The New York herald., 1876-09-02
UNITED STATES SUPREME COURT.
DECISIONS.
WASHINGTON, Sept. !

WASHINGTON. Sept. l, 1915
TIE RETURN OF SOUTH CAROLINA THE uNoy-Ggy-
KHAL CANDY AND TIE corRTs-A MILITARY ORDER
VOID
No. lag Henry II. Raymond, plaintiff in errcr,
William NJ Thonas--In error TO the Supreme Court OF
the State Of South CaronaThe facts in this case as
disclosed IN the record. somewhat involved and
complicated. so far 1t is necessary to consider
them for the purposes of this opinion they
eoluminous
on the 25,h of August. 1868, Mary Raymond bought
irom Thomas, the defendant in error, a small house
AID lot, situated In Grecnvie, s c.. for which she
gave him her note Tor $1,000 payable months after
the ratification OF peace between Conederalcs and
the United States, before, at her option, with an
hrai interest from tho lst day of September 1868.
Inc premises were conveyed at the time of salc
aud the grantee gave back mortgage to the
payment OF the note. ON the 2s,h Of May 1866
Thomas filed his bill IN the Court OF Pleas OF
Erecnviile county, to force the mortgage The
vcndce answered. The case WAS heard in July 1866
before Chancellor johnson. The Chancellor held that
The note was intended by both parties to be able
Confederate money, aud that, IN view OF
all the circumstances, tho amount Of principal
eQui,aby due upon II 81, 900 The was
referred TO Master to compute tho aggregate prnci-
pal due upon thls basis IhIs decree upon
the appeal OF Thomas affirmed by The Court OF
Errors OF tho State It's December Term, 1867. ON
25ta January ls6s Chancellor Carol sitting in
The Common Pleas, docrced that tho amount due in
conformity 10 the Masters report So 2G5 62 that
unless Tho sum paid directed the Commission
should sell the premises, and that II tho proceeds
we're Insufficient TO pay the debt and costs, tho
complainant might issue execution for the balance.
On the 18th of May following General Candy issued
order whereby he annuiIcd this decree Tho order
contains slight error the descr pton OF the decree
but the meaning oi The order clear Tho discrcp-
nncy is therefore, immateraL On the 2alh OF Decem-
Der, lets the military order non oOstante, the Com
missioner reported that he sold the premises Tor
On the ID OF January 1863, Mary Raymond nled her
bill III the Court oil CommoD Pleas Charleston county,
setting forth the facts above stated and further that
the Shorin OF that county about to proceed
lect from her the balance slili upon the decree,
amounting 10 81 653 70 she prayed that Thomas and
ali be perpeiuaIy cnoincd from enforcing the
decree. The Court decreed accordingly. subse-
quently Gaillard the purchaser and Thomas answered,
and moved to dissolve tho Injunction. In July. 1869,
Ihis motion oycrrulcd aud tue injunction again
oercd 10 be made perpetual An appeal taken
The supreme Court OF tbc state but ialed Tor want OF
prosecution. Ia December, 1870 Thomas obtained
leave TO amend ais original bill OF foreclosure He did
setting iorth among other things that original
defendant. Mary Raymond, had died, aud that Henry
H. Raymond had been appointed her executor and
making HIM party. In due time he answered, deny
ing that be was either executor or administrator OF the
deceased, ana insisting that hc bound to
answer, and that decree could he taken against hn
lie admitted that he in possession OF estate,
and avcrrcd that he ready pay all her debts
The amended bill and answer .ei forth ohcr things
not necessary to DC repeated The In tins new
aspect came on bc heard Ii was decrccd that the
sale the morigagei premises bo confirmed and that
the purchaser have "A writ OF assistance to enable
him to obtain possession. and that the com
p!tnant have leave 10 enter JuGg-
against the defendant for the balance due HIM,
and interest and costs before decrecd Raymond
thercupon removed the by appeal to the supreme
Court OF tho state, where the Judgment affirmed
1t Is decided that The state had regularly returned 10
the Union under the providing therefor and thai
Tile order o. General Candy was without warrant oil
authority. 1t wholly annullea degree regularly made
by competent authority in plain clearly within
jurisdiction, there pretencc OF any un-
fairness Of any purpose wrong opprcss or of any
indscretion whatever IL was arbitrary s.rctch OF
authority TO no good end that be imagined The
order void. Tnc supreme decided correctly
Affirmed MI Justice swaync delivered the opinion.
CONFIRMATION 20. MIRA ssEvicks-sucH
CLAIM As A sxr-ovy AGAINST Tux ooyERsNEST-RULks
GOVERNING IT.
NO. l5s. John Hall ct al VS.. The United Statcs--1n
error to the Circuit Court Tor tho Distfict OF Mnne
sofa Fifteen hundred dollars per annum allowed