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- There is no pretence that the Bank wa
not a purchaser under its mortgage fori
~ i yaluable consideration. There is no doc
trine better established, than that a vo
luiUary conveyance may become good bt
- matter ex post facto. If execute i
voluntary conveyance to B. and B enfeot
C. tor a valuable consideration the eon
; veyance to C. will be good. Smartle vs.
r Williams, 3d Levins 33d. Turlon vs
B ' en ?°"' lst / Strange 243. This princi
pie is likewise affirmed in the caSc of El
le ks vs. Warnes, Croke James, .32,—Am
thus is, under the allegations of tue bill
precisely the case before the Court.—
e Oarna M‘Kinne makes a voluntary cun.
e veyance to John" M'Kinne, who mort
gages to the Bank for a valuable conside
ration—-but the answer denies (he fact
i- According to the answer, John & Barna
!- M'Kinne werp jointly interested in the
Bridge Bank j—ior the-use,of that Bank
they apply for a Joan of seventy thousand
r»- dollars, and to comply with the forms oi
ir Barna M'Kinne conveys to John
„ M'Kinne, who executes the mortgage to
secure the loam This consideration
to would be sufficient to support the deed,
5 . either at law or in Equity. The case in
Ist. Coke 176, only decides, that, in a
•- l *. eetl °f bargain and sale, a pecuniary con
l>- s'deraticn is necessary to raise an use lo
the Bargainee. But ffirlhis purpose, one
dollar is as good as one hundred thousand,
n It relates to the form of the deed, and not
1° substance of the conveyance. The
next ground alledged, is that John M‘-
0 Kinne on the 18tb day of May, 1819, be
ing. unable to pay his debts, executed a
mortgage to the Bank, by which a prefer
e entje was given Ip the Bank over other
e creditors, and that this mortgage was
d void under the act before mentioned.
The fact of the Insolvency of John M'
r Binne at the time, is denied by the an
si swer to each. Werelhefact admilted.it
would make no difference as to the 70,000
e dollars borrowed at the time the mort
gage was executed, and the payment of
which it was intended to secure. There
# is a clear and manifest distinction between
a mortgage given to secure a prior debt,
a °d » mortgage given to secure a debt a
ii rising at the time the mortgage executed.
The latter does not come within the mis
e chief intended to, be remedied by the sta
- lines—the former does. How the fact
of Insolvency shall he made known to the
Court,’ is one thing j what will be the Ic
e gal consequence, is another.—With re
. gard to the pre-existing debts (were the
fact admitted) I would hold a mortgage
to be a transfer in trust; a mortgagee be
ing a trustee in Equity j the only Court
which notices trusts. Our statute points
out the mode of foreclosing mortgages,
; hut does not alter the relation in which
the mortgagor and mortgagee stand tow
ards each other. But the fact is denied
1 as far as it could be denied, and the mort
gage can in no degree be affected by the
statute. With regard to the Bank of Au
gusta not giving notice of their mortgage
at the time of the contract of sale, to the
Bank of the State of Georgia, it cannot
be seriously relied on. The Dank of
Georgia had notice as is apparent on the
face of their Bond, and it would have
t been an act of supererogation to give no
lice of what was already known. The
doctrine of Equity concerning the mar
! shading assets appears to me to be forced
- into the service on this occasion. In or
der to marshall assets, thetJourt must first
• have ,the assets to marshall ; and altho*
■' where a creditor has two funds to resort
* to, the Court will compell him to resort
* to one in which another creditor has no
lien, ns in the ou*e of Bond and simple^
i contract creditors of an estate in England.
