Vicksburg weekly herald. (Vicksburg, Miss.) 1868-1883, 1878-03-01


ChaaesFy Z saFs.
UPTON n. YOUNG, CHAACELLOB-J. W.
B0UEAB, oLERK.
TUESDAY, FEB. q, 1873.
No. l2T7-JeaeFson Davis, Bowman
OF al., Executors OF estate off. Z. Davis.
vs.. B. 7. Montgomery ct 81.
The bill fled 10 June, 1876, states
that on the 18th Of November, 1866, J.
E. Davis, In consideration Of three
hundred thousand dollars In gold coin,
conveyed TO Montgomery four thou.
sand acres Of land 10 Warren county
the Brier1eld and Hurricane planta-
lions /; that 81 the same time, aud as 9
part OF the transaction, Montgomery
made and delivered 10 Davis to secure
purchase money, 9 bond, executed TO
Montgomery and bis two sons, payable
TO Davis IN the sun Of six hundred thou
sand dollars, conditioned to pay Pur-
chase money on January Let, 1875. AT
the same time defendant B. 7. Mont.
gomery, delivered to ]. Z. Davis, TO
secure annual interest on said cum Of
three hundred thousand dollars, nine
written obligations Of Montgomery
and bis sons, payable to Davis, each
In the sun Of $4,000, In gold coin,
on tine first DAYS Of January Of each
of the years 1867, 68, $50, 20. II, 70,
70, IA, rs. At same time MOntgom.
cry executed q mortgage reconvey ing
said lands to Davis, with power to sell
, upon failure Of NJ. TO pay any OF the
said Gums assumed TO be paid, and out
of proceeds 10 pay any and ell Of said
i, obligations unpaid-the mortgage 10
be void upon payment, etc. On the
18th March, 1859, D. made his will APP
pointing cOmplainsnts executors, etc.
d. died in 1870. and bis will was DON
after Only pFObated. Letters were
granted, In due season, TO complain
ante. The bill states that defendants
. failGd to pay their obligation for
, $4,000 in full, when It matured on
January Let, 1871, and had not paid the
r same In full on 18th April, 1871; that
on said 10Th April In consideration Of
certain indulgence, forbearanCe and
a~cquitisBce, accorded by said executors
TO said Northumberland 10 better 90.
. cure their Indebtedness, the said de-
PENDANTS executed q mortgage, convey
. Ing 10 executors q plantation called
/" Ursino," containing 1867 acres. Said
a mortgage was given 10 ecure The inter-
est obligations due 1871, ~, 70, "a, 70
!. and 1876, aud fifty thousand dollars of
4 the principal, being part Of the $780,
COO which was TO be paid lst January,
1876. Defendants were unable to pay
r their interest obligations In full, es.
pecially those falling due in 1874, rs
and '76, and applied for and received
II indulgence, forbearance and extension
= on part Of each and ell Of said obliga-
lions that q large part of their Obliga-
q ton for $4,000 due January, 1876, re-
mains vet unpaid, and all OF the prin-
: cipal of said debt 100000, which be.
;: came due January, 1875.
y DEFENSE.
&c /. Original transaction Of November
a. 10, 1866, was void, being prohibited BY
% laws OF Mississippi and its public poll
III cy. The defendants being colored meI
could make no contract In 1866.
2. Contract of 1871, being based npol
L transaction Of November, 1866, wa
also void.
IT, 3. The mortgage on "Ursino" plan
tation has been satisfied, % appears b.
n entry On the margin.
10 4. Defendants have long since sur
D. rendered the lands, under the Origina
q transaction, attempted 10 be purchased
70 s. A Court OF Equity will leave tht
complainant to retain the $4,000, ant
x the lands thus surrendered, and will no
grant any decree Of foreclosure o
Q, prayed.
10 The case was argued, orally and OF
Fe brief, by Pitlman 3 Plttman for com
"a ~plAinants, and by Harris q Harris foI
ID defendants. Case submitted.
James Botto ct al. va. L. NJ. Loewen,
u berg, OF al demurrer overruled.
y Scharfer ct al. vs. Loewenburg ct 81
T. answer 10 be fled Ia thirty days.
u, b. f. Wheeler We. 7. B. Wheeler
" Tnrley, Lum OF al; Mandate Of Su
10 preme Court, (sfirming decree of lhil
TT Court rendered at November term
lts filed. Decree entered for about $40,
10 600 in favor Of w. s. Lum, and prop
or erty ordered to be cold to satisfy de
. cree.
d Increase G. Plant ct al. We. v. q II
" Il. r.; petition to remove 10 United
~ States Court, granted.
Us A great many hDal and annual &C
u, counts were filed.
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