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THE AVGUST 1 BRIDGE CASE.
Retea-eot Henry Snauz to rhe Hank of the
State of Georgia, IS. 1829.
STATE OF SOUTH CAROLINA, i
Edgefield District. S
KttOW ALL HUS BV THEBE PRESESTS, That I,
Henry .Shu-.tz, ot sai'i district amt state, tor and
in consideration of the release this day made,
and the sum of ten thousand dollars this day
paid to me by the Bank of the State of Georgia
hive dnnised, released, and for ever qa telai.ned
anlre i tq .iswd for m/self, nv heirs, 7
and 'd nimstrators, and by these presents do de
mise, release, and for ever nuttclaim and re,in
qnish unto the Slid Bans of the State of Geor
gia abires dl, tneir successors and assizes, al
my right tide and interest, claim and dem md .f,
in and to tne Augusta Bridge and ns appurte
nances, and the f md of sev ntv th msand dollars
arising from the sale thereof t>y Chr.stoph-f
Fi ni tons and Freeman Walker, as commis
si mors appointed for that pur ioso, together with
the interns' accruing thereon, and to all other
pro >ertv, both real and personal, which the Bank
of ths State of Goirgiiaf ires lid derived or claim,
parti lily or entirely, directly or indirectly, from,
by, thro’ or under me; and to all and all manner
of action and actions, ca ise and causes .faction,
suits, bills, bonds, writings, obligations, debts,
dues, reckonings, accounts quarrels, controver
sies, damages, demin is, sum and suns of mo
ney, judgm mts, executions, trespasses, and da
mages whatsoever, both at law or in equity, or
oth rwise h iwsoever, which against the B ink of
the State of Ge irgia aforesaid, I, the said H nry
Shults, ever had, now have, or which I my heirs,
execut irs or al ui iistrat irs, can, shall, or may
have, claim, challenge or d mind, for or by
reason or means of any act, matter, cause or
thing, from the beginning of the Woild to the day
of th- date of these presents.
And I, the said Henry Shultz, do hereby co
venant, grant, promise and agree, to an 1 with the
Bank of the State of Georgia aforesaid, that 1
will immediately discontinue, with ir-w. dismiss,
relinq lish and for ever aaa'idoa. all suits and ac
tions. and all other proceedings at law or in equi
ty, which I may have heretofore common'ed or
Instituted against the Bank of the State of Geor
gia a'ores lid. i i the state of South Carolina, or
Georgia, either in my ow i right or name, or in
the naros or right of Bridge bill-holders, or the
holders or owners of judgments founded or ob
taine i on Bridge bills, or in the name or right, or
for tne me or benefit of any other person o-per
sons whatsoever; and that I will not, under any
pretence, engage In a y tuiure suit or action, or
othei proceeding at law or in equity, ilth -r as
prin dpal or agent, agilnst the Bank of the State
of Georgia aforesaid, or for me purpose of com
pelling them to pay Bridge bills, or in any way
to a-.c mnt with the holders or owners of judg
ments recovered upon sucn bills; nor wid I, as
agent or otherwise, ail or assist i i the prosecu
ti hi of any bill in equity or s'lit at law, now pen
di ig to coerce the Bank of the State of Geor
gia aforesaid, to the payment of such bills or
judgments as aforesaid.
In witness whereof, I, the said Henry Shultz,
have hereu ito set my h ind and seal, this fifteen ill
day *f kentember, in the year of our Lord one
thousand eight hundred and twenty-nine.
Signed, HEN'tY SHULTZ S.j
Signed, sealed and delivered in pre- i
senoe of— T. G Lamar a
JOHV IV. VVILDE. 5
( opy.)
Hamburg. 2lat September, 1829.
SrR Having settled all matters of differ
ence with the Bank of the State or Georgia, and
assigned the interest I have in the proceeds,
sales of the edicts of Barna McKinne as a judg
ment creditor or otherways, I now withdraw al
eiai n to any am mat in your hands as commis
sioner tn equity, and direct the same to be pai:
to Samu I Hale, asdgneeof Barna McKinne, so
far as I have interest or concern.
(Signed) HENRY SHULTZ.
To Whitfte'd Brooks, Esq. Cotnmissionvr in Equity
Edgefield District.
(Copy.)
Hamburg, 21st September, 1829.
Sir:—Having settled all matters of difference
with the Bank of the State of Georgia, you will
forth vith discontinue all suits in law, or in equi
ty, in which I am a party, an I if you can speed
ily facilitate the order ot th? court o eq iity, to
continue the Hank in the quiet and peaceable
possessi n of the bridge, vou will much oblige.
(signed.) H NRY’ SHUuTZ.
Messrs. Buller & Griffin, \tlorneys at Law.
In the Sixth Circuit Court of the United
Slates, District of Georgia*
Usury Shultz and Chris-')
TIAN BrEITHALPT, I
vs. YIN EQUITY.
Ths Bank or the State of |
Georgia, et. al. J
This cause ca me on to be heard on the
amended Bill, answers, exhibits and evidence,
and lite Court having considered the same: it is
ordered and decreed that the sale of the Augusta
Bridge, made by virtue of certain powers oi at
torney, an I the c >nsent of me parties, and held
and conducted under the direction of the com
missioners heretofore appointed by this Co"r .
be and the same is hereby ratified and con brined,
and the said Bank of the State ot Georgia,
vested with full, absolute, and perfect title to the
said Bridge, and its appurtenances, under the
said sale, treed, acquitted, released and dis
charged from all manti r of liens, claims, or in
cumbrances at law or equity on the part ot the
said Henry Shultz, John McKinne, Barna Me
Kinne, Christian Breithaupt, or any other per
son or per-ans, parties to the said Bill ot Com
plaint. All it is further ordeied and decreed by
the Court, by and with the consent ot the parties,
sued by the Bank of the State ot Georgia, for the
sum of seventy-one thousand six hundred and
eighty-six dollars and thirty-six cents, and dated
the fitteenth day ot February, in the year ot mi
L irdme thousand eight hundred and twenty
three, be cancelled and delivered op to the sai
Bank by the Clerk of this Court: and that th
bond of Christian Breithaupt, Alexander Me
Kenzie, and Dimos Ponce, in the penal sum o
ten thousand dollars, dated the tweniy-fifth dat
of June, in the year of our Lord one thousan
eight hundred and twenty-five, and filed in ih
office of the Clerk of this Court, be cancelled
and that the said Bill of the complainants, as t
the several other matters therein contained, b<
dismissed with costs.
We consent and agree that the foregoing de
cree be entered at the next or any sueceedin.
term ot the Sixth Circuit Court United States
District ot Georgia.
GEO. McDUFFIE, Solicitor for Comp’t*
R. H. WILDE, Solicitor tor Delfts.
The within decree having been drawn up
agreed to, and subscribed by the Solicitors ot
behalf of the parties, complainant and delen
dant, on motion of Mr. Wilde, ordered ihat th
same be filed and entered as the de ree ot thi-
Court. WILLI\M JOHNSON,
J CUYLER.
Filed Bth May, 1830, and entered Min. F.
G. GLEN, Clerk.
United States, ) I, George Glen, Clerk o'
District of Georgia J the Sixth Circuit Court ot
the United States lor the District of Georgia, do
hereby certify that the foregoing is a true copi
of the original decree filed and of record in m>
office, in the cause of Henry Shultz and Chris
tian Breithaupt against the Bank of the State of
Georgia, in equity.
In witness whereof, I have hereto sei
, . my hand and the seal of the said
JLS. > Court, this nineteenth day ot
* ’ April, in the year of our Lord
one thousand eight hundred an
forty-one.
GEO. GLEN, Clerk.
I, John C. Nlcoll, Judge of the District Court
of the United States, in and tor the District m
Georgia aforesaid, do hereby certify that George
Glen, who hath signed the foregoing certificate,
is the Clerk of the Circuit Court of the United
Slates for the Sixth Circuit and District of
Georgia, and that the said certificate is in due
form.
Witness my hand, this nineteenth day of
April, in the year ofou l- Lord eighteen hun
dred and forty-one.
JOHN C. NICOLL,
District Judge for the District of Georgia.
IN CHANCERY— Edgefield District.
J. W. Yarborough, Trustee of)
Henry Shultz, and others, I
TO S. JUNE, 1844.
The Bank or the State or I
Georgia, and others. J
In 1812, the Stat® of South Carolina cran'ed
to Henry Shultz and Lewis Cooper, a charter for
a bridge over the Sava-mah river, ex tending from
this State into the town of Augusta, for the term
of 21 years: and in the tear 1814, the State of
Georgia granted a charter for 'h, same bridge
for the term of 20 years. In 1816, the sil l Hen
ry Shultz and John McKinne formed a partner
ship in the business of banning, und r the name
and s yleof the Bridge Company of Augusta.—
Being then the joint owners, they entered in the
partnership book of ihe company, the bridge val
ued nt fi7>,ooo, and other property as the part
nership stock, with various stipulations which it
is not necessary to recapitulate. On the 2lst of
April, 1818, the cmnp'ainant Shultz so>d and
transferred his interest in the partnership to Bar
na McKinne, conveying the bridge a id other
real property The consideration for this trans
fer, was the sum of #->3.000, in which Shultz
was indebted to the firm, and which was paid by
giving him credit on the books of the firm, end
charging the amount to B irna McKinne. Th.-
Company becoming greatly embarrassed, in con
sequence of the failure of certain mer antile
firms, with whrh John and Barna McKinne
were connected, and being indebted to the Bank
of the State of Georgia, in the sum of 819.000,
anplied to the bank for a further advan e of 350 -
000. The evidence is that in making the app<’-
eatlon to the Ban., for an advance of 350.000
the obie t ofit la stated to be to relieve the Bridge
Co'np’ny, and enable it to wind up its affairs;
but after the loan was effected, only a portion o
the sum, perhaps two-fifths, was applied to the
use of the company. Notes were given for the
advance of 859 000, signed by John McKinne,'
and endorsed by Barna McKinne and J tines
Lampkin. To secure the payment of the entire
sum of 890 000, a mortgage was executed by
John and Barna McKinne, of the date of the 3d
of May, 1319 of eighty negroes, the property
of John McKinne; of McKinne’. warehou-e
square, and of the bridge, conditioned to be void
as to the negroes upon the pavment of §IO,OOI,
and upon the payment of the remaining 850 900
to be void altogether. In consequence of some
mistake in the corporate name of the bank, an
other mortgage of the same tenor and effect was
executed on the lOib of lune, of the same year.
On the 29th of May, 1819, the Bridge Bank stop
ped payment. Upon being apprised of this, the
complainant Shultz, who had made arrange-
r.w rr.aina t > Europ returned and res uni
nia • i ilhe firm, bv some agieement with
Barna McKinne. who quitted it and took no fur
t'<er share In the management ot its business.—
The evidence is. that Shultz advanced 815,0'0
of his own fin ds to pay the deposits in the
Bank. An advertisement was issued risned by
John McKinne and Henry Shultz, and Barna
Me Cinne, stating the resources of the Hauk in
order to prevent the holders of the Bridge bills
from saerifi i'ig la-rn; with a n .lice sign, dby
John M.Kmneand Henry Shnliz, advertising
forsale a number of n- grots and til-- bridge, and
stating that before th ■ making of ti les t > the lat
ter, the lien which the Bank of the St ite of Geor
gia h’d on it should be removed. By a deed
bearing date the first of July, 18-0, Barna Me-
Kinne reconveyed, released and quitclaimed to
Henry Shultz, all his interest in the firm or its
propertv. Tne mortgage to the bank is charged
y the bill to be void, by virtue of the act ol lhe
State of Georgia, which provi les that if any per
son unable to pay his debts, shall make “ any
assignment or transfer of real or p-rsonal pm
perty, stock in trade, debt, dues or demands, in
favor of any particular creditor, whereby other
creditors shall be excluded, “such assignment,
transfer, deed ir conveyance shall be null ami
void, and considered in law and equity as fraudu
lent against creditors,” provided nothing in Lie
act cohtaine ' sh ill prevent any person front bona
fide selling any portion of his properly.