• I know of no principle which goes to the
' extent, that where there are two persons
who are bound, the Court would compell
j, a creditor to resort to one instead of the
other. The facts of cajoling and intimi
dating the sheriff, who was about to pro
ceed under the Executions in favor of the
Bank of the 3<ate of Georgia, against Jchn
k Barna M'Kinne, are alledged in the
1 bill, and/rcle|nied in the answer. 'The fact
of putting' in a claim to the property le
’ vied on,fs admitted. In this thp defend
ant has done nothing mote than he had a
right to do; —if he haq exercised that
right improperly, he 14 responsible in da
mages at the trial, and this Court has no
thing to do with it. T;he act incorporat
ing the Bank is alledgcd to be unconsti
: tntional, upon the ground that it grants
valuable corporate privileges, and did not
pusS the general assembly by a majority
of two tldicU, I have no doubt of its
constitutional validity, whether it passed
by two thirds or a bare majority. Corpo
rate franchises'or privileges are not gra
tuities or donations, within the letter or
meaning of the constitution, ami not af
fected by that clause ; —they are granted
for tl»e benefit of the people at large ; and
though they may be valuable to individu
als, arc-not considered in the light of gra
tuities or donations to tlrosp individuals
In the present case, it would be difficult
for the Court to say whether the gain or
die increase of stock was not overhalanc.
tdby the lo«s incurred, by p part of the
stock remaining idle tyhen the business
of the Bank was not full,—Upon the
whole I see no cause u hy the injunction
, should remain. '1 he answer not being ex
cepted to, must be held a full answer;
and no matter of Equity is disclosed in
dial answer tv entitle the complainants to
a ciniimnince of the Injunction. Let the
order for the dissolution of the injunction
be made ibsoitfte.
JNO. IjUUO'VTGOMKIIY. Judge,
Superior Court, Middle Dis't ■ Ge?,
The Essay lo which a correspondent al
ludes, is at the present time mislaid:—
When found, it will be sept lo his direc
tion-
JIUIJtIUSD—Oj\ Thursday evening,
the. 23rd inst. at Barnwell Court-House,
by the Rev. Mr- Peoples, Mr. James Ixslie
of Augusta, to Miss Ann flyrne, of the
former place.,
FOR SALE,
A- LIKELY Negro fellow, by trade a
BLACKSMITH. —For further particu
lars apply to Messrs. Slaughter & Labuzan.
May SO 3t V; ‘
(£j° I have appointed Mr.
TAYLOR FLEW ELLIN my Attorney
’During my absence from this City.
Jno, Famoglnn.
May 6 —ts May 30—2
. ’
lew
« iJMeteimAog
c- thermometer Barometer
S rls ‘ Ske-M- s rise s. set,
, y April 21 45 go 29 85 29 79
a ”ii .t 1 65 29 -7' 3 29 81
ff »2o ,38 • 70 29.90 29.91
•- •» ‘t 50 73 29.85 29.83
s. »> 25 53 75 29.85 29 83
s. »» 26 59 go 29 81 29 ft
i- •• 27 53 71 29 64 29 63
I- »» 28 57 76 29 67 29.7]
d » ‘ 29 48 78 29.83 29.8(
I, >* 30 51 78 29 87 29 B,'
- May 1 59 81 29. *B4 29 8:
i. " 2 62 81 ' 29 87 29.8(
> .. 3 63 86 29 86 29 8/
. m 4 62 88 29 83 29 Zi
>» . 5 70 74 29 65 29 7C
a >• 6 ’4B 77 29.73 297. i
e » 7 50 78 29 75 29 7: !
i » 3 64 . 84 i 29.77 29 7/
( » 9 70 - 83 77 29 7i
,f » 10 53 65 29 80 29 8(
a “ » U , 55* .. 73 . 29 88 29 8(
9 » 12 ’4B 73 29.93 29 9;
9 „ 13 . 52 76 29 94 29 9^
„ 14 53‘ 79 29,90 29.8(
i » 15 65 83 29.73 29.7/
3 » 16 64 86 29 77 29,81
»17 66 79 29.83 29 8;'
3 » 18 60 84 29 81 29 7-
e ». I 9 70 88 29 75 29 74
.. 20 68 83 29 76 29, 7 i
t 21 70 78 29 76 29.7(
. .. 22 68 82 29 77 29 7/
.. 23 67 78 99.76 29 7(
„ 24 69 70 29 76 29 7(
3 « 25 69 68 29 78 29 71
» 26 66 69 29.81 29 S(
r 27 68 74 29.72 29 6/
Augusta Frizes Current,
. Qf Produce & .Merchandise ,• bought from
t and furnished to, the Wagons.
