Newspaper Page Text
“WISDOM—JUSTICE—MODERATION.”
VOL. II.
ALBANY, BAKER COUNTY, GEORGIA, WEDNESDAY, JUNE 3, 1846.
—■
NO. 8.
THE ALBANY PATRIOT,
i. rususaxo inn vkduiut moow, it
NELSON TIFT A SETH N. B0U6HT0N,
Editor* and Proprietor*.
TERMS.
TWO Dollar* per unin. if paid in advance, or
Three Dollar, at the end of the year.
AilvcrtuenrenU not exceeding twelve line., will
“LOOK TO THE SENATE.”
A traveller, wandering among ibe dia
mond mines of Brazil, wooid be apt to
throw away a piece of rock as valuless,
but the experienced eye would soon dis
cover under its murky surface a brilliant
speck of light of dazzling hue, and he
be-io^x^&£» w y e e rh racl . lbe price, ? i ii em -
Fiftr cent, for each continnance. Adwtfoemenu Hereditaiy^wcahh and ancestral honors
thavi
not having the number of insertions specified, will
be pabliMed until forbid.
Hales of Und and Negroes by Executors, Adminis-
tratora and Guardian., are required by law to he
advertfoed in a public gazette, sixty days previous to
the day of rale.
The iwJe. of Personal Property anst be advertised
tin like manner forty davs.
Notice to Debtors and Creditors of an estate must
be published fort, days.
j that application will be made to the Court
of Odinary for leave to sell Land and Negroes, moat
be published weekly for four months.
Monthly Advertisements, One Dollar per square
for each insertion.
I f All Letters on business must be port paid.
POETRY.
From the Charleston Courier.
TO THE RESCUE.
“ This is no time to stickle about trifles. Every
moment** delay increases the danger to which our
brave countrymen are exposed.”— Commercial BuU
lei in, 4th of May.
Awake ! sound the tocsin! for danger is nigh!
The slumber of peace must be broken at last.
Then up at the signal—re-echo the cry, [blast!
And wide thro* the land bear the war-trumpets
Hark! the foe ia upon ua—the peril it near!
The Mexican comes, like s flood in its might!
Now, nine is the hour “ to do and to dare!"
Up freemen! up fearlessly—on to the fight!
Will ye rest liere in safety, regardless of thoao
Who call for assistance your rights to defend T
Can ye pause for a moment while kindred blood
flows, [sccnd!
And the Mexican hawk on tlicir ranks may de-
Will ye coldly consider, while those who have come
To share in tho blessings so proudly ye boast,
Still ask your protection for children and home,
And all that by true men is valued the'most?
Up, up Louisianians! The cry has been brought
Eroin tho fair Rio Grande invoking your aid!
No lessons for valor to you need be taught—
Ye all know your duty; the call ban been made.
11a! hark! The loud cannon already replies!
The summons “ to rally” is hastening by—
Tin- music of drums on tho distant air dies, [fly!
And banners unfurled thro* each crowded street
On, on to the rescue! Your forefather’s fame,
Embalmed in each heart, is cinhluxoncd in story !
Remember! ye all have somo kindred or name
Enrolled thro* their deeds on the annals of glory!
Then on Isoulslanians! again rouse tho spirit
As certain to conquer as prompt to repel!
Away ! with the birthright yo proudly inherit,
To the rescue of Taylor—to Point Isabel.
New Orleans, May 4. MOINA.
MISCELLANY.
ADAM AND THE CHE HUB OF PARADISE.
From he desman </ Krummacher.
A, Abel lay in his blood, and Adam
m ar the slunglilcrt-d one aland and wept
there came lIn* Cherub of Paradise to the
lather of die human race, anil stood si
lently by his side, mid his countenance
was ■■iiiunilul mid sail. Uul Adaiu raised
hi, head, and said—
“1* this sf type of die race dial shall
spring from tnc? mid shall ever the blood
ot brethren, shed by the hand iif brethren,
slain the earth?"
The Cherubanswered—“Thou sny’sl!”
“Ah! by wlml mime shall inen call
this terrible deed ?" said Adam.
Wilh a tear in his eye, the heavenly
visitant answered—“War!" Then shud
dered the fathei of mankind, as be sigh
ed and said—“Ah! why must then the
noble-hearted and the good full by the
band of the unjust f”
The Cherub was silent.