In 1811, a petition was filed ml beh ilt of the
Bmk f 'he State of Georgia, in the Superior
Court for Riah-nond county, Georgia, praying for
a foreclosure of the mortgage, and at May I erm
of that year, a rule was issued, directed, accord
ing to the practice of that Stale, to John and
Barna McKinne, requiring the n to pay the
amount of principal and interest due on the
mortgage or to foreclose. This hiving been
served and no defence nude at May Term, 1822,
lhe rule was mide absolute an I the defendants
w re decl ired to be forever foreclosed. The sum
of 859 191 wib adjudged due to the Bank fo
thei d.-bt. principal and interest rind the sum of
iollars to their costs. It was turiher or
dered Ul i decreed, th it t ,e mortgaged prooerty
should be sold, and the surplus, if anv, paid tn
the mortgagors. No sale was made under this
decree, as the sale was enjoined, on a bill filed by
Henry Shultz, Christian Hreithnupt and others,
against the Bmk of the State of Georgia and
others, in the Circuit Court of the United Stales
at Savannah, for the purpose of obtaining a sale
under the decree of ihat Court, so that a full and
unencumbered title to the whole bri Ige might b
made t > the purchaser, and praying that the pro
ceedsofthe sale might b. tpp’ied to the payment
of the creditors of the Bridge Company, and
particularly t • the holders o certai judgments
founded on bridge bills. In this case, by consent
of parties, an order wits made for lhe sale of tho
bri Ige, and Freeman Walker an I Christopher
Fitzsimmons,Esquires, were appointed ommis
si mere for the purpose of making th-t sale, and
it was ordered that the parties should execute
powers of attorney for that purpose to tne said
commissioners. In pursuance of this order, a
power of attorney, signed by Christi in Breith
aupt and Henry Shultz, was executed on the
19th of January, W. Th- sale was male ac
c irding'y on the 23th of November. 1322, and
the Bink of the Stale of Georgia became the
purchaser at the price of 870 00'J. For this
amount, the Bank issued scri t, which, by lhe
order of the Court, was dep isired with its cierk.
The ease was afterwards certified to the Su
preme Comt of the United States, upon a divt
si on of opinion between the Judges of the < Circuit
Court, and at Janutry Term, 1828, was dismiss
ed for want of juris ii tion. The ground ol the
dismissal was that the bill contained no allega
tion, that parties plaintiffs and defendant, wen
citizens of diff >rent states. Upon this a negoti
ation for a compromise look place. Some diffi
culties were experienced in the course of lhe ne
gotiation, but in consequence of it, and with a
view to the compromise, the cause was by c in
sent of pirties, reinstated on the docket of the
Supreme Court, and removed to the Circuit
Court. The necessary amendment being made,
a final decree was mad-: by consent of nil parties
on the Sth of May, 1830.’ By that decree, the
sale made by the co nmissioners in 1822, was ra
tilled a id confirmed, and the Bank of the State
of Georgia declared io b. “ vested with a full, ab
solute and perfect title to the s ild midge, and its
appurtenances, under the said sale, freed, acquit
ted, released and discharged from all ntanne of
liens, claims or incumbrances, in law or equity,
m th.! part of lhe said Henry shultz, John Mc-
Kt ne. Barna McKinne,Christian Breithaupt, or
any other person or p rsons parties to the said
bill of complaint.” It was f irthe-decreed, that
the scrip issued by the Bank should bn cancelled
and delivered up to it, an 1 the bill dismissed as
to all other matters contained in it.
This decree was entered in consequence of the
compro nise whi h had alrea iy been carri d imo
effect by the parties to the suit. The Bank of th.
State of Georgia paid to Christopher Fitzsim
m ins and Christian Breithaupt, hold -rs of ju tg
ments founded on bridge bids, and to the com
plainant .Shultz, each the sum if ten thousand
iollars; in con {deration oi whi It payut nts,
they released to the. Bank ah th-, ir respective
rights in tile bridge or lhe proceeds of its sale,
arid al l debts, dues, actions and d inands w hat
ever, in the most prehenstve terms possible.
The relearn' of Shultz is dated the 15th of Sep
tember, 1829.
On the .sth Octo’ er, 1'23, the complainant
Shul z, being in custody of the sheriff of Edge
field district, by virtue of a writ of mpias ad sat
isfaciendum, in ordi r to obtain the benefit of the
insolvent debtor’s act, assigned his estate and ef
fects to Thomas Harrison, Treasurer of the up
per division ot the State, for the benefi of his
creditors. The assia i e d elihed to accept the
trust. On the 2d of Muy, 1832, a bill was filed
b John Stoney, John Magrath and otheis,
igainst the present coinplain mt Shuliz and oth
era, which wis heard by Chanc il->r Johnson at
_ n-n..*'ie>o. uu on- lanwii- iwM l +t**i'm" nnwity
de-'ided bv the Court of Appeals, January, 183 I.
'n the course of this proceeding, Ker Boyce and
Thomas Harrison were appointed trusties for the
creditors of Shultz, in olace of Harrison, who
had declined to accept alone, and on the B'h of
December, 1830, they were made parties to the
dll. The obj ct of the' ill indeed, [there were
several bills which were all disposed t together. |
vas to obtain payment of Certain demands against
thitltz, out of his property, and lots of Shultz,
i the town of Hamburg, and from the p treha
ers of 1 its sold by him. By the final judgments
if the Court, certain rents were receive I. and
ir iperty sold to a considerable amount, (810 000
is it was allege 1 ,) and it was in evidence, th u
i portion of those proceeds were applied to the
■ayment of judgments against Shultz, founded
■n bridge bills. The releases of Fitzsimmons,
Jreithaupt and Shultz were in evidence in that
■ause. The complainant Yarborough, was sub
stituted trustee in lhe place of Harrison and
Joyce, on the a; plication of Shultz in l-MO.
Bv an act of me Legislature of the State of
-louth Carolina, of the 18th of December, 1830,
he charter of the bridge was renewed fir a t rm
if 14 years, and granted to the Bankcfthe State
if Georgia, and on the 231 of December, 1833,
sy an act ot th i Sta'e of Georgia, a similar grant
■vas made to the same grantee, for a term of ten
/ears. On the 4th of May, 183 ! , the Bank ol the
Stale of Georgia s dd and conveyed the bridge
ind appurtenances to the def' dint Gazaway B
J.amnr. of that State, for the consideration of
S7O 000. On the 21 st January, 1840, the said
Sazawav B. Lamar sold and conveyed, to the de
'endants the City Council of Augusta, for the
consideration of $ 00 000 Both these defend
ants, deny explicitly any notice of the assignment
of Shultz, at the timeol their respective purchases.
There was no evidence whatever, of notic to the
lefendant Lamar, at the time of his purchase
Some evidence was offered of notice to the City
Council of a cla'm of Shultz on th Br dge be
tom the purchase; but there was a difference as
to the terms of it, by the evidence. One witness
stated that it was a notice of the claims of Shultz
himself only, and that upon taking legal advice,
thev wee assured he coiud have no claim. An
other witness stated notice 11' c : iven - f claims
of ins creditors. Ido not consider the fact of no
tice to be established.
The bill charges that the sale made under the
judgment of the Federal < ’our* is null and void,
<he bill having been dismissed for want of juris
diction; that the mortgage to the Bauk >f the
'tare of Georgia, bei 'g void under th* aw of
Georgia, the bridge still remains partnership pro
perty ; that creditors of the partnership have an
equity to be satisfied out of the p irtnership pro
perty, in prefere ce t > creditors of the individual
nartnera; that th ‘debt of the bank D the indivi
dual debt of John and Barna McKinne; that
nartnersh'p debts having Deen satisfied by the
individual property of the complainant Shultz,
h»» or his assignee and creditors, claiming in his
right have a right to be subrogated to the equity
of the partnership creditors whose debts have
been »o paid. It charges that if the sale e va*
!i U the ank is accountable to the complainant
for lhe amount of the purchase money and into -
est. The bill prays that the bridge mav be s »!d,
and the proceeds appropriated among the parties
according to thrir respective rights ; that the de
fondants may account for the income of the
bridge, during th»‘ time that it has be»m in thtir
possession respectively, and for general relief.
The defendants answerat length to the charges
of the bill, a d among < th- r matters of defence,
the B ink of the of Georgia relies, byway
of pleading, on the want < f jurisdiction in this
Court, that beings corporation of another State,
an i having no property within the limits of this.
It might sufficiently dispose of ail the matt rs
of the present bill, io say that they are concluded
bv the decree of the Federal Court. All the
claims now made, were made by that bill. It
claimed that th<‘ bridge should be sold, and the
proceeds applied to lhe pavment of partnership
creditors, and that the defendant should acco- nt
lor income; and as ta all these matters theb 11
was dismissed. In the case o‘ Higginbotlo n vs.
Powell in which I considered t e su'qect very
fully, and in which the decree was affirmed by
the Appeal Court at its last sitting. I held that the
Circuit Courts of the United < tales were supe
rior Courts of jurisdiction, wh »s ■ judgment’,
whatever error or irregularity they contain, must
be respected by all other tribunals, until a rested
or reversed by themselves. I do not think it
neressarv hero to repeat the reasoning which led
me to that conclusion. It is s ffieient t-» refer to
the opinion in that case. But in truth, what er
ror r irregularity appears on the present judg
ments? The bill, as imended, makes the allega
tion necessary to give jurisdiction—that the par
ties plaintiff and defendant, an? citizens ofdiff r
ent States. Can Igo i -to evidence to try th •
truth of : his allegation ? And ill could, no such
evidence has been offered, but rather the contra
ry. Oris it supposed that lam to inquire anil
decide as tn the regu’arity of the pract’te of the
Supreme Court of the Unit d States, by which
after having dismissed the bill for want of juris
diction, it permitted th ’ cause to be reinstate I
on the docket, and remanded to the (’ircuit Court
for the purpose of being amended and heard ?
and more espe ia Iv when then is no doubt that
this was d nc by the consent o ihe parties t
the suit. By the practice of the English Chan
cry, it does not review its own decrees for error
apparent on the face of them wh* n they hav.
been made by the consentot p.arii. s.
But the present complainant Shnltz, and ab
claiming in his Tight, must be st<»pp< d by the
power f attorney to Wa kerand Fitz-immons, b'
which th” sal • was amh iz I. It i-tru ’th
the power was executed under th ‘ order of th.
Court;|but I do not know that lhe complainant wa
in custody so as to give it the character of a deed
obtained by duresse of imprisonment, nor that
the liability to be attached lot failing to pciform
die order of lhe Court, could constitute such du
resse. But in truth, the order of the < ourt was
entered bv consent. It was merely the initia
tive of a contract, which was afterwards carried
into effect by the release and the final decree. —
supposing it to be void as an order of the Court,
it was still binding on the parties as matter of
contract.
Then as to any tight of the complainants in 'he
bridge itself, it would be sufficient to say, that all
the c niplninant Shultz’s right and interest there
in has passed away by the expiration oi his char
ter. The franchise or exclusive privilege which
constituted it his property, no longer exists, and
the material structure is attached to and part of
the soil, and would be the pn perty of the stales,
the owners of that soil, if the fr -t.chise had not
been renewed to another. It was renewed to the
defendant, the Bank, by both States, South Car
olina mid Georgia It is true, that there are ca
ses in whi h lhe trustees of a franchise, obtain
ing a renewal o' it in his own name to the preju
dice of his cestui que trust, has beet- held to con
tinue a trustee. But 1 cannot perceive any plau
sible or even imaginable ground on which the
Bank could be held a trustee in this case. It
claimed adversely under its mortgage, which was
certainlv good as against the pa, t'es to it, and all
claiming under them—which the complainant
Shultz must do if he claims at all. It was, so far
as it a. pears, for a bona Jide debt. It was prose
cut.d as a hostile-claim by the proceeding to tore
close it, in the Court of Georgia, and 1 think its
validity established by the judgment of that
Court.