C Corrected for the Chronicle J
F
, 'Cotton, Prime f dullJ 15 a 15}
; Other descriptions as i^quality 11 a 14}
Cotton Bagging, - 35
I Sugar, ]la 13
.inferior 10 a 11
Coffee, "30 a 32
Mol-sses, - - . . 42 a45
Salt, Liverpool Ground, 31} a 871-2
, Do. Alum, 75
Iron, - . . . . .5} a 6
Bum, Jamaica, l 37}, a 1 50
| Do. New-England, 45 aSO
; Gin, Holland, l 12} a 1 25'
' Do. Northern, 45 a 50
' Brandy, Cognac, 1 62} a1 75
J Whiske), Northern 42 a43
Flour, 8 a 8 50’
| Leaf Tobacco, 3 50 a 3‘75
Manufactured, do 12 a3O
according to quality. 5
EXCHANGE.
Bank Bill Exchange,
■ United States Bank notes, 6prctprein
New-York Post notes, 6prctprem
No Carolina State Banknotes, par
Newbern & Cape Fear, 1 a 1} ct dis
South-Carolina, 2 a 2} ctperprem
, Tennessee & Alabama, 20 a25 pretdis
Bridge Bills—no purchaseis.
Bills of Exchange.
Bills on N York, short sight, 6 prem
Du. Boston, 5 pr ct prem
, Do. J'hiladelphia, do do
Do. . Providence. do do
Do. Baltimore, 4 a 4} do
Ho. Charleston, 2} per ct prem
Spanish Dollar, 4 per PVtn
American, Portuguese,) - „
and British Gold. 5 4 per Irm
Doubloons, - 15 25
Webb’s Lodge.
‘LsE Member, arc requested to attend
an F.xtra Meeting of this Lodge, on Fri
day Evening, at early Candle Light, bn
business of importance to tJie Craft.
Wm. Jackson, Sec’ry..
May3o~.lt ‘ - -
Marshal’s .Sale.
W ILL be acid on tile lira* Tneaday it.
July next, at the Market-House in the city
of Augusta, between the usual hours of
sale,
One Lot with the improve
meats thereon, in the city of Augusta, on
the south side of Broad-s'ieet, containing
a front on Broad-street and K1 jig- street of
thirty eight feel six inches, including one
half of a lane or alley running between said
lot, and the lot now or lately belonging to
the. estate of james I’ear re, bounded south
by Ellis street, north by Broad-street, west
by a lot belonging to the estate of David
McKinney, east by the lane or allpy afore
said, Conveyed by Adam Hutchinson loS.
C, Dunniug, by deed dated Bth June 1821.
—ALSO—
A lot of land on the Sand-
Hills, Kichmond county, near the City ot
Augusta, with live improvements thereon,"
recently known as the property of Adam
Hutchinson, and by him conveyed to Si
C Dunning, hy deed dated B.h June
1821 ; —levied on as the property of
Sheldon G. Dunning, to satisfy an e*ecu-‘
tion, Abraham Richards vs. said SI) el don
C Dunning.
Feter F. Boisclaiv
I). J\J. JU. Q,
May - 30 tds f
Sheriff’s Sale.
WILL be sold on the first Tuesday in
July next, at Lincoln Court-House,
between the usual hours of sale,
Two negro fellows, taken
as the property of William Covinglpn, lo
satisfy an execution, Stovall & Lamar for
James Lamkin vs. said Covington •, also
sundry other executions vs. said Coving
ton, —ALSO—
One tract of land contain
ing 200 acres, ore or less, on the Waters
pi Little river, djoining Watkins and
others, taken as the property of Henry
Sturgcs, to satisfy sundry executions
against said Sturges—l <eyied Sc returned
to me by a constable.
N. Bussey, SU’ffL.C,
May 30- -w3t
;ica\ Table..
t. D- of rain Weather.
9 Fair.
1 do
1 do
5 do
'5 do . . . ...
6 .05 do rain at night.'
;5 07 do little rain in the morning.
1 .do windy.
'0 Very clear.
•H Fair.
13 do
10 do t
'J. Changeable;
’0 I- 09 Showers I*. M. Fair A. M.
0 Fair.
■5 do ..
5 do
7 i do •
?■ .' . <! ' (111,; . , ~ ,
[9. Cloudy—a few drops of tain.'
’2 .. r do • ■ .