But Adam still more sorrowful mourn
ed, nnd said “Whut consolation now
remains fur me, in iny lamentation (or (he
blood-stained earth?'’
' The Cheruhnnswered and said—“Thy
glance towards Heaven!” He vanished.
Adam stood until the sun set ; and as
the stars shot up into the sky. lie stretch
ed his arms upwards toward Orion ami
the Wain, and exclaimed—“O ye glisten
ing watchers at the portals »l Heaven!
why walk ye on so silently ? If it is per*
milted for mortal to hear the sound of
your voice, Otellofibe silent Land above
and of Abel my loved one!”
Yet was it more silent than ever all a-
round him, and Adam cast himself upon
his face and adored ; and then rushed in
his soul a gentle whisper, “Lo! Abel' rby
son livtth!”
Thence be went forth in trustful hope,
and hissool was calm, and full of mourn-
T
WRONG HABITS.
, h >• wrong habit to he continually fiod-
■Og fault with our ncigldmrs. It alienates
friendship, destroys good feelings, and
gives occasion for quartets, animosities,
agd litigation,.
ft is wrung habit, undone that is attend^*
ed with the most serious consequences,
for patents to lm always finding fault with
their children. *
_ R fs very wrong habit] nnd one which
give to the English Senate many eminent
Sc dignified members; but it is after all, a
transmissible talent, which riches and ed
ucation have uniformly developed and
strengthened. The many self-made men
who, from the most bumble beginnings,
have elevated themselves to the highest
rank, and are now in Congress, are char-
arterislic trails in the history of ourcoun*
trym-n, and show how superior nature it
to artificial embellishment, and what per
severance anc! indomitable energy will
finally rflc.t.
Look at this newspaper, said one Sen
ator recently to another; see how that
scamp abuses me!
Well, the freedom of the press must be
sustained. There is no ‘divine right’
which exempt senators from its scruti
ny.
Very true: but the ungrateful hound
of an editor should never have attacked
me. Why, sir, he came into our village
n ragged fellow, nnd I bought the cloth
and made him die first good suit of clothes
he e\ er wore.
The devil you did ! Why, then, you are
a tailor?
To lie sure I am.
Why, how came you to he a lawyer ?
Oil, that was one ol the contingencies
ol getting on in the world. I was once a
common soldier under Gen. Jackson du
ring the Indian wars, nnd lM*sidcs that
honor 1 hid fair to become a common drun
kard ; and when I got hack to ourvillage
I got into so many scrapes—whipped so
many fellows—that I was thrown into
jail for the Sheriff's fees.
How did you manage to get out of that
difficulty.
Why, my brother finally paid the costs
nnd invited me to study law with him.—
You made rapid progress no doubt ?
Not very rapid. The dilficulty was,
that 1 Imd never learned to reud ; so 1
ducated tnysell and studied law ul the
same titm—got admitted—went further
west—got into practice—got into the leg
islator!—got into Congress—and, cccc
siguum, here I am in the Senate.
That Senator is a sensible, well-inform
ed, intelligent citizen, fit for tiny station.
Sum Houston, Senator from Texas, is on-
oilier of those rough and remarkable gems
—like the rocky ami sterile surface of
the Alleganies, full of mineral riches be
neath. Sam was originally a carpenter
in Nashville—turned out the shaving from
his plum*, ami resolved to go ahead while
making grooves ami uiorliscs ami nailing
up posts and sashes, lie liecatuc gover
nor of Tennessee, fought as a common
soldier in the Indian wars, and secured
by his courage, and perseverance, the
lilwrty and iudc|M-mlcncc of Texes.
Then*, said Gen. Jackson, having a
map of Texas before him—there is Ala
nm! Now, il the Mexicans separate their
forces and come down this pass, and Sam
can catch them under the brow of that
range of hills, he’ll lick’em, and take San-
ly Anny. You’ll sec.
’ Just as the old General predirted, so
il lurncd out at San Jucinto. The En
glish would have made Gen. Houston a
duke for achieving such a victory. We
see the progress ol events—Gen. Houston
is in the Senate.