The act of the State of Georgia seems to re
late only to the assignments of tangible pioperty,
or choses in action, and not to the p'-eterring ot
one creditor to another by payment of money. I
perceive nothing in the net to authorize a pro
ceeding for the reclaiming ot tlie money in case
of sm h paytn nts being made. Soil' the parties
privateiy insolvent, shoul I execute such mort
gage, and before their aosolute and avowed insol
vency, should redeem the mortgage by paying
the nt mey, I perceive nothing to authorize the
m her creditors to pursue that mom y in the hands
of the mort taaees. So if before any proceedings
by creditors to invalidate the mortgage, the mort
gage should foreclose by the judgment of a
i 'ourt; if lhe mortgaged property, should be sold,
an I .the money paid over in pursuance of the
judgment, there seems still less ground for sup
posing that creditors would be at liberty to follow
die money. In this case the bridge was not ac
tually sold under the judgment of the Court of
Georgia; but this was only prevented by the act
of the pres.-nt complainant, in obtaining the in
junction from tlie Court of the Un'ted States. -
The amount of their debt was awarded to the
plainriffs by lhe Court of Georgia, and 'he bridge
ordered to be sold, and equity regards that as done
which is ordered to be done. It is analogous to
th ■ case of a judg nsnt, founded on a security
which was v<dd for usury, where tlie confessing
or entering ot the judgment was not part of the
original usurious contract, but it was obtained in
ndversum Though the contract were absolutely
void for the usury, yet when carried into judg
ment, ihat judgment is valid against creditors of
the insolvent usurious debtor, and ag dnst all the
world.
Or if it be said that the judgment of the Court
of Georgia could only perate m rem as a fore
■I se upon the . alf of the bridge, lying wi hin
the .State of Georgia, and could have no effect
ujion the moietv lying within lhe State of South
Carolina; hich is only subject to laws and tri
bunals of that state, then there is nothing in the
laws of South Carolina to invalidate the mort
gage of that portion of the bridge.
But so far as respects any right in the
bridge itself, there are other conclusive grounds
against complainant’s claim. The defendant
Gazaway B. Lamar, purchased without notice
of lhe claim ot assignee or creditors of lhe com
plainant Shuliz, and purchasing from him, the
City Council ot Augusta would be protected as
a purchaser from a purchaser without notice.
This was determined in the case of the City
Council of Charleston vs. Page, decided at the
last sitting ol the Court of Appeals. But as I
have intimated, I do not think the notice to the
City Council sufficient, if it was the notice of lhe
claim of Shultz himself, and not of his assignee
or creditors, knowing of his release ol 1829,
they would irresistibly be led to the conclustcn
that he could have no claim whatever.
But, indeed, I iliinjf the whole claim ol the
bill is founded on a nitscdi cepti m of the doc
trine relative to the applying of partnership
debts. It is said to be the equily of one partner
to enforce such application in order that his
private property may not be made liable to
partnership debts, until the partnership effects
are exhausted. It is also said that in case of
insolvency, this equity may be enforced at the
instance of panneiship creditors, who, through
ihis equitv of the parmers, obtain the benefit ot
such application. But this must be taken to
relate lo property in the hands ol the partners at
the lime of total and acknowledged insolvency,
and when there is some proceeding to wind up
the affairs ol the insolvent firm. It cannot re
late to property which the partners have before
alienated, bona file, as in payment ot a just debt.
Now in this case the partners had alienated be
fim the acknowledged insolvency. As 1 have
said, the mortgage was good and valid as
against the partners themselves, who executed
it, and all claiming under them. As to the
mortgage it was bona fide, and it is immaterial
thai it was executed by the parties in their indi
vidual names. Such a method of execution,
especially as regards real property, is usual
and proper, if not necessary. Now suppose
that Barna M> Kinne had remained a member
ofthefirm; had been sued on the bridge bills,
I. or p,nrtngrcj>i|it JvJfrlSU . WktAMp v 11*.»! •
. i- ii tn be supposed that he would be
permitted to invalidate his own deed lor the
purpose of reimbursing himself 1 So it Shultz
had n>>t gone out of lhe firm, but had joined in
•he execution ot the mortgage, and afterwards
paid partnership debts, as he has done, he
" oijld stand precisely on the same footing
Ent I think this is his actnal predicament. Bt
resuming his place in the firm, and accepting a
reconveyance, he has put hiinselt, to all intents
and purposes, in the place of Bama McKinne,
and must be estopped by whatever would estop
McKinne. He can only claim through him.
He does not properly come as a partnership
< reditor, or the assignee ot such creditor, to
have a distribution of partnership assets, but as
a partner who had joined in the alienation of
partnership debts out ot his own property, and
then been compelled to pay partnership debts
nut ot his own propertv. He was liable for
the payment of those debts This view applies
equally to any claim, legal or equitable, in the
bridge itself, or lhe proceeds of its sale.
With respect to tln.se proceeds, there are
other grounds on which the claim must be held
untenable, and among these is the objection *o
the jurisdiction ot this Court, taken by the bank
of the Stale of Georgia. Having no interest
legal or equitable in the bridge itself, they have
no properly within the State. In the case of
Bowden & Schatzel, 1 Bail Esq, 360, it was
determined that lhe resident of another Slate
having properly within this State, might be
made a party in Court under our Act ot the
Legislature, though there were not any party
within the Slate having possession or control
of the property. But it has never occurred to
any one to go further and say that a party
neither found or domiciled within the State,
nor having properly within it, might be made
amenable to our jurisdiction. It was urg-d in
argument, that by answering to the hill, the
defendants have submitted to the jurisdiction,
and must abide the decree on the merits. But
it is a perfectly familiar practice, that a defen
dant may take adv mage of that which would
be propeily the subject oi a plea, byway of
pleading in his answer. This the hank has
done. When it is said that lhe answer over
rules a plea or demurrer, it is meant that the
defendant must answer fully. The object o! a
formal plea is to excuse the defendant from
answering. He is not to shield himself from
making a full answer, on the ground of the ex
cuse which he has ottered in the answer itself.
These defendants might properly answer for
he purpose of showing the fact that they had
no property within the S'a'e, and were there
fore not amenable to the jurisdiction. They
might also, properly answer for the purpose
of defending the title ol their vendees. But is it
not perfectly apparent, that any decree which I
could make with respect to this fund, would be
perfectly nugatory. If 1 should decree lhe pay
ment of the money, what process could the
cornplainant have for enforcing lhe deciee? If
1 should order them lo account, how could the
Court enforce th it order? It it were sought to
enforce such a decree in lhe Courts of Georgia,
is it probable thos? Courts would recog
nize the validity of it ?
On the ground of time in analogy to the
statue ol limitations. Whatever ground there
mav have been for regarding these defendants
as mortgagees in possession, before the sale oi
IK-22, and ihe fund pro luce I by the sale as in
eu'todv of the federal Court, they must certain
Iv be regarded as claiming the fund adversely
fr»m the lime ol Shultz’s release of 1829, or at
all events, from the decree ol the federal Court.
This decree, in effect awards the fund to them,
and has relation back to lhe sale of 1822. But
Irom the time oft e decree in 1830, to the filing
<>fthe present bill in 1841, more than ten years
have r lapsed, and if it were necessary that the
assignees of Shultz should haze notice of this
adverse claim, they certainly had it so early
as the hearing of lhe cause of Stoney a r d Ma
grath in 1832 There are various other ground*
which might be constiered. le iding to the same
conclusion, and throwing insuperable difficul
ties m ihe wav ot the complainant’s success,
but which 1 do not think it necessary to con
sider at length.
It does n >t appear that this fun 1, which was
substituted lor the bridge, was included in
Shultz’s assignment of 1828. The assignment
was of his interest in lhe bridge itself, and
'hough the assignee of an insolvent debtor may
he authorized, under the law of this State, to re
cover any property or intervst which lhe insol
vent has in the hands of any person in lhe State,
tfie law of South Carolina does not operate
within the limits of Georgia. The assignment
of a chose in action in another Slate, can only
he made effectual as the personal act of the as
signor. If this as-igntnen: were presented to a
Court of Georgia, could the assignment of
>hultz, of his interest in ihe bridge, be regarded
is an assignment of money in the vaults of the
Bank?
There was an evidence of previous assign
ment by Shiritz, of all his interest in lhe bridge
) .ts Savannah.
I could make no decree concerning this fund,
vithout a full account of all the transactions
I the Bridge Company, which could onlv be
une by having the representative of Barna
McKinne a party, as well as John McKinne.
It appears, indeed, that both these were largely
indebted to the concern. It appears from the
testimony ol Wm. Y. Hansel, the former Cash
ier of the Bridge Bank, th it these parties had
withdrawn very large sums from the firm, for the
use ot themselves and other firms, of which
they were members; which, according to lhe
testimony of lhe same witness, (and I can have
no doubt of the lad,) occasioned lhe failure ot
the Bridge Company. But I could decide no
thing on these mallets, without such full ac
count as I have suggested. It appears that
Shultz, at lhe lime he lelt the company, was
indebted to it in lhe su n of $G3,000, for whir h
credit was given him on lhe books. But on his
re-entet ing the firm, I suppose his indebtedness
was reinstated tor this amount. He is prima
facie liable to the creditors of the Bridge Com
pany, indeed, he could not be discharged (tout
tris liability by the credit given—and this is a
much larger amount than the debt ot the com
pany which he has shown Himself lo have paid.
A question might be made with regard to the
original invaltdt’y of the moitgage. The Me-
Kinnes were previously indebted to the Bank,
in lhe sum ol $40,000; they born wed $50,000
at the time, which was represented to the Bank
lobe for the use of the Bridge Company, and 1
think must be regarded as the debt of the com
pany. Separate property, of John McKinne,
as well as the Bridge, was included in the
mortgage. It was stipulated that, upon the
payment of 840,000, lhe property ot Me-
Kinne should be released, and upon lhe pay
ment of lhe remaining 850,000, lhe Bridge
should be released. Now, whatever may be
the general rule, with respect to a deed which
is void in pan, being void in lhe whole, it might
well be questioned, whether we should not re
gard these stipulations, as creating separate
moitgages tor distinct debts, though included in
the same instrument.
11, as I have supposed, lhe $50,000 were lhe
debtof lhe Company, the detendant, Shuliz, is
liable for the whole at it, and would be compel
led to bring it into account, it the account which
he claims should be gone into.
But it is unnecessary to pursue these topics.
The case has been an embarrassing one, from
lhe great mass of irrelevant mallets, evidence
and documents, with which it has been encum
bered, rather than from any intrinsic difficulty
with regard to tlie merits. I hope Ihat an end
will now be put to this long protracted litigation.
The complainant is naturally disposed to think
ihat he must have suffered injustice from hav
ing been deprived ot propeny, that was not only
matter of interest, but ot pride and feeling, and
from having been harrassed and pursued on ac
count of his responsibilities lor ucompanv, to
the failure of which, he, as lam tully satisfied,
did not at all contribute. Bull believe he is
inclined to shift the blame from those to whom it
properly belongs, on account ot some recollec
tion ol early kindness, and to throw it on others
who have dune nothing more than to stand upon
what they fairly regarded as their just rights.
it is ordered and decreed that the bill be dis
missed. (Signed,) WM. HARPER.
I certify that the foregoing sheet contain a
true copy ofihe decree, filed in thisoflice.
J. TERRY, c. e. e. n.
Commissioner's Office, (
Edgefield, 14th Nov. 1843 (
Business Oircctorp.