*4 . • do
do
7 do
tl "do
13 do
5 do
4 dp
® -84 Thunder showers
7 150 Faira.M. Cloudy p.m.
6 60 Fair & cloudy.—rain at night.
6 2,12 Raining. b
8 .91 do
10 I Changeable.
i7 1.78 I Rainy.
MICTION.
By Thompson & Andrews.
Tiiislj.ir,
At ten o’clock, will be Sold,
before our to tore,
HIIDS Sugar
■Bbls do *
Hl4a. Uun\
Bbls. do.
Pipes pin
" Pbla Beer
Kegs Tobacco
• , Hoses No. 10 Cotton Cards
.1 Uotes Fish
t'j Bags Corks, kc. kc. kc.
And ait 13 o’clock precisely,
Jl fir at rate JSTew. Yor\- built
j Tilburg $ Harness.
■Ami immediately after in Store,
A JLarge Assortment of
Fry Goods ,
! ■—Additional—
BOXES White Havana Sugar I
i 10 Barrels Cider
I 111 Do Newark Ale
20 Boxes Burlington do
AND JIT TWELVE O'CLOCK,
A good Saddle Uorse.
Terms at Sale.
May 30 It
Corn, AVluskcy,
v- sc. sc.
Pounds very Superior
Tennessee, Kentucky and North
• Carolina paeon,
2500 bushels prime feeding-Corn,
■ 38 Mills. Philadelphia' Whiskey,
2500 bushels Sal;,
JSOO pounds very prime Virginia
Tqbaoco,
16 Itlitls. Muscovado and Orleans
Sugar,
. 75 bids, superior, Howard-street,
Flour,
, 20 bbls. Northern Gin,
10 hhds. very prime Molasses,
Just received, for sale by
Ww- VI "Egan,
Upper etui\ south ucfc of Broad-street.
ALSO ON HAND,
1400 lbs. .Augusta made
CANDL&B.
May SO -ts
Wanted to Kent,
T?
J’OR the purpose of Portrait Painting,
a ROOM will) a north window on the first
or second door of a private Dwelling,
within five minutes walk of the City Mo
tel. Apply at the Office of the Chronicle.
May 30—(f
Sheriff's Sales.
WILL be sold on the first Tuesday in
July next, at the Court-House in
Jacksonhorongh, Scriven county, between
(he hours of ten and four o’clock,
One negro woman Sydney
taken as the property of Tarlton B. Best,
to satisfy an execution in favor of Britton
Price, issued out of a magistrate’s court,
vs, T. 11. Best. —Levied and returned by a
constable.
ALSO,
Two negroes, Becky, a
woman, and Betty, a girl, about eight yenis
old, levied on as the property of Sfephen
Miller, to satisfy sundry small executions
issued out of a magistrate’s court in favor
of George McKay vs. Stephen Miller and
John Miller—Levied and returned to me
by a Constable.
James Bryan, B.S.C.
May 30 tds
(Qf* Brought to Jail, Jack
sonborough, Scriven county, on the 25|b
instant, a negro man who says his name is
FBI), and that he belongs to Charles I.
McDonald of Clinton, Jones county—say's
he ranaway about ninth of May-nhe is
about, or very near six feel high,, dark
complexion, has a scar on his forehead,
and one of his fore teeth out. The owner
is requested to come Toward, prove pro
perty, pay charges, and take him away.
James Bryan, Jailor.
May 30 3t
For Sale , ;
A MOST desirable SUMMER RESI
DENCE on the Sand-Hills, heaf the
branch of the Richmond Acad ens, with |
any quantity of land not exceeding forfV
or fifty acres. The dwelling house Is large,
commodious, and neatly finished, haring ,
two stories and eight rooms, besides pas
sages and a garret, and a piazza on one
side of the building, and a portico on, the
other, together with ten or eleven com
fortable out houses; a good a
collection of the most choice fruit‘trees,
grape vines, kc, and a spring of pure w»-
ter within seventy or eighty yards of the
dwelling house, and a spring house.—Ap
ply to Win. W. Hoi.t, Esq or the Office
of the Augusta Chronicle.
May 30——(f , , ,
••• Administrator's Sale.