One dnrk, stormy evening, some years
ago, a little alter tea time, we were com
ing down Nassau street, and on turning
Fulton, came upon a tall athletic man
wrapped in a blue cloak.
Win* goes there ?
A Irtend! It was Sam Houston.
I am going by invitation l > a Hireling of
clergyman, ul the comer of Ann and Nas
sau streets In make a speech about the best
mode of reforming the Indians. Come
along Major.
We did go and beard a most able and
interesting discourse, showing his famili
arity with the red men, and deprecating
the’course pursued-lo reform them, by
giviog ihem religion first, and tbeu edu
cation and industry. He was practical
and convincing; but they did not carry
out his propositions. .This is a class of
mm we find in the Senate—men not made
oAFbnntf by the tailor, but fashioned by
nature for persevere nee, courage and con
stancy.—Noak't Messenger.
more distant volunteers will be held in
reserve, to bide their time, if they are
wanting. We understand that offers are
pouring in upon the President. Among
them, that we can call to mind, is a reg
iment from Pennsylvania, under Gen.
Sherwood; a brigade from N. York, un
der Gen. Gibbs McNeil. Offers of ser
vice in various forms are made.—Union.
THE SPIRIT OF THE PEOPLE.
The government is “assuming (to use
Mr. Madisnu’s celebrated language)the
armor and the attitude demanded by the
crisis.” The President antf his cabinet
urc now actively engaged in organizing
its military and navalTofccs under the re
cent act of Congress. He is in- constant
communication with bis secretaries, add
in frequent consultation, night and day,
with bis cabinet,
In 80 days after the fiery torch is pose
ed through the land, we shall have the
displays hut little smdoni lo be continu- 50,000 voluoteeisoffering to take the field
•Hy finding fault with oursituatioqandiTboee who live near the scene of action
circumstances.. j will probably be first called out; but the
A BENEVOLENT ACTION.
A Paris correspondent of the Courier
dcs Etats Unis relates an interesting an
ecdote of Mr. M , a rich but eccentric
individual iu Paris. He had retired from
husinesb with a yearly income of one
hundred and fifty thousand livres. He
was catcful to preserve his principal un
touched, hut was in the habit of spending
all the interest. His ordinary expenses
eie manage,! wilh method and econo
my—but the amount which he disposed
of in charities was quite large—and he
always kept oo band a considerable sum
to be expended in any emergencies which
might occur, and sometimes he found no
little embarrassment in getting rid of this
reserved fund.
Not long since he found, he had on hand
one thousand crowns, which he was anx
ious to dispose of. While be wa3 debat
ing with himself how he should spend it,
one of die chimneys ot his hotel took fire.
The ularm was given—the firemen were
first tailed—afterwards the chimney
sweeps to sweep the other chimneys: a-
mnng them was a little bright-looking Sa
voyard,who, ragged, and soiled as he was
with soot, gaily sung his song. Mr.
M regarded him with interest. The
song was nmusingand caused him to smile
—and his heart was warmed towards, the
little sweep.
My little friend," said Mr. M. , “I
think I must make you a New Year’s
present.”
“Manv thanks, my good Sir,” replied
the Savoyard, showing two noble tiers of
polished ivories, “I shall be pleased to
receive it.”
"You seem to he perfectly happy,”
continued Mr. M , you sing in excel-
nt spirits. You are of course contented
wilh your condition.
Yes, Sir, I am contented—hut—I
should he much belter contented il l could
have remained in my own country, with
tnv dear mother nnd sisters.”
“Anil what hinders you from return-
mg ?”
Oh," said tho little sweep, “it is very
easy to talk al out il—hut I cannot quit
the business of chimney-sweeping until I
e made a fortune.”
How! a fortune? how much is that ?”
A great deal! No less than two thou
sand francs, which I shall have to collect,
sous by sous, which will require at least
ten years. Y’es, ten years .roust pass be
fore I shall be able to see my mother a-
garn and my dear native mountains!”
said the boy, while a tear glistened in his
eye.
You shall go lo-morroic, if you like.”
saiil Mr. M
Are you joking with me sir?”
No—I tell you, you may leave Paris
ns soon ns you like. Your fortune is
made!”
AVhat! my two thousand francs!”
Yes and more—l will give you three
thousand. Go, find your master—and
bring him here.
