Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-07-06

SUIT DECIDED. The following decision has
bceu given in the Supreme Court of the u. S.
10 the suit of Catharine Fretz, survivor, &c,
VS.. Ralph Slower, executor of Charles Slower
ct al. Appeal from the Circuit Court for the
Eastern District Of Virginia.
The controversy in this case grows out of =
bond executed by Charles Slower to FreiZ and
wife, on the 9th day of April, 1861, for So, 3G6 Is,
payable on or before the lst day OF March, 1868.
Inc bond was executed in Fauquier county,
Virginia, where Slower lived, and was secured
by q deed of trust on land in that county, both
OF which were delivered to Samuel Chiffon by
Stover on the day of their date. The execution
and delivery OF these obligations were in pursu-
anee OF q settlement made IN the preceding
month OF February, at Warrentown, Va, by
fretz aud Slower Of a long pending litigation in
Inc courts OF Virginia originally commenced
against Abraham Slower, the guardian Of Frolz' 5
wife, and to which Charles Slower had succeed
Cd as the sole legatee and devisee of Abraham.
YUM a day or two alter the settlement Fretz
1e1t virginia Tor hs home in Bucks co., Penn,
leaving Chiltcn, who had been his attorney in
conuuctlng the litigation, to receive this bond
ana 10 have the deed of trust recorded. The
war ensued soon after this settlement, and all
communication ceased, and indeed became I'M
lawful, between pennsylvania and Virginia.
After the War had closed, on inquiry it WAS
found that Slower, q short time before the bond
matured and III satisfaction of it, had paid to
Chiffon Virginia bank notes and Confederate
paper at their nominal or par value, and got
Possession OF TIE bond or decd of trust. Natur-
ally, Fretz and wife were dissatisfied with these
proceedings, and IN reputation of them they
MED their bill IN c~hancery TO set up the deed of
trust and have 1t enforced, on the ground that
Chiffon had no Authority TO receive payment in
such paper, nor Slower the right to make it. The
bill charges actual fraud between Chiffon and
OIOVHr IN th1S tnpt Stnynr bin nl - ,-1 80
Chilton's great pecuniary necessities, induced
MN 10 receive the pap4r at par in payment and
discharge of the bond.
Slower filed his answer, admitting the settle
ment and execution Of the bond and deed of
trust and the payment in Virginia bank notes
and Confederate Treasury notes, us charged, but
denied That these payments were the result of
an unlawful and fraudulent com bination be-
tween the respondent and Chiffon. He insists,
however, that they were in law a full discharge
and satisfaction Of the debt and trust doed, but,
u TINS were not go, that TO the extent of the COM
pensstlon due by Fretz and wife to Chiffon for
professional services he should not be- compelled
to pay a second time. After this answer xas
hled the deposition of Isaac Fretz was taken by
the complainants, which is the ONLY evidence in
the cause. Subsequently Charles Slower died,
and q bill of revivor WAS filed to make Ralph
Slower, the sole devisee and legatee Of Charles
Slower, and also the executor OF his will, u party
defendant. Rail phi Slower appeared and answer
ca, admitting tue character imputed TO him by
this bill, but setting up now dotences not made
IN the answer Of CHARTS Slower to the original
bl!l. On the hearing the bill was dismissed, and
this appeal is brought to revise that decree.
AT tho outse: of this case we arc met with the
objection that there is no application in the rec
ord out this objection, on the authority of Clo
ments vs.. Moore e Wallace, 3l0,) should have
been made in the Court below. Not having been
made there ii will DC considered rs having been
waived. 1t would work great injustice in this
| ~ N ~ Al Ilnp, - -. b.. l-- l-r n,
time, for manltestly the submission WAS not on
Dill and Answer, Tor proofs were taken, and, it is
to DO presumed, in the absence of anything in
the record to the contrary, that they were con-
sldered by the Court in the disposition of the
cause. So far rs the answer to the bill Of revi.
VOr was concerned, no formal replication WAS
required to avoid its effect as evidence in the
cause.
Nothing could be brought into litigation by
the bill OF revivor besides the mere question
whether Ralph Slower WAS the executor of the
will of Charles Slower and his legatee and devil
see, for Calhariue Fretz had been made a party
to the Original suit before the answer was made
to it, (>tory's Equity Pleadirgs section 3777.)
Tho new defences, therefore, set up in answer to
the Dill OF reVlyor were not pertinent to it, and
cannot be considered in the case. Council VS..
Bird, 10 Wallace, 20S.) We are brought, there
fore, directly to the question whether the pay
ments by Charles Slower to Samuel Chiffon
were. under the circumstances surrounding tho
parties, of any validity.
The decision is that the instructions given TO
Chiffon by his client were not applicable to u
state OF war, and that his settlement for money
current IN the Contederacy was void, and that
Slower had no right to discharge the debt in ANY,
thing but legal moIey OF the United States. Re-
versed. MIR. Justice Davis delivered the opin-
ion of the Court.
A BATH IN TIE DEAD SEA.-Mr. G. A.
klhgsbury writes as follows, in Forest aud
Stream, OF a bath IN the Dead Sea:
Reaching It last this most remarkable Of all
the seSs and lakes on our globe, we prepared TO
take d bath-and such Il bath | can hardly ex
pect ever to take again. | mad previously bath
ed in numerous seas, lakes and rivers, nut nc, or
did l enjoy such a bath rs this. The specific
gravity OF the water is such from its holding in
solution so large q proportion Of salt (3Gi per
cent? that one floats upon its surface like Il cork.
At the time there WAS only u gentle ripple upon
the sea, and being Il good swimmer | at once
struck out into deep water. | soon found tina. |
could not only swim and float with wonderful
ease, but that | could actually walk in the water,
sinking only to the arm-pitS. Discovering this
fact l made for the shore, and taking DR.. c.,
one of our party, who could not swim, by the
hand, led him into the $cs where the water was
many fAthoms deep. At first he WAS quite re-
luctant to follow ME, but he soon gained conf
dence on finding there WAS no danger of sinking,
and he enjoyed the novel bath Us much rs if he
had been an expect swimmer. Should the bath
er allow the water to get into his eyes or mouth
he would suffer considerable abatement in his
enjoyment, ON account Of its extremely salt, bit
ter and irritating nature. No fish can live in
this sea but various kinds Of ducks abound
here at certain seasons Of the year. The water
was Us clear as ordinary sea water, its tempera-
ture was agreeable. and it has an oily feeling,
and altogether its action on the surface Of the
body WAS such rs to develop those pleasurab.e
sensations pertaining to the sense of touch, &C.
companied by the most delightful exhilaration.
Of Ill the baths in the world, give me n bath in
the Dead Sea-"
ALEXANDRIA, Va, July c, 1875.
To the editor Of the -Alcrandria Gu.cuc
Wall you please answer in your next issue the
following question Which Southern Generals
or officers, and Of them, which trou Virginia,
are in the service of the khedivc of Egypt ?