WILL be sold dn the eleventh day of
July next, at the plantation of the
subscriber, the stock of the late Lucy
1 human, deceased, consisting of Homes,"
Cattle, lings and She,p, and many other
other articles too tedious to mention.
.. ALSO, <
M ill be Hired out ’till the
first day of January next, the Negroes be
longing to the estate of the late Theo
plnlus Thomas, deceased.
Terms of Sale— Credit tilt first day of
Junuaiy next, with small notes, wi-h ap
proved security. Terms of sale must be
complied with before the property will be
delivered. Sale to continue from day to
day till the property is sold and hired, be
longing to cither estate.
George Pollock, adm’r.
on the estate ot Lucy Thomas, dec’d. and
Administrator debonis non on the estate
of Theopliilu? Thomas, dec’d.
May SO- —id
8 50 Reward.
RaNAWAV on the av.nin). ofilie lOlli
instant, from the subscriber near Cuhawba,
a mulatto fellow, named
CARTER,
about five feet ten inches high, about for
ty five years of age, is a carpenter by
trade, and shrewd, sensible and ingeni
ous The most characteristic mark upon
Ins face is a flesh mole or wort upon (he
left side of his nose about midway up
As he left this, well dressed, he may pro
bably attempt to pass himself for a white
man, and it not for a free negro, as in all
likelihood he may have obtained free pa
, pers. The above reward will be paid to
any one who will deliver said negro to
mo, or secure him in any jail so that 1
get him.
John Scott.
Cahawba, May 18 m3O 3t
Thompson & Audios,
Offer for Sale.
HUBS N. O. Sugar, (Prime)
luO Bbls. do
49 Dm Prime Coflee,
25 Do. Loaf Sugar,
10,000 Lbs. Superior Baltimore Bacon,
50 Kegs Lard, &c. Sic. '
May 27 4t
For Sale,
S TxeeWant Gig Worses,
AND A
Secondhand Gig fijHarness
Will be sold low for cash—Enquire at the
Globe Tavern. May 27—-if
-* i ,|
Hie Subscriber
1« Just IteceVving
The following Article!, which will be Sold
on accommodating Term*,
\ Q IWBI T BS. Baltimore Bacon,
iOjvJIJV/ -U very »u,i erior,
106 Barrels Kentucky Whiskey, old and
very fine,
10 Uhds Philadelphia do.
30 Barrels beat Northern Gin, favorite
Brands,
42 Barrels No. 1 Shad, very large & fat,
I Box white Havana Sugar, for retailing
11 Hilda-N. O. and Muscovado Sugars,
27 Barrels do do
64 Dags Prime Coffee,
H‘l WINES,;
English Porter, very good,
A general assort. 5 fjpTjt a O
ment of genuine 3 XXj AO
A complete assortment of iron & Steel
Cognac Brandy, Jamaica Rum, and
Holland Gin,
Crackers in Kegs—and many other
articles.
John Gindrat,
O/ipoeite the Bridge Bank.
STILL OX 11A Nil, a fkw iabukls or first
CUOICK ?
Family Flqur.
May 20——4 t
il®® Bundles of
Northern ,
For sale at the V ure-llouse of
McKenzie & Ponce,
May 23 —if
Uw OFFICE,
Ajn
General Agency,
MOBILE—ALABAMA
T
JH HE undersigned respectfully fnforms
his friends in Geo. and all others who m»y t
have occasion for his services, that be has
established hitnself permanently in ths
City of MOBILE, in the Stale of Alabama,
as Attorney and Counsellor at Layv, and
General Agent-and will give particular
attention'to the ColLction of Debts in the
States of Alabama k Mississippi, and at
PaVSACOLAt*
W. Barton.
May J3—»6t
rr > f - - . ml
23 Days* Drawing
Over.
No. 31,939. a Priue of gIOOO wan o.dered
by a gentleman m
FI^riTcLASS,
Grand
t\«>j’s Drawing oVsr
Has more prizes floating in its wheel ’*
than any other Lottery in America.
Grand Capital Prize,
Ona Hundred Thousand
iiaWarL,
PHIZES ARE -
1 0f833,000 sßs of V I,QOO •*-«
lof 10,000 I 7of abo
*of 3,000 195 of iOO
Besides an immense number of small*
er prizes.