The master was found, the whole mat
ter arranged, and the bright little Savoy
ard, weeping with joy, and clad in his
appropriate costume departed the next
day for his native mountains to embrace
his mother and carry happiness into her
humble collage.
COMPLIMENTARY.
The following paragraph is copied
from the London League, a paper sus
tained by the Ami-Corn Law League in
England:
The American Free Trade Lenders.— We
have the pleasure to announce the receipt
by the League of a gratifying present
from America.—Henry Gourdin, Esq.,
of Charleston, South Carolina, has pre
sented to the Council (be busts of the Hon.
J. C. Calhoun and Geo. McDuffie, ihe
Villiers and Cnbdeo of America. These
busts of the distinguished leaders of the
Free Trade party in America, aud the
advocates of peace, have been placed in
the Council Room, surrounded by the
Various portraits of their contemporary
labourers in the same good cause m En
gland. We hope this is the commence
ment of a collection of distinguished Free
Traders of all nation*.
an object which took the spectators by From the Georgia Journal.
surprise—a body, clothed in the sacerdo- THE SUPREME COURT,
tal habit, fresh as that of a man who died This Court was in session in this place
but yesterday. The color of the cpider- j the past week. Il was largely attended
mis, firmness of the flesh, the hair, the! by the members of the bar, and the cates
nails, all were in perfect preservation, i b*/ orc * l wo . re argued with great ability.—
The flesh yields beneath the finger like Throughbe politeness of the Reporter,
soft wax; the limbs have kept their sup-:‘V' kelly, Esq., we are enabled to pre-
lences in.1 Per,’Lillie ifo, uJth are : • enl our readers with the decision* of the
lencss aod Hexrbility, the teeth are entire, | Collrt jn ,j le cawl Brgacl t before it.—
regular and white as ivory; and the very l These wiH be found below,
eyes, but half closed ky^the eyelid, have The Geo. huurance Si Tout
preserved a portion of their brightness.
The dead man wears a cassock of pale
blue silk, interwoven with threads of
pure gold, and a linen gown extremely
fine, and trimmed wilh lace. These gar
ments worn so many hundred years, seem
quite new. Round the bands clasped on
the' breast, is twined a rosary- of while
pearls, strung on threads of gold to which
is attached a small box in the shape of a
medal lion,made of a metal whose compo
sition is unknown. The medallion con
tains, on one of its faces, the following
inscription, in characters which suggest
the dale of the eleventh century :—“Otto
lsnperator Parocho Irbicchiano scvlptori
excellentisimo. : ' “The Emperor Ollio to
the Curate of Urbach, a most excellent
sculptor.” On the reverse is the figure
of the Good Shepherd. Being opened,
(he box was found to enclose a lidded
parchment, containing letters of gold and
ultramine. The ancient text is difficuli
to decipher, but records that the priest in
question, one of the greatest artists of his
age, is the author of the wondrous sculp
tures, representing scripture subjects, on
the principal front of the high altar, and
that the sculptured pulpit, which was the
greatest ornament of the church, is from
his chisel. The artist curate must have
been in matters unspiritual, one of the
greatest men ofhis day. The body mens
ures, from the crown of the head to the
sole of the foot, seven feet eleven inches,
Rhenish measure. Tho feel nearly cov
ered by the cossnek rest on a fidio volume
of parchment, whose first leaf displays
the title, Chronical Strculi XI.
TRY AGAIN?
From Richmond Su
perior Court.
Co. plds. in Error,
TS
Ju. S. Oliver, deft, in Error.
Judgment below Affirmed.
Held that a Garnishee is liable for the
interest upon the debt due by him to the at
tachment debtor upon a liquidated demand,
when he takes no steps to pay the fund in
Iris hands, or place it subject lo the order of
the Court—and where such Garnishee re
sists the claim ofhis creditor os in this case,
he is liable lo all interest accruing upon
such claim.
Miller for Pl’fls. in Error.
Gould, for DePt.
Ifarmwm St Wright, Adin’rs,
of Butt#, plfli. in Error,
In Equity from Put
asm Superior Court
Walker, deft, in Error.
• Judgment below Affirmed.