H. L. JEFFLKS,
General Agent and Commission Merchant,
Hamburg, S. C. jel4
C. & W. J. PEEPLES, ——
Ittornies at Law, offices in Gainesville and
Athens, Ga.—Will continue the pr cticeof-
Law in the counties of Clark, Walton, Jack
son, Gwinnett, Hall, Habersham and Frai.k
lin, of the Western Circuit ; Cherokee, Lump
hin and Forsyth, of the Cherokee Circuit, and
Cobb, of the Coweta Circuit.
C. PEEPLES, Athens,
Office over the store of W. W. & E. P. Clayton
a23-d£wly W J. PEEPLES, Gainesville.
B. E. HABERSHAM,
Attorney at Law, Elbertqn, Geo.—Practices
in Elbert and the djacent counties. ap2 ts
JAMES M. PEPPER,
attorney at Law, Rome, Floyd county, Ga. —
Will practice iu all the counties of the Chero
kee Circuit.
REFERENCES.
Charles J Jenkins. I James L. Pettigru.
f 6 ly
JOHN M. AS HURS r,
Attorney at Law,
mi 12-ts Eitont n. Geogia.
JOSEPH b. JUi\fcz»,
Attorney at Gaw,
ap!3tf Waynesboro, Ga.
G7 PUTNAM,
Attorney at Law,
ap 13-ly Warrenton, Geo.
J A VIES GARDN ER, J R.
Itt irney at Law,—<>//Zce Laio Range } Mclru-
strict Augusta, Ga. nl2
THOMAS U NISBEi,
Attorney at Law,
Savannah. Geo.,
Reference—Messrs. Stovall & mmmoss,
an 261 v A .gusra.
WILLIAM C. BERRYHILL'S
Coffin VVarerooms, Opposite Stovall Sim
mons's Cotton Wa e/iouse, Broad-steeet, Au
ffiista. Ga. f 26 iy
"HAVILAND, RISLEY & CO.,
Dealers in choice Druxs, Medicines, &c.,
&c. — xear lhe Mansion House, Globe and
U. S. Hotels Augusta. myß-ly
SNEAD & MILLEDGE?
attorneys at Law, —V. ill be thankful for any
business entrusted to their care, and will
practice in Richmond, Columbia. Burke
and Scriven counties. Office in the Law
Range, Augusta my 9
A J. A T. W. MILLER?
ittorneys at Law, Augusta, Ga., — Practice
in Richmond, Columbia and Lincoln coun
ties, and n the Circuit Court of the U. States
fur the District of Georgia. in 31
~g7walker?
Warehouse and Commission Merchant,
Hamburg, S. C. y 22 ts
” ADAAiS & HOPKINS?
Warehouse and Commission Merchants,
Campbell street, Augusta, Ga. u 13-ts
CHARGES. E. GRENV.LLE.,
Bookseller aiid Stationer, Broad-street,
Augusta. 14
w. h. c. mills;
Factor and Commission Merchant, conti
nues Busin ssat his old stand,No. 176 Bay
street, Savannah.
References:
Messrs. D’Antignac & Evans, Augusta.
“ Charles Day & Co., Macon.
“ R. Padelfo-d & Co., Savannah. o!2tf
A. MACKENZIE,
attorney at Law, Waynesboro’, Burke coun
ty—-Will practice in the Courts of Burke,
Scriven, Ernanuel, Washington, and Jeffer
son counties.
EFERENCES!
Henry Cumming, Esq., ]
Wm. T. Gould, Esq., I .
Messrs Kerrs & Hope, f z ugusta.
John P Greiner, Esq., J
G. B. Lamar, Esq , }
William Duncan, Esq., > Savannah.
021 C. A. Greiner, Esq., )
Law Advertisement.
A. D. SHACKLEFORD,
Will practice Law in the several counties of the
Cheroke • Circuit, and in the Federal Courts
for the District of Georgia. Office at Cass-
yille au3-ly
JOHN R. STANFORD,
Attorney at Law, Clarkesville, Ga. Will
practice in the counties of Clarke, Frank
lin, Habersham, Lumpkin, Forsyth, Gilmer
Union, Murray and Gwinnett, and in the Fe
deral Circuit Court for Georgia. jy 17
JOSEPH C? WILKINS~
Attorney at Law,—Will practice in all the
counties of the Eastern Circuit. Office in
Riceboro, Liberty county, Ga. si I tic
w. w. Anderson;
Attorney at Law, Monticello, Ga.
REFERENCES.
Col. N. G. Foster, ) VT ~ . .
Dr. I-’.. E Joxfs. < Madison, Ga. ly*
WILLIAM W. CLARK,
Attorney at L »w, Covington, Ga.—Will prac
lice in the counties of Morgan, Jasper, New
ton, Henry, DeKalb and Gwinnett.
References —A. J de T. W. Miller- Stovall & Sim
mons, O fl. Lee, W. 11. Goodrica, Augusta.
02 lf_ _ _ _ _
EDWARD H. WINGFIELD, ~
Attorney at Law, Dahlonega, Lumpkin Co..
Ga.—Will practice in the counties of the
Cherokee Circuit. Also, Habersham, Hall
and Gwinnett counties of the Western Cir
cuit. AH business intrusted to his cam shal
meet with prompt attention. je 17-wtf
PHILIP CLAYTON? ~
Attorney at Law, Athens, Ga.—Will practice
in rhe counties of Clarke, Walton, Gwinnett,
Hall, Jackson, Habersham and Franklin.
ja3l wtf
LANG & STROTHER,
Attorneys at Law, —Will practice in the seve
ral counties ol the Northern, and Columbia
county of the Middle Circuit.
references:
AUGUSTA. LINCOLNTON.
A J. &. T W. Miller, Francis D Fleming, Esq.
Chari s J Jenkins, Esq. Janies 13. Neal, Esq.
Henry II Cumming, Esq.
Office —Lincolnton, Ga.
WILLIAM N. BIRCH,
.V/>. !3Sj Water street , New V/irt,
Wholesale Dealer in Leghorn, Florence,
Braid and Straw Bonnets. Panama, Leg
horn and Palm Leaf Hats. Silk, Lawn, and
Willow Bonnets, Artificial Flowers, &c. &c.
an IS tl
ROB ER V"H ESTER,
Attorney at Law, Elberton, Geo.—Will prac
tice in Lincoln, Wilkes and Franklin coun
ties. mh27-wly
SIMMS ASKEW, & McKINLEY,
attorneys at Law, —Will practice in the se
veral counties of the Coweta Circuit. Of
fices at Newnan, Coweta county, and Frank
lin, Heard county, Geo.
<obert W . Simms, | Richard L. Askew,
Charles G. McKinley.
mv 2 2-1 yw
WM. M. MgINTOSH,
Attorney at Law,
jy 15-ly Elberton, Geo.
MURRAY A GLENN
Attorneys at Law, McDonough, Henry Co.,
Ga.—Will punctually attend to any business
entrusted to their care. Office at McDo
nough, Henry county, Ga.
ap22-tf A. G. Murray, | L. J. Glens.
SURGEON DENTIST.
EMONCINY, SURGEON DEN-
• TIST, having determined to make Au
gusta his permanent residence, respectfully ten
ders his professional services.
Families in the country attended to without
extra charge.
Teeth on gold plates will be de'ivered on trial,
and if not satisfactory no pay will bo required.
Credit to suit convenience, when tlie charge
exceeds 3 0.
yV Residence at Mrs. Dr. Kennon's. (Fox’s
corner.) je!2 2lw*
LIME. —200 casks Thomaston Stone
Lime, in fine order, for sale by
jes w3t THOS. DAVIS,
rpo WORKMEN and labor
1 ER.S.—Contracts will be given out from
the Ist to the 20th of J urn nest, for the buildings
and water works of a new Factory at the Long
Shoals, on the Oconee, sixteen miles s uth from
Greensboro. Materials, s'one, brick and wood.
Address the agent through lhe post office at
Greensboro, or visit the spot after the 3d of June.
Day laborers will be wanted at lhe customary
rates of wages.
No one need apply who will drink ardent
spirits himself, or countenance drinking among
his hands.
my 26 w4w HF.NRV MERRELL, Agent.
TOTt-fE BILLHOLDERS AND
OTHER CREDITORS OF THE BANK
OF MACON.—You are hereby notified to i re
sent your demands to the undersigned wi'hin
four months from uflte, that the entire amount
of the lia'dlities of said institution be ascertain
ed, and that distribution be made pro rata among
the several creditors.
All communications in writing on this subject
must be post j.aid.
CHAS. H. RICE, Receiver.
Macon, May 19, 1845. my23-w3m
NEW SUPPLY OF SUMMER
DRY GOOPS, just received by WM. 11.
CRANE.
Paras >ls and HdW umbrellas,
Fine Ivory and common fans,
Thread and LUSeHaces and edgings,
Swiss and Jaconet edgings and insertings,
Swiss and lace striped muslins,
Jaconet, mull and plaid mudins,
Polka capes, lace and edgings,
New style French worked and mourning col
lars,
New styles printsand colored muslins,
While demi veils and green barege,
Corded and canvass skirts,
Snow-drop damask table cloths,
10-4 an I 12-4 Marseilles quilts,
10 4 bobinet and musnuit»nettings,
New York mills and bleached shirtings,
Heavy barnsley and fancy linen drillings
Black and blue black crape,
Superior fine and soft finished Irish linens,
together with a good assortment of seasonable
and fashionable dry gjods, which will be sold
cheap for cash. j 3
RICES REDUCED TO SUIT THE
TIMES.
Family medicines, choice
PERFUMERY and FANCY ARTICLS.
—The subscriber respectfully invites lhe atten
tion of Physicians, Merchants and Planters, who
may be visiting this city, to his stock of Medi
cines. Great care having been exercised in their
selection, he is confident that the quality of each
article is such as cannot fail to afford entire sa
tisfaction.
The assortment of Perfumery, Fancy Articles,
Brushes and Combs, are the finest varieties oi
French and Americ m manufacture.
He recommends the Gentlemen to confi
dence, in their estimable qualities, the shaving
Compounds of Piver, Guerlain, Roussel, Glenn
and others, which relieve the operation of sha
ving from m my of its disagreeable attendants.
Also, to the Ladies a splendid assortment of
highly perfumed Toilet Soaps—the Roman Kaly
do’r U'id Milk of Roses, both delightful prepara
tions f>r the complexion, together with a great
variety of hair Oils, hair Dyes and other Perfu
mery.
Sands’, Carpenter’s and Bu’l’s Sarsaparilla,
Jaynes’ Expectorant, Carminative and Hair
Tonic, Evans’ Soothing Syrup for children
teething, Powell’s Balaam of Anciseed. an ex
cellent remedy for coughs and colds. Jebb’s
Rheumatic Linament.and all the other popular
Medicines of the day.
Orders from the country respectfully solicited
A liberal discount made for cash.
W VI. HAINES, Jr.
jalO-trw&wtf No. 232 Brnad-st.. Augusta
W AfCties, JEWELRY, &c.
CLARKE, RACKETT & CO. have
received, and are receiving, a rich assort
ment of the above articles, together with
SILVER AND PLATED WARE OF ALL KINDS.
Rich Bracelets, Pins and Finger Rings ; Gold
Spectacles, Thimbles and Pencil Cases; Gold
Pens ; Fob and Guard Chains;
WITH A GREAT VARIETY OF FANCY JEWELRY,
and almost every article In the line.
Forksand Spoons of Standard Silver,
hand : Fashionable Jet Work, for sale very low.
WATCH MATERIALS, TOOLS, &c.,
wholesale to the <rade at fair prices
a.pii <ni»wtr;
Notice to Hie Afflicted.