■Pnzet to be defeated in the Wheel as fob
low* .*
10tb day ,1 of 5,000 dols. *
15th do. lof 5,000 do.
25t1. do. lof 5,000 do.
37th do. lof 10,000 do.
28th do. lof 25,000 (10:'
30th do- lof 100,000 do.
All the other prizes ttoaung trom the
commencement of the drawing.
0. Gillespie’s
Office* Pennsylvania Avenue,
nmhvijrton City. ,
The Managers Ollicial Rppnrt of each
day s drawing will be regularly p«blist,ed
u\ the National Intelligencer, the
the urqwit'g. *i ■
Recollect 1). GILLESPIE lias sold more
Capital Prizes in different Lotteries since
lie has beerCei\gAg > *(l in (he business, than
any other vender of Tickets in A meric*.
Ihe lollowmg since the «rsl of January .
last i 1
Grand Capital in the Monument
Lottery, g4O,ODu.
Literature do. 2j,i'pf,
Consolidation do. 30,P00
Grand Capital in the State Lottery, '
.. . , Os Pennsylvania, 520,000,
National Lottery, 4th class, ,
s.i;oot>
If tuhinglon, January t, 1822.
*** 'l l«e price of Tickets ~
has advanced to £2u ( as the drawing of
the LOI ILRY. will be completed In the
cmiise of the present month, those who
wish tickets would do well to send to or
vleave orders with the subscribers.irumedi
ately; and Utey shall be forwarded to Mr.
GILLESPIE with all possible dispatch.
J- & H. ELY, Booksellers.
on - , Broad-Street
May 30- w tf
810 Reward*,
RUN AVVAY from the Bubsonbjr on
the 2d nstant, a negro fellow by die
name of JQB, aho.it twenty-one years of
age* five feet three or four, inches high,
dark complexion,, an Africa;!'.Tty birth,
speaks good English, andshowaVery little
of his 'lative tongue, when spoken to. —
The above reward and all reasonable ex
penses will be paid to any petson deliver*
ing said fellow to me, or lodge him i(t
any secure jail, so I get him again.
Wra. Shannon,
May 27——if
Thirty Dollars
jin ward:
Ran AWAY from the subscriber'* I
plantation in Burke county the follow* I
ng negroes, vial
NED, I
A likely well looking fellow,,about twenty I
years of age, five feet 7 or 8 inches high* I
very black, is smart and intelligent. I
, AARON, I
About 24, years of age, 5 feet 5 or 6 inche* I
high, (hick visage, had a alar on his face. I
is smart and intelligent. ■
BILLY?, i I
about 30 years of age, 5 feet 10 or It <• I
inches high, .rough counlcnonce, and his I
knees bending inwards, " I
Ned was bought 'of C6l. M. Myers of I
Savannah, and is well'lcnown there.— I
Aaron was purchased dt Mrs. Fraser of H
Savannah, and is #ell known there , H
Billy was bought of Messrs. Baker U Min. w H
ton. Commission Merchants. They will I H
probably attempt to go savannah by the i H
way of Augusta, or make some landing on 1
the river for that purpose, having been -S
brought up in the country by boat. The JH|
above reward will be 'given for lodging Si
them in jail, or delivering them to the
subscriber on.his plantation, or ten dollars
for eillier of tbup
John W. Reynolds. fl
May 13 6t H
r ~ 1 BB
Land neat Athens, I
FOHOAI.K, ■
A TRACT of LAND, on the Oconee
River, immediately, below Athens, con- HHR
taining 420 acres—lßo of which are ch ar- |HH
ed and suitable for'cu itivation. B||
q (ff On the place is a good Two o,„ r y
Dwelling House, 40 f< et long, 20 wide, BHH
'commodious.Kitchen, extensive Dun and HH|
Stables, a»4 all necessary Out-Buddings-
The hmne is within less'ban a mile of
he,College, and (he property is worthy
the attention of those persons wishing to mSS
embrace the advantages afforded of Edu
eating theif Children. H
Terms made,eas> to purchaser*. mMm.
- Ascury Hull. ; B|
Athens, May 20. 1822—^eowJm
- »r'-\ v ‘t v : y ■Bi