Rilled that the amendatory act of the
26ih June, 1806, providing that a plaintiff
in iase of non suit or discontinuance of a
suit, commenced within time, may in such
case renew his action (once onlv) within
six inonilis thereafter, was repealed by the
act of December of the same year.
Cone, for plaintiffs in Error.
Hnrdcmiiii, for defendant.
Note.—Since the above decision of the
Supreme Court was made, a gentleman
from Savannah lias informed me, that in
the case of Garrar & Davis vs. Arthur Gin,
in the Silt Circuit Court of the United
States for the District of Georgia, at the
late term of that Court, Justice Wayne and
Judge Nichull presiding, a similar decision
was made.
Cameron and others, pl'16,
in Error,
Johann & Pfrek, ITflh ia Error, I Auuapsit from
rs. | fccriveu Supcri-
Ballings!, Defendant in Error. | or Court.
Judgment below Affirmed.
Held that illegality of tonsideration can
not be given in evidence, under the gener
al issue. . .' ’’’ . , ,
The pica of the general issue mads It in
cumbent upon the plaintiff to prove his
cause of action in manner nnd form set
forth in his petition, and no riiore, which
was done in ibis case by the introduction
in evidence of the bill or draft declared on.
The Court was bound to presume that ihe
coasideration was legal, nothing appearing
upon the bill to ihe contrary. The defen
dants then seek to aroid this contract in
the hands of a bona fide holder by the proof
tendered. This is wholly inadmissible.—
The plaintiff if called upon lo reply to
matter set up by proof which hid not been
pleaded, and of-which, he could not bo
presented to hnvobnd notice by ihe plea of
the general issue. Lumpkin; Judge, in de
livering the opinion of the court; remarked
that this court will hold parlies in their
pleadings strictly to the judiciary act of’99,
which proves that the answer of the defen
dant shall be in writing, and plainly, fully
and distinctly set forth the cause of his
defence.
Black for Plaintiff
Starnes for defendant.
Lockwood, Pl’fT in Error, I Debt upon In unction
vs I Bond, Morgan Supcri*
Saflbtd, Def’t in Error. | or Cuurt
-Judgment below Reversed.
Held that the cccntual condemnation mon
ey is ihe auiouul dclenmncu by the limit
judgment ol the Court in ihe cause. In
the case at bur, pending the injunction
which enjoined certain morgugc n las, the
matters in controversy -were submitted to
arbitration aud an award made. Tho
judgment of the Court thereupon consti
tutes lire evidence of what is the eventual
condemnation money iu this cause.
llucsc, J. 11. Mclicnry & Cone for
Plaintiff.
Foster and Dawson & McHenry, for
Defendant.
BV «*. B. BRADBURY.
MOST INTERESTING DISCOVERY.
The Rhenish pa piers mention a discov
ery, of very curious interest, that baa been
made in recently demolishing an ancient
church of Urback, which dates from (be
earliest period of the middle age, and
was tottering to its fall. Enclosed in the
wall of the choir, whicb.-is four feer thick,
has been found a marble coffin, nine fret
four inches in length, and adorned with
figures of relief finely executed. The
opening of this poffia was a difficult task,
the joints having , bgencovered .with the
cement which ha* acoujred tho .hairiness
of. the marble itselC It imd, accordingly;
to be broken ipta from the foot, & revealed
Tis a lesson you should heed,
Try, try again;
If at first you don’t succeed,
Try, try again *,
Then your courage should appear,
For if you would persevorc,
You will conquer, never fear,
Try, try again.
Once or twice though you should fail,
Try, try again;
If at lust you would prevail,
Try, try again;
If we strive, 'tis no disgrace,
Though wc may not win tlio race;
What should you do in that case ?
Try, try again.
If you fiud your task is hard,
Try, try again;
Time will bring you your reward,
Try, try agaiu;
All that other folks can do,
Why, with patience, may not you ?
Only keep this rule in view,
Try, try again.
Debt on Administration
Bond from Richmond
Superb Cour^
THE USE AND ABUSE OF WEALTH.