A CERT AIN cure for the SCALD
HEAD, or what is termed by s me, ihe
TETTER, but more prone - ly the * ALT R HEU M,
his been discovered by Mr. Samuel Cone. The
most flattering ncommendation- of his Salve
have been received from many eminent Physi
cians and others, who have used it, and it is pre
sumed that no salve has ever been used whose
action has been more beneficial, pleasant and vi
gorous in its action ; and persons using lhe same,
are invariably surprised and pleased with its ra
pid and complete restoration to health from the
most filthy of diseases. It has never been known
to fail to relieve, when used according to the di
rection which accompanies «ach box. Those
persons who have suflered an 1 are weary of suf
fering with this troublesome and filthy complaint,
wi I find in Mr. Cone’s salve at once a certain and
immediate specific. This salve also possesses
the most in ortant healing qua ities for sores
generally, and Ringworms in particular. Pi ice,
SI per box, half box, half plice. The latter is
rcquently sufficient for an ordinary case, but for
an inveterate une, the whole box is recommend
ed. rrangemehts are on foot which will short
ly supply the druggists and merchants general
ly, with the salve, throughout the itate.
CERTIFICATES.
Georgia, Gwinneti County.—[ do hereby cer
tify that my < htldren have been afflicted with the
Scald-Head for seven years and cou.d get no re
lief until I procured some of Air. Samuel Cone’s
salve, which effected a perfect cure, after the ap
plication of the same for twenty lays, this 29th
July, 1844. James Stewart.
Georgia, Chattooga County — I do hereby cer
tify that my daughter had the Scald Head, and
Vlr Samuel C. lie's Sa've was only applied three
times and effected a so nd cure. Given under
my hand this 30th May 1844. Jas. iiarlon.
Georgia, Floyd County— l do hereby certify
that my niece has been afflicted with the Scald-
Head fb’’ several years, and could find no cure
for the same until I procured a half box of Mr.
Samuel Cone’s Salve, which effected a perfect
cure. May 24, 1844. William W. Allen.
Georgia, DeKalb 1 ounly— l do hereby certi
fy that my b y Solomon has had a Tetter on his
feet, which now appears to be cured from the
use of Samuel Cone’s Salve. Aug 10,1841.
Alex Johnson.
Georgia, Campbell County — This is to certify
that my sister was much afflicted with the Scald-
Head for six or seven years, which occasioned
the loss of a fine head of hair, during which time
several physicians w< re employed, but to no pur
pose; lhe disease seemed to be increasing until
I procured a box of Mr. Samuel Cone’s Tetter
Salve, on application of which a few days, the
disease was entirely removed ; after which a ve
ry fine head of hair succeeded the old one On
giving this, my certificate of facts, I feel that 1
am but discharging a duly I owe to the public.
Nov. 10th, 1844. James Black, Jr.
For sale bv HAVILAND, RISLEY & CO.,
and WM. K. KITCHEN, Augusta; Harvey
Shopwell, Macon ; Charles F. Hoffman, Madi
son ; Edvard R. Ware and A Alexander, Athens;
E. M. Cowies and E W. Bancroft, Milledgeville,
a jiin c -nmtjj towns genjrhlly. aplO-ly&wo
COLUMBIA County,Georgia —Jno
Foster of District No. 3, tolls before me
one sorrel horse, with the right hind foot white,
a small star in his face, supposed to be 7 or 8
years old, appraised hy James Luke and Madison
A vary at forty dollars, April 21st, 1545.
G. G. LUKE, J. P.
A true extract from the f stray Book.
_A In 22_L David harriss. Clark.
AN ACT,
To .alter and amend the seventh section ol
the first Article of the Constitution ol
tl>isbtate«
SECTION I. Be it enacted by the Se
nate and House of Htprestntatices of the
Slat of G orgui. in General Assembly met. and ii
is hereby enacted by the authority of the tame, ’ha i
whenever this act shall have passed in accord
ance with the requirnm-nts of the Constitution
of this State, the following shall be adopted in
lieu of the said seventh eec’i »n: —Each county
of this State shall have one Representative, and
no county shill have more than two Representa
lives. Thirty-seven counties having the great
est population, counting all free white persons
and hree-finhsof the people of color, shall have •
two Representative —and if any new county t
shall oe hereafter formed, said now county shall '
be entitled to one Representative, and the appor- ;
tionment shall be made by the General Assem
bi vat the session at which this section shall be ;
adopted as an alteration of the Constitution, by i
an act to be introduced after the adoption there
of, and a new apportionmen’ shall be made at i
the session next after each future enumeration of «
the inhabitants of this State, made under the i
Constitution and laws thereof, but at no other <
time
[Signed] CH ARLES J. JENKINS,
Speaker of the House of Representatives.
CHARLES DOUGHERTY, ,
President of the Senate. j
Assented to Decemb- r27th. 184?.
GEORGE W. CRAWFORD, Governor.
mh27 w6m ,
VAT'ANTED immediately—2o able 1
v v budie dhands, to hire or purchase.
my!2-tw&wtf JAMES L. COLEMAN. <
WASHINGTON FEMALE SE
MINARY. REV GEORGE H. W.
PETRIE, Principal.—The second term in this
Institution begins on the FIRST MONDAY IN
JULY (7th). and ends on the first FRIDAY in
December (sth).
EDWARD M. BURTON,
Secretary and Treasurer.
Washington, Wiikes county, June 4, 1845.
jt 9 3'w
ALKXANDCR ACADEMY.
THIS Institution is situat'd on the
Savannah road, about nine miles below
Waynesboro, in the midst of a moral and reli
gious community.
The scholastic year is divided into four terms,
of twelve weeks each. The ’hird term of this
year (1845) will commence on the first Monday
in July, under the superintendence of the Rev.
W. B. Brickett, who will be assisted in lhe
Male department by the Rev. J. W. Farmer, and
in the Female Department 1 y Miss L. Beal
The clissies and all other branches usually
pursued in similar institutions, will be taught in
this.
No student will be admitted for less than one
term, and no deduction will be made for loss of
time, except in case of sickm ss.
It is an established rule of this institution, that
the tuition of each scholar shall be settled in ad
vance by cash or note.
The rates of tuition are as follows, viz:
For orthography reading, writing and arithmetic,
if entered for three months, 86 00
“ “ “ six “ 10 00
“ “ “ twelve “ 13 00
For geography, astronomy, philosophy, En
glish grammar, ihetoric and chemistry,
if entered for three months, 8 00
“ six “ 14 00
tc « twelve “ 24 00
For the higher branches of mathematics
and the languages,
if entered for three months, 810 00
“ “ “ six “ 18 00
“ u “ twelve “ 30 00
Good board, including washing, can be obtain
ed in the village f»r from six to seven dollars per
month. H. V. MULKEY,
WM. SAPP,
ISAAC MULKEY, l Triiatnoo
E. C. GLISSON, ? Tru3tees -
Z. TOMLIN,
J. H. ROYAL,
J. A. Shewm ke Treasurer.
P. S.—Books, such as are used in the institu
tion, may he purchased iu the village at the store
of O. L ShewmafiC’ 19-w3m
EWPORT female semina
ry—The first term of this Institution
will commence the THIRD WEDNESDAY’ in
MAY. A very desirable situation on the Hili lias
been selected for its location.
BOARDERS.—B2OO per annum, or 3100 per
term of 22 weeks; SbO in advance. This sum
entitles the pupil to board, fuel in winter, sea
bathing in summer, and tuition in an extensive
course of English studies—extra charges or Mu
sic, Drawing and Painting, Latin and Modern
Languages.
DAY SCHOLARS—B'6 per term, or $8 per
quarter, 11 weeks. Infant department 8 0 per
teim, or 85 pei 11 weeks. This class will em
brace children from 5 to 310 years of age.
The Misses COE, in establishing a seminary
in Rhode Island on the plan of the Troy Female
Seminary, are confident that no location can be
found more desirable than the one selected—no
institution affording a model more worthy f im
itation, than hat under the superintendence of
Mr. and Mrs. Willard, to whom lhe Misses C. re
fer for certificates of their own qualification, and
that of teachers employed.
They are also jiermiticd to refer to the follow
ing gentlemen:
New York—Dr. Potts, Rev. E. Mason, Messrs.
Prime, Wan. & King John Gihon, Esq.
Brooklyn—Drs. Stone, Culler, Cox, Brodhead,
Rev. Francis Vinton.
Morristown —Rev. A. Henry Dumont.
Newport—Rev C. T. Brooks. Rev. T. Thayer
Capt. Taylor, U S. N., Capt. Brewerton, U. tS.
Engineers, Hon. Henry Y. Cra iston, Peleg
Clarke, Esq , Samuel B. Vernon, Esq.
Boston - Augustus Thorndike, Esq.
Savannah Rev. Willard Preston, D.D., M.
Hall McAllister, Esq., A. A. Smets, Esq . Fran
cis Sorrel, Esq. my 19 4tw
r NOTICE TO COTTON PLANTERS.
I WILL say to the planters of Geor
gia and Somh Carolina, that I continue to
- carry on the manufacturing of Cotton Gins in
Crawiordville, Ga., where 1 am prepared to ma
, nufacture them on various plans to suit purcha
r sers. I will give a minute description of my
i best gins. My saws are of lhe best cast steel,
- and 10 inches in diameter, and I put nine teeth
5 to lhe inch; saw cylinder one and a half inch
r square. The breasts are all wrought, well faced
with steel and v< ry thick ; the brush is equal if
1 not superior to any made, and runs on the anti
friction plan. If persons shuu'd not like the an
ti-fdetion plan, 1 make them with a very superior
box, which will contain oil enough to last the gin
' three days, with a steel screw in lhe end so as to
prevent the saw’s rubbing the breast. Either ot
2 the above mentioned kinds of gins I will se lat
82 50 per saw, and warrant them to make as
good cotton as any gins made in the United
States, and to gin a good quantity per day. I
i will make the plain gin of the same material for
i 82 per saw, the saws 9 inches in diameter, and
war rant them to make • qually as good rotton. 1
will frankly acknowledge that my old make of
g ns were like equal to the gins that 1 am
now making. Any petson wishing one of the
1 above mentioned ginswill address the suhscri
* her at Crawfordville, Ga., and agm of cither of
the ab »ve mentioned kinds will be delivered and
L warrantßri n> nxirG.rtii .-.inal ta ihp ahxAV* rar.nu
.. niendations.
I will further state to the planters my reasons
for mentioning hat my brea-ts are all wr ught.
' I have tried the cast ribs and find them cot equal
2 to the wrought. In fully authenticating what I
, siy relative to the performance of ray improved
i gins I give below certificates from gentlemen
i who have used my gins for the last s< ason.
Repa ring will be done by special contract on
■ ly, and as cheap as any gin maker in the South-
J era States. All orders addressed te the subscri
ber will receive pro npt attention.
» I will keep gins for sale at the principal warc
■ houses in Augusta.
i S. R. CRENSHAW, Crawfordville, Ga.
i
Crawfordville, March 11, 1815.
2 This is to certify that I purchased last ail one
ofS. R. Ctenshaw s improved anti-friction cotton
» gins, and said gin has come fully up to the re
-1 commendation given to the gin. I can gin irom
’ 1000 to 1200 pounds of neat cotton per day, and
s make g 'od cotton, such as will command from J
» to | cent over that of the common gin.
J GILCHRIST OVERTON.
r
Greene County, Ga., March 25, 1845.
This is to certify that I purchased a fifty saw
anti-lrictlon Gin of Mr. S’. R. Crenshaw last Fail,
each saw has one hundred and seventy two teeth
which are very fine ; the brush wheel Has eighteen
rows ot brushes; the gin runs very iirnt, so
■ mu hso that one mule is sufficient to carry it
t without difficulty’. The cotton when ginned has
• to a cons d j rable extent the appearance of having
’ been carded, and so complet lyisthe lint sepa
rated from the motes that almost the whole of
i them drop down. I have compared the cotton
ginned by a Carver gin with mine, and it was de
cided hy several persons who saw the samples,
that mine had fewer motes, and was better gin
ned in every respect. If Mr. Crenshaw would
make all his gins like mine, I would recommend
all wh » want gins to se >d to Crawfordville, in
stead of to the North or any where else.
an9'yw F VV CHENRY.
