| pr,nson in Bloom !. S. Bu"dic.., above cited, "thc
procccdinws were as utterly void as though the court
had undertaken 10 act when the subject matter was
not within It's cogniZance." This general principle
is not at all affected by the allegation of the order
DENYING a hearing that McVcigh was ga rebel, Inv.
Ing within the rebel lines" The Supreme Court
or The United States by its unanimous opinion I'll
| Wall. oG7, above ctcd,) has put that question for
ever at rest Kit is alleged that he (McVcigh) twas
in the position Of an alien enemy, and hence could
have no locas stimuli in that forum. If assalled
there he could defend there. The liability and the
Ii. MI rps n
| hlot mon our civilization and jurisprudence. We
canuot hesitate or doubt GU the subject. 1t would
he contrary to the first principles OF the social COM
| pact and the right admIui slraLon Of JUSTICE
| We are thereto Of OpiniUl that the SAID Corpor-
| alton Court of Alexandria did not err In refusing
the said ars instruction asked Tor by the plaintiff in
| error.
The judge then proceeded to comment upon
the second instruction asked Tor by Under
woods counsel, which, in effect, charged the
| inrv that McV eigh was Invested OF his title by
| The sale under the attachment suits aud the
deed of the sheriff (Undcrwoods wife having
been the purchaser under both tine cOnscatlon
sale and the attachment sale.
Judge Christian, upon this point, proceeded
10 say:
II is uldeniably tlIe, as contcndcd by the able
| counsel for the plaintiff in error, a general pro-
position, that sh9riiis deed conveying property
which has been duly levied upon aud fairly sold
under valid judgment rendered by court OF COM
pccnt jurisdiction passes the legal tllie 10 the pur
chaser But it is equally true that if The sale made
by The sheriff was laudulcntly made, and the order
of confirm alton of said sale procured By fraud
and the purchaser was party To that fraud, the
deed Of the sheriff will avail nothing for or against
the parties affected by it. These TWO propositions
arc both true they are independent Of each other
and stand well together. The proposition that
shc.i's deed sold under valid Judgment Of court
of competent Jurisdiction passes the legal title, is
as matter of course, subject to the qualification
that all the proceedings are regular and bo%n Fdc
and free from the faint OF fraud. If fraud be shown
either in the proceedings or sale, or in the judy
mcnt confirming the sale, the whole proceedings
are vtiated. The proceedings of a court of justice
establishing rights for liking liabilities must al
WAYS be founded upon the fact that they are carried
ont bona f,lc and without the faint Of fraud. II
fraud be shown the very foundation is poisoned ;
and all the proceedings are null and Uod Courts
of law aad courts of equity have concurrent uris-
dlclon to suppress fraud. If case of fraud be es
tabished the courts will set aside all transactions
founded npon il, by whatever machinery they have
| been effected and notwithstanding any contrlvancc
by which it may have been attempted 10 protect
:hem. 1t is irrelevant whether such machinery
aud continuance consisted in decree in equity and
purchase under it or judgment at law, or Of other
transactions between the actors in the fraud. Here
| follows n long citation Of authorities
"
Chicf-Justice, said ssFraud is an cxtrnslc coliatc
raj act which vitiatcs the most solemn proceedings
| Of courts Of justice In applying this rule II mat
tcrs not whether the judgment impugned has been
| pronounced by an inferior court by the highest
court of udicaure but in all cases alike 1t is com
potent for every COURT whether superior or INFERIOR
| to treat as a nullity any Judgment which can De
clearly shown to have been obtained by manifest
| fraud" In the language OF Lord Brougham, In INC
Earl of Brandon rs Beecher, s'lt is not an rregu-
hnro
It is that the whole proceeding is colusve and frau
duent that it cannot therefore be treated Us Jul
dcial proceeding. bnt mey be passed by as awaiting
nothing to the party who sets II up"
The court therefore decided that there was no
error in the court below in refusing the second
instruction.
Judge Christian after lengthy and elaborate
review of cases upon these points establishing
the principles above indicated, and after max
ing extracts from the volumnous dispositions
in the cause, to show corrupt aud trau'lul "nt
combination on the part OF Underwood, Cakes
Amcs, John B. Alley and others, to prevent
competition at the sheriff. sale and secure the
whole real estate of McVcigh TO themse yes at
grossly inadequate pil ice, concluded as follows:
ssThc whole question of frasd was properly sub
mlted to the jury. Their verdict is conclusive in
| the case, especially as etfort is made 10y the
plaintiff in error 10 contradict or explain the over
widening and unlmpeached evidence in the cause,
and the court not even asked to set aside the
verdict of the jury us contrary ia the evidence
The court is of the opinion upon the whole case
that the judgment of the Corporation Court of the
city of Alexandria should be alrmcd.'
| The case argued by MIR. Beach, OF Alcxan-
dria, for Underwood and wife, and by MIR. John
Howard and James Alfred Jones, Of Richmond, for
Mr.. McVcigh
FEARFUL FALL-WONDERFUL ESCAPE -
There was an acrobatic performance yesterday
afternoon at the corner Of Baltimore and l1olll-
day streets, which far exceeded anything that
has ever been witnessed at the circus y man
was engaged in putting lightning rod on the
large five story building owned and occupied
by Mr. George II. G. Neal, dealer, in dry
goods, and was standing on a rope ladder,
which was suspended from stout cable fasten
ed to one of the chimneys on the opposite side
of the roof He was probably ten feet below
| tho cnrnicn and sixty or seventy feet above the