Most of our readers have heard of John
Jacob Astor, of New York city, the Roths
child of America. Commencing wilh small
means, he has pushed his adventures
in (be fur trade, in real estate, and otli-»
er enterprises and speculations so earnestly,
so steaddy, and so successfully, that lie
has accumulated wealth which is lold only
by millions and tens of millions. It is sta
ted in the book of (he “Rich Men of New
York,” that those knowing his affairs best
place it al thirty miliums. Al a moderate
estimate, his income must be two millions
a year, or $168,000 a monih, which is a-
bout $41,500 a week, $5,760 a day, $240
an hour, and $4 00 per minute.. Sleep or
awake, active or idle, this income comes
pouring in with such d profusion, that room
can hardly be found lo store it.
And what is the benefit to John Jacob
Astor ? The sunny days of bis youth and
manhood are over; the elastic step, the
bright eye, the flush look, the clear con
ception, the energetic will are gone, leav
ing neither ability lo acquire, nor Ihe power
to enjoy, if ever he enjoyed. He is descri
bed as an old man—a very old man—de
crepit, bent-down, almost deaf and blind,
seldom leaving hit room, and when a* rare
intervals he bobbles into the street, suppor
ted by friendly - bands, that he may enjoy
-for an hour the sweet sun, whichsnine* for
all'as well as for him, common pity ia mo
ved by’ihe sight. Indeed, it has been sla
ted, whether truly er in exaggeration we
will not sny, that a poor man reduced lo
starvation was rushing by with ibe purpose
of terminating bis existence by plunging
into the river, when the .spectacle of this
aarae old millionaire changed bis purpose,
thinking he ought to be reconciled to his
lot, v hen he saw one whose condition was
so much worse than hi* own.—Congrtgo-
Honed Journal..
The Jiwlices of tlio Infra*
rior Cuurt of Richmond Co.
for tlic use Sic. Deft, ia
Error.
Judgment below Reversed.
Held ilial in a suit upon an Administra
tion Bond against nvo administrators and
their securities jointly, alleging a joint de
vastavit against Loth, a judgment recovered
against ono in his representative character,
and return of nulla bone on the fi fa is not
admissible in evidence.
Miller, for plaintiffs in Error.
Gould, for defendants.
Thomas, pl'S*iu Error,
vs Debt (on note of Tct-
Hardwick, Executor of tutor) from Hancock Su-
Gilbbort, Deft, in Error, peri nr Court.
Judgment below Reversed.
Ruled in this case, that the removal of
an Eqcctulor for misconduct pending a suit
against him in his representative character,
docs not relieve him from the suit. The
plaintiff in such case, may proceed against
such defendant executor to final trial and
judgment, notwithstanding bis removal
from the executorship,nr may make Ihe ad
ministrator de bonis noneum teslamenlo nn-
nexo a parly defendant, und proceed against
him, at lus option.
Note—The rights of the plaintiff in this
case, accrued before the passjng of the act
of 1845, upon this subject. The provis
ions of which net were, therefore, not con
sidered by the Court.
Thomas, for plaintiff.
Dawson, for defendant.
From Sc riven Superior
Court.
baa^Bryan Si Elijah
Roberta, pl'fis in Error,
The Justices of tbt In
ferior Court of Sc riven,
Drfts. ia Error
The transcript of the Record in the a-
bovc cause was transmitted to, and receiv
ed by the Clerk, and docketed by him be
fore the meeting of this Court at the present
Sleep is one of the greatest restoratives
of the system. It renews the daily flow
of life, recruits the. toil-worn energies so
that notwithstanding our many and daily
physicaltransgressions, we_generally rise
fresh and vigorous in the morning,' again
to pursue oiir downward way. What a
blessing is sound refreshing sleep!
- - A Judge in'Kentucky .has decided that
a dandy n a nuisance. •: *
Ilanlcc, et. at., PTffin Error,
Rule againxt Sheriff,
<rom burla* Superior
Court.
Stovall, Simmons, Si Co. De
fendant* in Error.
Judgment below Affirmed.
Held, that u judgment (irum which an
appeal is entered and allcnt aids is with
drawn or dismissed,) lakes hen from ils
date und not from the dale of the with
drawal or dismissal,
blames lor Plaintiff*.
Jenkins for Defendants.
Tuttle
Wulton.
From Richmond Superior Court.
Judgment below Affirmed.