COTTON GINS.—The subscriber
for ma y years foreman of Boatwright &
lones, and more recently ol William Jones, takes
this method of informing his friends and the pub
lic generally, that he has received a large supply
of the very best materials, and has made arrange
ments to keep suppli d for continuing the manu
facture of Gutton ‘Jins upon the highly impro
ved and popular plan of Wm. Jones, which he
warrants to gin cotton equal if not superior to
any, be th y Patent Right, Friction Roller, or
Horizontal Wheels. For reference as to the per
formance aad durability of his Gins, he refers to
those who have used them for the last 10 or 15
years.
<>ld Gins repaired with despatch and on mode
rate terms. H R. ODEN,
op osite Stovall & Simmons’s warehouse,
f 8 wGm
ÜBERIOR COTTOiN GINS.—
The subscriber’s improved Gins have been
fairly tested this season by a trial of more thin
five hundred different ones, all made and sold by
him within (he last ten months, and have proved
to be decidedly th best performing Gins ever
used. He will further improve those offered for
next crop, which will make them not only bet
ter perloi mine, but more durable and convenient
than any other. They are const! ucted upon a
plan of his own; only his own workmen have ev
er made one like them; and by having a better
shop and machinery, more and better workmen
of his own, with a steam lumber mill, and steam
power to his factory, can afford gins on better
terms than others ; and if those wanting to pur
chase for next crop will wait until called upon by
one of his agents, or apply to him by letter be
fore they engage elsewhere, he will agree ’o fur
nish them at a lower price, according to quality,
t ian any other nan or firm. His agents will vi
sit planters throughout the State during the scll
ingeeason. Address letters to Clinton, Jones
countv, Georgia. Gins will be delivered at the
purchaser’s residence-—warranted to perform as
recommended.
ja23-Iyc SAMUEL GRISWOLD.
To Teachers and School Committees.
SCHOOL BOOKS.
RUSCHENBERGER S Popular Se
ries Os School Books on Natural History,
prepared for the use of Schools, by Dr. W. S. W. i
luschenberger, from the text of Milne, Edwards, «
Ac. <
I. Elementscf Anatomy At Phisiology, 45 cuts. |
Elements of Mamalugy, 75 do. <
3. Elements of Ornithology, 81 du. <
4. Elemen’sol Herp< thoiogy & Icthology 66 do. I
5 Elements of
6. Elements of Entomology, 91 do. <
7. E»cments of Botany, 191 do. <
8. Elements oi Geology,in press about 200 do. <
Each book «.f the series is complete in itself,
and has a full glossary appended- Ihe illustra
tions arc numerous and beautifully executed.
Teachers are respectfully invited to call and exa
mine these works be ore selecting fur their (
schools any books on Natural History, these be- f
ing very cheap, and having been approved of by j.
distinguished and scientific men.
G J iG& ELLIOT, ]
No. 9 N. Fou th-st.. Philadelphia. f
For sale by THOMAS RICHARDS, agent for i
the State of Georgia for the sale of the above r
book-, together wi h Grigg & Elliot’s New Se- t
riesof Com non School Readers, numbers Ist,
2d, 3d and 4.h; all of which, teachers and ethers -
are respect uily invited to call and examine at
his Bookstore, No. 293 Broad st, iny29 3 w
JUTE ROPE. —Just received and tor ;
sale low by a29 ISAAU MOISE [ s
Public Snlcs.
j, URKE Sheriff Sale—Under decne
i.J in Equity.—Will be sold, on lhe first Tues
day in July next, at the court house in Waynes
boro, Burke county, under a decree in equity in
Burke superior court, in the case of Eleanor Car
nev, et al. vs. Tarlton B But er, administrator
oi Daniel Carney, alias Daniel Kernev, deceased,
a tract oi land situate in said county, containing
273 acres,granted to Willis Hurst, and adjoining
lan<’s of Willis Hurst, Thomas Hurst and Peter
J. Courtlan 1, at time of survey, bold as the pro
perty ol the e talc of sa>d deceased. A good
chain of titles to the land. Terms cash—pur
chaser paying for titles
May 29, 1845. _8 W. BLOUNT, Dep. ShMl.
BURKE Sheriff Sales—Will be sold
on the first Tnesday in July next, at the
court house in Waynesboro, Burke coun'y. be
tween the usual hours of sale, the following pro
perty, to wit: one negro man by the name of
Harry, abont fifty years ot age; levied on as the
property ot John Watkins, 'eceased, to satisfy a
fi. ta. from Burke superior court, in favor of the
Central Bank of Geoigia vs. S'arah Ann Wat
kins, administratrix of John Watkins,deceased,
Edward Garlick, Elisha Watkins and James M.
Reynolds.
Also, one house and lot in the town of Waynes
boro, Burke county, known in the plan of said
town as lot number D., containing one acre,
bounded by Myrick, Liaerty and Peace streets;
levied on as the property of William B. Douglass,
to satisfy afi fa., in favor of Thomas H. Blount,
assignee of Edwatd Garlick, vs. William B. Dou
glass.
Also, 737 acres of land in Burka county, more
or less, known as the mill tract, adjoining lands
of James Boyt and the Misses Tellair and others;
levied on as the property of Benjamin D. Hill to
satisfy a fi. fa. from Burke inferior court in favor
of Baldwin B. Miller, assignee of John Rogers,
w how is assignee of Nathaniel 1.. Sturgis vs.
Benjamin D Hill, princip 1, John R Prescott
security, Mu ford Marsh, endorser, and William
B. Douglass, security on stay of low.
Also, 350 acres of land in said county, more or
less, adjoining lands of JohnD Smith, Gilliam
Hill and others; levied on as the property of Ben
jamin D. Hill, to satisjy a fi. fa. from Butke su
perior court, in favor of Robert H. Gray, f r use
of William W. Davies vs. Benjamin D Hill
Also, one ni gro woman by the name of Silvey ;
levied on as lhe prop-rty of Harmon Hust, to
satisly a fi fa. from Burke superior court, in la
vor of Thomas G. Jordan vs Harmon Hust.
May 29, 1845. H. J. BLOUNT, -'ll'fl'
B URKE Sherifi Sale —Will be sold
on the first Tuesday in August next, at the
court house door in Waynesboro, Butke county,
between the usual hours of sale, one negro wo
man, Rachel; levied on as the property of James
H. Mot'lev, to satisfy a mortgage fi. fa. from
Burke inferior court, in favor of Parti,i Tomp
kins, trustee for Eilender, William J. and John J.
Ponder vs. James H. Mobley. Property pointed
out in said mortgage fi. la.
JETHRO THOMAS, Dep. Sheriff.
Mav?9 >845
CAuLUMBIA Sheriff Sale.—On the
7 first Tuesday in July next, will be sold, be
fore the court house door in Columbia county,
between the usual hours of sa!e, a negro girl, 1-
via, levied on as the property of John Parks, to
satisfy a mortgage fi fa. from Columbia inferior
court, at the suit of Joel Dorsey vs. John Parks.
Property pointed out in said fi. fa.
April 23, 1845. R. H. JONES Dep. Sheriff.
COLUMBIA Sheriff Sale.—On the
f first Tuesday in July next, will be sold, be
fore the court house door in said county, three
negroes, to wit: Bob, Delia and her child, to sat
isfy two fi. fas. issuing from Colu tibia in eiior
court; one, a mortgage fi. fa. at the suit of corg •
Dorsey and Edward Dorsey vs. Francis M. Dor
sey, the other a common law fi. fa at ihe suit of
Ayres Lynn vs. said Francis M. Dorsey.
April 23,1845. I. RaMS'EY, Sheriff.
JEFFERSON Sheriff Sales. Will
be sold at the market-house in the town of
Louisville, Jefferson county, on the first Tues
day in July next, the following property, to wit:
two hundred acres of pine land, more or less, in
the county of Jefferson, adjoining lands of James
Daniels, an t others, on tiie waters of Rocky
creek; levied on as the property of Henrv J
Moore, to satisfy sundry fi fas, issued from a
justice’s court, one in favor of James Cross vs.
Hen y J. .Moore and William Moore, two in fa
vor of William Calhoun vs. the same, one in
favor of A. E Tarvei vs. same, and one in favor
of John W. B >thwell vs Henry J. Moore : pro
perty pointed out by James Cross. Levy made
and returned to me by a constable.
Also, at the same time and place will be so’d,
five hundred acres of pine land, more or less, ad
joining lands of Henry Holden and others, ; .n
Jefferson county, lying on the waters of Ugechee
aver, and levied on as the propeity of lhe estate
of Samuel Walden deceased, to satisfy one fi.
fa. issued from ajustice’s court, in f ivor of Phi
lip C. Guieu, forth. Georgia Constitutionalist
vs. Marinda Walden, acmin’stratrix of the estate
of Samuel Walde.i, deceased. Levy made and
returned to me by a constable.
WM. S. ALEXANDER, Sheriff.
May 31,1845.
%/LT AR REN Sheriff Sales.—Will be
▼ ▼ sold on the first Tnesday in July next,
before the court house door in Warrenton, War
ren county, Georgia, between the legal hours of
sale, ihe following property, to wit: one hun
dred (100) acres of pine land, lying on the wa
ters Rocky Comfort creek, adjoining lands of
n-iri.i fuki and miiurs —fl'S - the same time
and place, two (2) negro children to wit: Si
mon, about five (5) years old, and Birt, about
four (4) old; all levied upon as the proper
ty off John W. Jackson, to satisfy three (3) fi. fa<
from the justice’s court of 157ih district, G.M.,
in said county, in favor of Adam Ivy vs. Lewis
Jackson and John W Jackson, security. Pr*>-
p rty pointed out by he plaintiff’. Levy made
and returned to me by a constable.
Als«\ at the same rime and p ace, one hundred
(100) acres of pine land, lying on the waters of
Rocky Comfort creek, adj -impg lands of Locke
and others; lev ed upon as the propertv of John
W. Jacksen, tosatify one fi fa. issued from (he
inferior court of said county, in favor of William
H. Bl uiitand Thomas J. Wheeler, bearers, vs.
JohnW Jackson. THOS. JuNES, Sh’ff.
May 29. 1845.
: A DMINISTRATOR’S Sales.—Un
i Zjl der and by virtue of a decree of His w onor
I Judge Schly, passed at May Term of Burke Su
i perior Court, 1844 :
Will be sold, on the first Tuesday in July next,
before the court house door in the town ol
Waynesboro, Burke ccunty, between the usual
hours of sale, the following property, to wit :
the interest of Lea-ton Sneed, deceased, in
the fol owing negro slaves: Jincy, Patience,
; Toney, and young Jinry, now in the posses
sion of Colonel Augustus H Anderson, who
i owns the life estate of Mary Spence in said
negroes: also, one-fifth of the interest in said
i negroes after her death, leaving four-fifths
of the interest vested in the estate of Leaston
Sneed, deceased.
Also, at the same time and place, will be sold,
one hundred ('00) acres of pine land, more or
less, in said county, belonging to said deceased,
adjoining lands of Martin Herrington and others.
Sold lor the benefit of the creditors of said de
ceased. Terms made known on the day.
May 20, 1845. D. COR KER Adm’r.
% DMiNISTRA Sai . Will
be sold before the court house door of
Wayne county, between the legal sale hours, on
the first Tuesday in August next, agreeably to
an order of the honorable inferior court of I in
coin county, sitting as a court of ordinary, two
tracts of land in said county of Wayne, known
a d distinguished by their locations as follows :
one lot in the second district. No one hundred
ane fifteen, (115,) containing four hundred and
ninety (-190) aerts. and drawn by William Haley,
jr : the other lot known as lot No. (92) ninety
two, third district of Wayne county, drawn by
Jam s Lucer, containing four hundred and nine
ty (490) acres; sold as the property of the estate
of Matthew Collars deceased, for the benefit of
the heirs and creditors of said estate. Tern’s on
the day. GEORGE COLLARS, Adm’r.
