Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1885-02-26
THE SOUTHERN TELEGRAPH SUIT.

Judge WlCHeTSpUOu Has Ueeu iCallHS IL
Chambers nearly all day argument on a
Company. The litigation in regard to this
property has already become very intricate
but the following statement may simpli'
fy an understanding of the situation. The
litigation began in January, when Malone
representing himself and other bondhold'
erss of the company, filed a bill in the
United States Court for the Eastern Dis
trict of Virginia in order to control the in,
solvent property. Then the Farmers
Loan and Trust Company of New York
the largest holders of first mortgage bonds
filed bills in the State Courts of New
York and various Southern States pray
ing the appointment of a receiver to
take charge of the rights, credits and in
come of the company, the funds so re-
ceived by the receiver to be administer
ed by the State Courts. This prayer was
granted in South Carolina and various 9th:
er States. And a receiver was appointed
for each State. Following this Judge Bond,
at Norfolk, laid rule on the Loan and
Trust Company against proceeding as IN
contempt of the United States Court where
in the litigation began. This induced the
Loan and Trust.Companyto ask Judge BOND
to set aside thIir previous proceedings IN
CldUG 1IC ibcoS eAiS oANSA
asked for, and the company, to purge itself
of contempt and in obedience to the order,
instructed it's attorneys in the several States
to secure the dismissal of the State Court
orders previously obtained by them. The
Georgia bill was dismissed several days ago.
To-day Bachman & Youmans representing
the Loan and Trust Company, made mo-
ton before Judge Witherspoon asking the
dismissal of the bill obtained last month
from Judge Kershaw, under which Mr.. P
IT. Youmans was appointed receiver for
South Carolina Clark & Muller, represent
ing Cambell & Read, certain bondholders OF
New York city resisted the granting of the
motion and made motion to make their
clients complainants with the Loan ana
Trust company. In other words they wish.
ed to have some voice in the further control
of this property. Col. j. G. Haskell, State
counsel for the Telegraph Company, also
opposed the motion with a view to secur-
ing payment for his services. The argu-
ment was prolonged and very earnest, as
large fees were involved.
The Judge granted the motion, thus do
ING away with the South Carolina recelv:,
ership and leaving the matter to the United
States Court. 1t is understood that an Or
der will be signed tomorrow for the pay
ment of the receiver and attorneys up to this
time.-Col,unbia Correspondent Ne'cs and
Courier, Saturday.
AN IMPORTANT RULING ON THE Law
or MARRIED WOMEN.-The Act of 1871
commonly called the Married Woman's Act,
provided, among other things, that a married
woman should have the right to purchase
and hold any species of property, and to
contract and be contracted with as though
she were unmarried. This Act was all.
comprehensive in it's provisions; 1t swept
away at once all the common law dlsabll-
tiles of married women which pertained
to the primary right of property. This was
the text of the law until 1880, when the Code
Commissioners inserted after the words, "be
contracted WITH" the words, "as to her sep
arate property" and Judge Wallace has held
that under the law as it stands married
woman can bind herself by contract only
when such contract pertains to her separate
estate, and this ruling is borne out by the
decisions of courts of New York upon an
Act of the Legislature of that State identi-
cal in terms with ours. The wisdom of the
amendment inserted by the Code Commits
sioners is perhaps a question upon which
LAWYERS and legislators will differ. The
position taken by Judge Wallace was urged,
in two cases, by Willie G. Rion, Esq, in a
very strong argument.-V'mnSooro -NeTs,
Saturday.
Twelve hundred liens have been enter