Held by the Court, that a by-law of tho
Insurance & Banking Company of Augus
ta (an institution incorporated by act ol the
Legislature with jiowcr to make by-laws
for the government of tho Company, pro
vided they are not repugnant to the Con
stitution or laws of this Stale, prohibiting a
transfer of stock by a stockholder indebted
lo tho institution, was not contrary to the
laws of this Slate, nor against public |iolicy,
nor in restraint of trade, so us to defeat a
lieu created by such stockholder’s indebted
ness to tlie Company prior to tlio rendition
of a judgment under which the stock uus
sold und purchased Ity the Plaint ill in Er
ror at Sheriff's sale with notice of such lien
—though such purchaser was the judg
ment creditor.
That such act was valid and binding, as
between tho slock-holder and Conipauv;
and a purchaser al SlierifTs sole, with
notice of tho lieu, only acquired such title
as was in the Defendant m execution.
Nisbcl, Judge, dissenting.
Jenkins, for Plaintiff,
Miller, for Defendant.
Choice, by Guardian, Pfff In Error t Iu Equity
vs J from 1’uioam
Marshall, Defendant in Error. , | sSu|/r Court*
Judgment bciow Reversed.
Ruled that a bequest-lo A., duriug lier
natural hfe, and t hen to Uu heirs of her body
... . ourt at the present U m. auh npt «o c cMc '' B n cKf^
term ; but no A,jngnmem of Errors was filed nud vu(l A ., the Mmolutc estate,
in the Clerk’s office, either on or before the
Grsl day of the Term, in conformity wilh
the XXIII Rule of this Court. Iu fact,
neither of the Plaintiffs iu Error, nor their
Attorney of Record has been in attendance
upon the Court during the term, and the
request to counsel here to represent the
plaintiff in Error, did not reach him until
the second day of the Terra, when an As
signment of Error was prepared sad lender-
ed to the opporing counspl.
Starnes for defendants in Error, refused
to join issue, and now moves tlie Court to
dismiss the case under tlie above Rule—
whereupon tlie.Court sustained the motion,
and the case was accordingly dismissed,
and stricken from the docket.
Broughton, FFIE ia Error, I, . _
V* I Covenant front Greene
Badget, Deft, iu Error, t Superior Court
Judgment below Reversed.
Held that a bill of sale in a sh vc con
taining warranty of soundness, cannot be
transferred by Indorsement so n* to vest m
the transferee the right to w« m bis ovtn
name ona breach of thb .warriinijr.
The ast of *99 respecting the negotiabil
ity of Bonds, and othor specialities, arid
promissory note* and other liquidated de
mands, whether for money or other trim*,
(Prince 426.) by indorsement, ha* no ap
plication to bill* of sale or otherconveySn-
ees with or without warranty, but mbit ap
ply (o such instruments Only as are intend-
to secure the payment of a demand either
ia money of'WKar thinsul'iquldetedf A-
greed off and tattled by iKa partita to it.
Jjkwao* 4,MeHeary, for planuif!.
Cone for defendant.
a., me at
under the laws of Georgia.'
Cone, for Plaintiff,
Wales, Sl Dnweotrfif McIIcnrv for DcPt.
The Justices of tho Inferior
Court of Morno county for
the me Sic., I*ffl* ia Error,
Del# on Guardiau’s
Bessie, from Morgan
Superior Court. ■
Wiliam Wood, cr.d John
Va»n, Def’s in Error. .
Judgment below' W/krwteiLM|
Held that the Cmuidf Ordinary couhl
laot discharge a ucctu*P&>tn past, but only
fotuF& liability. That new securities, to a
Guardian s llynd, arc bound for ail his lia- *
btlittes, both past and future.
That ip make the first eecuritfds liable .
on their b6ad,'tb(!‘plaintiff must cslobtish
affirmatively waste, oj- maf-odminislration;
by the guardian prior lo the discharges
That the bar* reception of the money or
effects of tho Wnnl by.the Guardian, prior
to the discharge, is uol sufficient in jGiw to
render the security liable. ;
—A gentleman, who split lo ua for a num
ber ol copies of tlie Journal,
for S or 9 years himself ami
been upon the dietetic role
they have made free ust* oi t
1 ’ling, and that, by, o
thr* free use of watt-
externally, they have, not,
-“’out a shilling Inr *
greatest good t« be