June 17, 1845.
Admin istrator’s sale.—on
the first Tuesday in August next, will be
sold, at the c urt house in Warrenton, Warren
county, agreeab e to an ordcrof the inferior court
of said county, when sitting for ordinary purpo
ses, a house and lot in said town, containing four
ucres, more or less, well improved, having a good
dwelling house and other necessary buildings
Also, one-third of the store house and lot of the
lat~ firm of Hundley. Cody & Hudson, in said
town; and at the same time, a negro woman
named Violet, about 60 vearsofage; all belonging
to lhe estate of William B. Hundley, dccea.-ed
COLUMBUS C. CODY, Adm’r.
May 29,1845.
ADMINISTRATOR’S Sale— Wil!
be sold in Crawfordville, on the Ist Tues
day in August next, agreeable to an order of the
honorable inferior court of Taliaferro county,
sitting as a c »u t of ordmary, the Negroes be
longing to the estate of Beniamin Pauli, deceas
ed. -Sold for the benefit of the creditors.
JOHN W. WILSON, Adm’r.
May 15, 1 15.
i Sale.— Will
be sold on Saturday, the sth day of July
n a xt, at the late residence of Wiley G. Sammons,
late of Jefferson county, deceased, all the perish
able propei ty belonging to said deceased. Terms
on the dav of sale. ~
KINCHEN WOMBLE, Adm’r.
_May 23, 1845.
4
ZaL the first Tuesday in October next, before
the court house door in Louisville, Jefferson
rnunty, agreeable to an order of t le inferior court
of Warren county, when sitting for ordinary pur
poses, wilj be sold, two hundred and fifty acres
of land, lying in Jefferson county, on the waters
of Ogeechy river. The said land was granted to
Richard Call, and sold by said Richard Call to
Fitz, Morris. Hunt, Are.; sold as th<‘ property
ot Robert Stanford; late of Warren county, de
ceased. for lhe benefit of the heirs and creditors
o. said deceased. Ter us cash.
June 17, 1845. ELISHA BURSON, Adm’r.
pXECUTOR’S SALE—By virtue
of an order of the honorable the interim
court of Columbia county, when sitting furor
din irv pu»n »se3, will be sold, at the lower mar
ket house in the city of Augusta, on the first
Tuesday tn July next, between the usual hours
1060 acres, more or less, of pine land, lying in
the county of Richmond, on spirit cr ek, adjoin
ing Crawford and oth< rs it being a part ct th
realestate of Charles T. Beale, deceased, and t
be sold fur the benefit of the heirs and creditor
of said deceased. Terms made known at th
sale. JOHNCLIETT, ) „ ,
Mav9 WH RTI NI) t LL. ( Exr 8 -
GWa.nu. —a consignment oi tin
m ce/*-hrated manure just received and so:
salsby ap!s ISAAC MOISE.
jpvb it Saks.
XECUTOR’S SA LE.—On the li7st
Tuesday in August next, will be sold, be- i
fore the court house door in Gilmer county, one
lot of land containing 160 acres, more or less,
originally Cherokee. 2d section, 25th district,
No. 228. Sold as the property of James Cart
lcd"e, sen’r., deceased, for the benefit of the le
gatees. JOHN CARTLEDGE, Ex’r.
May 29, 1845.
Dahlonega Watchman will please copy.
E“ EXECUTOR’S SALE—On the first
Tuesday in September next, at the lower
market house, in the city of Augusta, within the
usual houis of sale, under an ord> r of the honor
able inferior court of Burke county, when sitting
for ordinary, purposes, will be sold, the following
property, to wit: six hundred and seventy one
(671 acres of land, more or less, adjoining lands
f Wm. J. Rhodes, Rebecca Walker, and others,
known us the Mile tract. Sold as the property
of Elizabeth Walker, deceased, for the benefit of
the heirs of said deceased. Terms on the day of
sale. ALEX. CARSWELL, Ex’r.
May 16,1P45.
XieU I’OIUS S~AL 11^7—(Jn the first
Tuesday in August next, will be sold, be
fore th: court house door in Union county, one
lot of land containing 160 acres, more or less,
originally Cherokee, Ist section, 17th district,
No. 58. Sold as the property of James Cart
ledge, sen’r., deoastd, for the benefit of the le
gatees. JOHN CARTLEDGE, Ex’r.
May 29, 1845.
TJr Dahlonega Watchman will please copy.
GUARDIAN’S SALE—WiII be
sold at Washington, Wilkes county, on the
fitst Tuesday in July next, agreeable to an order
of lhe inferior court of ri ilkeseounty, when sit
ting as a court of ordinary, a tract of Imd in said
county, belonging to lhe estate of Jonathan
Gresham, deceased, containing three hundred
an I twenty-five (325) acres, more or less, on the
waters of Little River, adjoining Bowdre McCra
dy and others Sold to perfect titles.
April 28, 1815 BY THE GUARDI »N.
GUaRDIAN'S’SALE —On lhe first
Tuesday in Septeo ber, at lhe lower mar
ket house in the city of Augusta, within the
usual hours of sale, by virtue of an order ot 'he
honorable inferior court «>f Burke county, will be
sold the following Negroes, viz : Antony Jacob,
and Eley. Sold os the pioperty of El zabeth
W alker, deceased, for the benefit of the heir-.
WM A. CARR, Guardian for children.
May 16,1845.
(Citations
BURKE County, Georgia:
Whereas G. B. Powell applies to me
for letters of guardianship on the estate of I eon
idas Hatcher, a minor.
These are t erefore to cit? and admonish all
and singular, the kindred, creditors, and ail oth
ers interested in said minor, to be and appear at
my office within the time presetibed by law, to
show cause, if any they have, why said letters
should not be granted.
Given tinder my hand rt office in Waynesboro.
June 3. 1915 T H. BLOUNT, Clerk.
BUkKE County, G otgta ;
Whereas Henry Smith applies to me for
letters of administration on the estate of David
Smith, late of said county, deceased:
Tlk -i j are therefore to cite and admonish, al)
and sing't ar, the kindred and creditors of said
deceased, to be and appear at my office, within
the time prescribed by law, to show cause, if any
thev have, why said letters should not be granted.
Given under my hand at office in Waynesboro.
May k 9, 1845. T. H. BLOUNT, Clerk.
COLUAiBIA County, Georgia:
Whereas Mary A. Peaj applies to me for
letters of administra:ion on the estate of Wil
liam Peay, late of said county, d< erased :
These are therefore to cite and admonish, all
and singular, the kindred and credi’ors f said de
ce sed, to be and appear at my office, within the
time prescribed by law, to show cause, if any
tney have, why said letters should not be granted.
Given under my hand at office in Appling.
J nn<» 10 -1H45. GABRIEL JONEs, Clerk.
JEFFERSON County, Georgia;
Whereas William A. Jenkins app ies tn me
for letters of administration, on the estate oi
Laney Spann, late nf said county, deceased :
These are therefore to cite and admonish, all
and singular, the kindred and creditors of said
deceased, to be and appear at my office within th«
time pi escribed by law, to show cause, if any they
have, why said letters should not be granted.
Given under my hand at office in Louisvi'le.
E. BOTHWELL, Clerk.
ii June 12, 1815.
c TEFFERSON County, Georgia:
e Whereas Michael Wiggins applies to me lor
letters of administration, de bonis non, on Iht
j estate of John W. Holder, late oi said county, de
ceased:
, These are therefore to cite and admonish, al
and singular, the kindred and creditors of said de
ceased, to be and appear at my office within the
time prescribed by law, to show cause, if a y they
_ have, why said letters sh uld not be granted.
• Given under my hand at offic.e.
EBENEZER BOTHWELL, ClerK.
- Mwy 31 ’ 1945 ‘
f | EFFtbKSON County, Georgia;
9 J Whereas John W. Rheney, Arthur R. Chea
tham and Mllledge Murphey apply to me for let
f tors u£ad.uiuu»uttii<Mi on the estate and effects ol
- Frederic J. Rhenev, late of said county, deceased
These are therefore lo cite and admonish, all
1 andsingular, the kindred and creditors of said de-
• ceased, io be and appear at i y office, within iht
time prescribed by law, to show cause, f any they
> have, why said letters should not be granted.
3 Given under my hand at office in Louisville.
EBENEZER BOTHWELL, ClerK.
3 May 23, 1845
i 1 INCOLN County, Georgia:
1 ■ Whereas Francis F Fleming applies to me
i for letters of ad ministration < n the estate ol Dr.
i Ezekiel Lamar, late of said county, deceased :
? These are therefore to cite and admonish, al
i and singular, the Kindred and creditors of said de
. ceased, to be and appear at my office, within th
time prescribed bylaw to show cause, if any they
have, why said letters should not be granted.
Given under my hand at office in Lincolnton ,
HUGH HENDERSON, Clerk.
• May 29 1945
i> ICriMoN D County, Georgia.
■ Whereas Mary Ann Wilds applies to me
[ for letters of administration on the estate of Tho-
I ma< Wilds, late of said county, deceased :
These are therefore to cite and admonish all and
i singular, lhe kindred and creditors of said deceas
ed, to be and appear at my office, within the time
prescribed by law, to show’ cause, if any they
• have, why said letters should not be granted.
I Givei under my hand, at office in Augusta.
June 3, 1845. LEON P. DUGAS. I krk.
RICHMOND County, Geoigia.
Whereas Porter Fleming applies to me
for letters of administrati >n on the estate of Ed
mund 11. Borum, late of said county, deceased :
These are therefore to cite arid admonish ah’
and singular, the kindred and creditors of said de
ceased, to be and appear at n y office, within the
time prescribed by law, toshow cause, if any’ they
have, why said letters shou d nut be granted.
Given unuer my hand at office in Augusta.
r |Vt LI A FERRO County. Georgia :
fl Wlvreas John Evans applies to me f>r
letters of administrati mon the estate of Archi
bald Gresham, late of said county, deceased :
These are tnerefore to cite and admonish, all
and singular, the kindred and creditors of said de
ceased, to be and appear at my office within the
time prescribed by law to show cause, if any they
have, why said letters should not be granted.
Given under my hand at office in Ciawlbrd
viilc QUINEA O’NEAL, Clerk.
June 5, 1845.
County, Georgia:
v y Whereas Fiances E. Spivey applies to
me fur letters of administration on the estate of
Miles Spivey, late of said c unty,deceased:
Tnese are therefore to cite and admonish, all
and singular, the kindred and creditors of said de
ceased, to be and appear at my office withi i the
time prescribed by law, to eh »w cause, if any they
have, why said letters should not be granted.
Given under my hand at office in Wnrrent >n.
May 31, ISIS. P. N. MADDUX, Clerk.
NOTICE. —All persons indebted to
th? estate of Nathan Byrd, late of
Burke county, deceased, are requested to make
immediate payment; and those hiving claims
against said estate, will present them within ihe
lime prescribed by law.
June 3, 1845. B. E.
■jVTOTICE. —All persons having de
-1 mands against Warrington Haynie, late of
Richmond county, deceased, will present them
within the time prescribed by law; and those in
debted will make immediate payment to
EMELIUS P. HAYNIE, Adm’r.
May 20, 1845.
TVTOTIUE —All persons indebted to
J- ’ the estate of Thomas Dooly, late of Co
lumbia county, deceased, are requested to make
immediate payment, and those having claims
against said estate will present them within the
time prescribed by law.
_May 3, 1345. _ THOS. H. WHITE. F.x’r.
NOTICE. —All pers .ns indebted to
the estate of T. I’. Wagnon, late of Greene
county, deceased, are requested to make Imnae
di it<; piymcnt, and lh'»se having claims against
said es'atc will present them within the time
prescribed by law.
