Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-03-07
An Interesting Law Case.


WHICH THERE Is A DEED OF TRUST.
Yesterday, in the Circuit Court, the case of
Eiten, trustee, against Dunn was tried-C. S.
Bundy for plaintiff and H. T. Taggart for de-
PENDANT. The facts in the case as set forth in
the papers are as follows The defends ant was a
resident and business man in this District and
Va, with goods, and ke failing to naV, Dunn S0,
entered suit before a justice and attached GER
tain goods (horses, wagons, &C., in the posses
property was under these proceedines sotI,
The plaintiff enters an action of troyer against
Dunn for selling the goods, laying damages at
deed Of trust dated October Sd. ISL, executed
by Reed to him to secure a debt of s35 50 due
Judge Winoughby; which deed was executed in
this District before commissioner for the state
Of Virginia, and was taken to Stafford county,
Va, where the property was at the time and
recorded there February 9th, 1872. There was
provision in the deed TO the effect ssthat said
Reed is 20 have possession of said property. but
Is not TO remove the same from said estate ex-
cePt by at the time replacing such property so
value, or by Immediately applying the proceeds
thereof and paying over the same to said VIII
loughby in payment Of said debt" Reed, with
the assent OF Judge WIllOughby, in july Is72
brought portion of the property covered nv
the deed into the District and another portion
IN November. The admission of this deed was
objected to BY the defendant for the reason th AZ
the contract having beer made in this District
the deed ought, in the first instance, to have
been Acknowledged and recorded here in com
the deed itself contained a clause which would
enable Reed TO defeat its provisions, and was
therefore void as against his creditors. The
court held that tnssmuch as the deed had been
executed and recorded in compliance with the
laws OF Virginia, IL must be admitted. As To
whether II was void by reason of the provision
above quoted, while the court had some doubts
he would allow il to be read.
Judge Cartier, in his charge to the jury said
tnst the deed was to be taken as evidence Of a
right OF property in the plaintiff. The Jury re-
turned a verdict for plsintif for 500. A mo-
ton was made Tor q new trial.
ANNUAL CoMxxNcEMEsr MEDICAL Dr.
fARTMENT, HOWARD UNIVERSITY The
fourth annual commencement exercises of the
msaic Al department. Of Howard University
Church, corner Of 10th and streets, In presence
OF large. audience. AFTER a voluntary on the |
organ, Rev. Mr.. Hinckly, of the Unitarian |
lessor Langston introduced Professor G.. 3.
Palmer, NJ. D., who delivered an able address
which was listened to with great interest by the |
graduates. He eDjoined upon them to become |
masters Of their profession. Abiding TO the |
homeopathic system Of practice he said he did /
nc, believe the theory was true, but merely a |
cscet at West Point carries a walnut in his
pocket TO keep of rheumatism; a student At
NJ ale wears red ribbon around his neck to pre- |
vent his nose from bleeding. Other ridicuions
means are adopted to prevent disease Super |
sllonon, quackery, and false theories rnust
. tsll. he advised the graduates to beware of |
Professlep; their profession admits of no mar |
usapsnip or sectartanism. He warned them IN i
beware Of incompetence, as no physician is az 10 ,
write prescription or handle q knife whose |
BRAIN is muddled with drink. 1t Is their duty !
70 study the moral and physical natures of their
nauents and treat them accordingly. They
should nvt dabble with remedies, but act with |
certainty.
Attire conclusion of his address Prof Lang
ston invited the graduating class TO seats on the
platform Prof. Lsngston stated that it afford |
ed him pleasure to present the diplomas 70 !
them. He charged them to maintain the dig |
nifty Of their profession. He then presented |
diplomas to the following named graduates; f. |
FifZ gerald Clarke, Barbados, West Indies: E.
7 sylor Ford, Barbados, West Indies; Thomas |
3 p. Miller. Maine; Mary A. Parsons, New |
Hampshire; Sidney A. Sumby, Virginia; Etien- |
ne Z. Vidal, Pennsylvania E. Fitzgerald |
Clarke delivered the valedictory address, after |
which the Hutchinson family sang 'Oae Hun |
ored Years Hence" and the benediction was |
Pronounced by Rev. Mr.. Hinckly.
There were many ladies present, and a profu-
sion OF bouquets were passed up to the gradu- |