E. A. WAGNON. > ,
J H. WAGNON, S Adm rs ’
May 5. 1345. ♦
iVTOTICE.—AII persons indebted to
1 the estate of Joseph T. Mason, late oi
Burke county, deceased, are requested to make
immediate payment; and ail persons having de
mands against said estate topresent them, duly
attested, within the time prescribed by law.
April 30, 1845. GREEN ROBERTS. <
SCRIVEN County, Georgia.—To all
wh »m it may concern.—The subscrib rs I
rake this method of notifying all the h irs of ?
he estate of William Lipsey, deceased, that they
will apply to the honorable the inferior court ol r
Scriven county, when sitting as a court of oral- <
nary, on the first Monday in November next. f<.r I
•n order to divide the estate of paid Wm. Lij>- i
sey, deceased, at which time the heirs of saio (
lectased, namely: Severn VValey, Bar>»h V\ii- j
iatns, Stephen P. Beville, E ijah Lipsey, Wil
iam Lipsey, Jane Lipsey, Barb try Lipsey, ar.
. quested to attend and file their objections, i
mv they have, why said division shall not tak
lace, on Wednesdn, th .- 10th lav of Decetnbei
1-45. HENRY H. McGEE, A m’r. j
.SARAH WILLIAMS, Adtn’x.
April 26, 1845. <
mMANSION HOUSE.>
JKIIL AUGUSTA, GKOZGIA, XJIL
CORNER OF BROAD AND
The tnoHt central location in the city, reient
ly put in fir.'t rate cond tion, with many improve
ments. „
30* The office of the Greenv He, S. C., St a ,-
nah, Macon nod > lorida Stage Lines kept at thia
holme. DANIEL MIXER. Proprietor,
(Is\v I ate of the Eagle A I’ha-nix Hotel.
VAJaUABLE PLANTATION FOR
LJ SALE 1 1
tpw THE SUBSCRIBERS
offer for sale ail that valuable
property on Ogeechy river, in J>
son county, containing Two Thou
sand Acres, known as the FENN’S BRIDGE
PLAUE. The improvements consist nf two
Dwelling Houses, with all requisite out-build
ings, two stoe-housts, gin-house, packing
screw, blacksmith’s shop, barn, stables, &c. —
From 400 to 500 acres of land are under cultiva
tion, and the balance of the land is well adapted
to fanning.
Asa stand for merchandising, ihis place is un
rivalled ; and for a public house, blacksmith
shop and farming, it possesses superior advanta
ges.
Ir wi 1 be sold on a liberal credit, or for stock
in the Central or Georgia Rail Roads, or for Ne
gro property. Apply on the premises to K inchen
Womble, or to John H Newton, Athens Ga.
WOMBLE & NEWTON.
Persons wishing to purchase can app»y for in
formation to the following persons :
T. J. Parmelee, J. W. Jones, Augusta.
Asa Holt and C* A. Greiner, Savannah.
G. W. Hines, Macon.
Daniel Matthews, Hawkinsville, mvls Iv
A lib USE AMJ LOT" FOR
SALE AT RICHMOND BATH.—The
subscriber offers lor sa e one among the most de
sirable locations at this pleasant summer re
treat. The advantages to be enjoyed here, in
(inc health, pure water, polished society, and a
select school of high merit, are scarcely equalled
in our state. Those wishing to avail themselves
of these advantages, can have a house and lotnn
accommodating terms, with good outbuildings,
gardens, &c. Apply to the subscriber on the
premises, or to Doctor Jamr s B Walker, in Au
gusta. GEO. H. HARRIS.
my 22 trw&wlm
O MADISON SPRINGS, GA ~
Mjill Ths fashionable WATERING PI.ACE
Hiii be in reauincss for visitors by ilu lat of May
As the proprietor has made this his pern ancn
place of residence, in addition to other improve
men ts, he is now building and will have In readi
ness, 2 splendid Ten-Pin Alleys, Bar and Bi iiard
tooms, fine Bathing establishment, and severe
cottages, with four rooms each, suited for fami
lies or parties. Pn para (ions nre making for 300
Persons. DANIEL MORRISON.
mh26 d&wtf
BRUUGUT to the Crawford-
* » v^e *^ on 12th June, inst, a ne
gro man, who says that his name is
TOM, and that he belongs to one Wil
liam McLeroy, of Columbia county, Ga lie is
about 24 years of age, 5 feet nine or ten inches
high, tolerably daik, and stout made. Tht own
er is requested to come forward, prove property,
pavex cnees and take him from jail.
June 17. «Rls. WM. ALEXANDER, JMlnr.
BROUGHT to the Augusta
jhk Jail on the 25(11 May, a negro man v'ho
/V sms that his name is CYRU>*, and
_ that he belongs to Gideon Strange of
Washington county, Ga. He is about 20 years
of age, 5 feet 6 or 7 inches high, well made. The
owner is requested to come forward, pr<>vc pro
pertv. pay exoenses, and take him from jail.
jelO 3tw W. D. Bi<O ‘ME, Jailor.
•a SHOREWARD.—Escapefrom
jK Lincoln Jail.—Brought to jail in Lin-
colnton, Li woln county, on Wednes
day. the 9(h day of April, a negro boy
named ANDERSON, the property of Thomas
Woods, of Hamburg, S C. When brought to
ail, said boy was making hin way to Carnesville,
Franklin county, and stated that he belonged to
Clark Terre l, of Carnesville. Said negro has
escaped from jail and the above reward will be
paid to any one appiehending said negro, and
placing him in some safe jail so that 1 can get
him.
Description — The boy is supposed to be 22
I years old, uark complected, two front teeth out
above on each side, two remaining between
I them ; a large scar is visible in his left jaw.
I When he escaped jail he had on a kersey round
about and pantaloons, shoes well nigh worn out,
and an old hut. Scars are visible from the back
of his shoulders down, occasioned by severe pun
ishment before brought to jail.
mys A D. BAGGERLY, Jailor.
£l5O REWARD.
•ax RAN A WAY from my resi-
Sk dence, near Montevdlo, In Shelby coun
ty, in March last, my Negro DANIEL,
w - He is low in stature well set, ye’low
complexion, has a scar on hisfac?, a wen on the
inside oi his lip, and is a carpenter by trade.
1 will give 850 to any person who will appre
hend and safely lodge him in any jail in Giorgia
>r South < aroiina ; and also 8100 for the appre
hension of the rascal who gave him free paj ers.
Said Daniel goes usually well dressed, and
commonly goes by the name of Robinson. If
said Daniel be apprehended, 1 wish his free pa
pers taken from him and preserved, so that I can
get possession ol them.
1 HOS. T. WH FFjf j/irr
October 12-«H£ co., Ala.
860 REWARD.
STOP THE RUNAWAY
, Ranaway from the subscriber on the 3rd
, install!, a dark mulatto fellow, named
HENRY, about twenty two y< a s ol age
rive feet nine or ten inches Iduh, homely mouth,
his front teeth prominent, thick lips, wore off a
high crown cap. I bought said negro from N.
C. Trowbridge, last August, in Augusta, and
learn that he was raised by a Mr. George W.
e Duncan, of Barnwell District, S. C., to which
place he designs going. The boy was in Augus
ta last Sunday. I will give a reward of fifty dul-
I ars to any person who will take up the boy, and
put him in Jail, so that I get him.
JAJ«ES GRIGGS,
y Eatonton, March 16. 1844. wtf
! $lO REWARD —Strayed or
rrtA stolen f otn the wagon of the subecri
—*-1 in the city of Augusta, on the
- nigntof the fourteenth (14) day of the present
month, a light bay hors , about seven years old,
e rising fifteen hands high, small star in the lote-
- head, splint knots on both fore legs, that on the
left most prominent, one hind fool white to the
j pastern, mane and t. I black, walksand pace*
- well, but trots little uwkward and rouuh. The
e above reward will be paid to any person deliver
y ingsaid horse to me in Oglethorpe county, or
any Information relative to said horse will be
thankfully reciived. WM. VaUGHN.
Goosepond, Ga., Eeb. 24, 1845. Jaweowff
NOTICE. ~
o vv $5 REWARD.—St rayed from
fTTt the residence of the subscriber about
'■ *" the first of May last, a s.»rrel horse,
; supposed to be Bor 9 years old, his fore-lop cut
- oil, and branded with aC on the left fore snoul
e der and rump; no o»h<?r marks recollected. Any
? person delivering said horse to me in Taliaferro
county, two miles from Crawfordville, will re
ceive the above reward, or any information re-,
spt cring said horse will be thankfully received
—the horse is siightly bellowsed.
; jt3-w4i ABSALOM <4RI>ITAMi._
a GANO— This thorough-bred
horse will make the ensuing Spring
1 ’ Tfi season at his stable nt lhe Lafayette
luice ( uurse, and at the plantation of Augus'us
LamUn, in Columbia county, commencing the
Ist of March and ending 16th July.
Terms—Twenty dollars the season nnd fifty
cents to the groom, payable the Ist December
mxt; the note in every instam eto accompany
the mare. For further particulars, pedigree, &c.,
see handbills.
Every precaution wiU he used to prevent
accidents or escapes, yet no liability will be in
curred for either. The under igned has made
ample arrangements for keeping Mares left with
the Horse, und the charges wil be in conformity
with the times.. THO-S. J WALTON,
ja2s-wtJyl AUGUSTUS B. LAMKIN.
NOTH i:.
<p ( 810 RE 'VAR D.—Strayed
, from the residence of the subscriber,
-LAX J- on the evening of the 16th December
last, a gray mare, supposed to be nine years old,
about 14| hands high, slightly Apr bi ten, some
wind i alls about her pastern joints, shod oefore,
half of each shoe broke off when she left. Any
person delivering said m»re to me in Columbia
county, 3| miles from Dearing Depot, on the
Georgia Hail Road, will receive the above rewant
—or any information respecting said mare will
be thankfully received. Aly address is Lombardy
P. 0., Columbia county. The above mare was
raised by Mr. King, of Upson county, Ga., to
which place I suppose she is making for.
jaG w WILLIS PALMER.
LEATHER.-- 15,000
/ lbs. Hemlock Sole Lcither
10.000 lbs. Oak “ “
10,000 Ibt. Harncs Leather.
5 000 lbs Skirling
5,000 lbs Band
500 sides Upper
300 “ and Bridie
100 “ and 50h : des Top
100 doz Calf Skins, assorted,
75 “ Lining “ u
1,000 lbs Shoe Thread.
Springs, axle-, mal cable castings, pi tent
leatb r, patent cloth, rubber cloth, damask bit ad
cloths, lares, fringes, lasts, pegs, french kit. sad
dle trees, hog skins, pad skins, linen, worsted
and cotton web. &c.,&c., comprising n complete
assortment of saddle, coach and shoe maker’s
tools and materials—all of which, with our usual,
heavy stock of saddles an I saddle*y hardware,,
of ou. own manufacture and importation, are o$
ferrd at New York prices.
WRIGHT, NICHOL* & CO.,
ji23-wttrwtf (late W igh’. Bill
JEFFERSON County, Georgia.— in
the .SUPERIOR COURT—May Term, 1845
—His Honor Judg'e John Nhly, Presiding.
BILL FOR DISCOVERY, RELIEF, Ac.—
Little B. Bostick vs Henry B. Todd and wife,
and others.
It appearing to the court that Nathaniel Boa
tick, one ot the defendants, resides in the county
nt Wilkinson, in this state, and that Thomae
Flournoy, Robert Flournoy and Mary Anne
Flournoy, three of the defendants, reside in
Chambers county, in the state of Alabama: It
is ordered, that service of the said bill be perfect
ed on said defendant by publishing this notice ».n
me of the public gazettes ot this state, oncu a
nonth for four months previous to the next t<zni
i this court.
[ i true extract from the minutes of sa : d court,
tor May term, 184 F. this 30-h day of May, 1845.1
EBENEZER BOTHWELI,, Clerk
je!2 lam4m