Volume 41 — Alabama Reports

Heard before the Hon. J. Q. Loomis. The bill in this case was filed by the appellant, on the 26th March, 1866, against Elisha S. Olmstead and others; and sought to enjoin the defendants from keeping and using a public ferry across the Black Warrior river opposite the city of Tuskaloosa, in alleged violation of the complainant’s chartered rights, and to compel an account of the tolls which the defendants had received from the ferry.

In the matter of the estate of Herrin M. Satcher, deceased, on the application of Jesse Satcher and others, claiming as heirs-at-law of said decedent, to set aside a sale of his real estate, which had been previously made by his administrator, W. T. Kirkland, under an order of said probate court.

Tried before tbe Hon. H. Chamberlain. The appellees in this case filed a libel, on the 30th March, 1866, against the steamboat Belfast, to recover damages for the loss of twenty-nine bales of cotton, part of a lot of one hundred bales, which were shipped by them on said steamboat, on the 23d January, 1866, at Vienna, in Pickens county, Alabama, consigned to J. E. Curran & Co. at Mobile.

In the matter of the estate of Robert A. Hairston, deceased, on final settlement of the accounts and vouchers of Mrs. Mary Hairston, deceased, his widow and administratrix, by Charles Hays, her executor.

Tried before the Hon. Thos. M. Arrington. The appellant in this case recovered a judgment in said city court, against the appellee, on the 3d March, 1863, for $4,677.84, principal, and $497.96, interest.

Thos. M. Arrington. The appellants in this case recovered a judgment against the appellee, on the 7th March, 1861, in the county court of Montgomery, (whose records were afterwards transferred to said city court,) for six hundred and eighty-six 85-100 dollars- An execution was issued on this judgment on the 25th March, 1861, which was placed in the hands of W. Gr.

Tried before the Hon. J. MoCaleb Wiley. This action was brought by W. D. Horn, against the county of Barbour, and was commenced on the 20th February, 1859.

Tried before the Hon. F. Bugbee. This action was brought by William Taylor & Co., against Robert D. Glover, to recover damages for the breach of a warranty of the soundness of a slave; and was commenced by original attachment, which was sued out on the 21st November, 1859. The attachment was levied by the sheriff, on the 23d November, 1859, on two slaves as the property of the defendant, which were replevied by him on the same day.

Tried before the Hon. Geo. Goldthwaite. This action was brought by Joseph Meyer & Co., against Jonathan Elanagan, Anne Key, and Milton H. Berry; was founded on a promissory note for four hundred and fifty dollars, executed by the defendants as joint makers, dated the 12th January, 1861, and payable one day after date; and was commenced on the 18th March, 1861.

Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 26th June, 1866, by Moses Waring, against the corporate authorities of the city of Mobile, and the city tax-collector; and sought to enjoin the collection of a tax, assessed under an ordinance of said municipal corporation, of fifty cents on each hundred dollars gross proceeds of the sale of merchandise after the 1st January, 1866, The new charter of the city of Mobile was passed on the 2d February,…

<p>Appeal from the Circuit Court of Clarke.</p> <p>Motion for an affirmance of a judgment on certificate. All the facts of the case are stated in the opinion of the court.</p>

Tried before the Hou. C. W. Rapier. This action was brought by Chamberlain & Co., against Herman Parker and Phineas O. Poster, to recover “ a certain schooner flat-boat, named and called The California,” together with damages for its detention; and was commenced on the 27th August, 1861. On the trial, as the bill of exceptions states, “ when the evidence was closed, the court inquired, before charging the jury, what were the pleas in the case.

Tried before the Hon. H. D. Clayton. This was a statutory trial of tbe right of property in and to a stock of goods, on wbicb an attachment bad been levied, at tbe suit of tbe appellants, as tbe property of J. A. Newberry & Brother, and to wbicb a claim bad been interposed, under tbe statute, by Joseph C. Newberry, who was tbe father of tbe defendants in attachment; and tbe claimant having died pending tbe suit, it was revived in tbe name of bis administrator.

Tried before the Hon. Abram: Martin, special judge, selected by the parties on account of the incompetency of the presiding circuit judge. This action wa,s brought by Eobert M. Patton, as the governor of the State of Alabama, against Wm. B. Gilmer and others, and was commenced on the 10th day of November, 1866.

In the matter of the petition of J. C- Dennis and Clara A. Dennis, (formerly Clara A. Cleagh,) his wife, to set aside a decree of said probate court, rendered on the 13th March, 1865, on final settlement of the accounts and vouchers of W. H. Ketchum and Willie S. Ketchum, as guardians of the said Clara, and to obtain a new trial of the cause.

Tried before the Hon. John E. Moore. This action was brought by William Cowan and others, against Isabella Cooper, and was commenced on the 14th August, 1856.

Tried before the Hon. Geo. Goldthwaite. This was an application by Albert G. McGehee, for a mandamus against Marion A. Chisholm, the comptroller of public accounts, requiring that officer to draw his warrant on the State treasurer, in favor of the petitioner, for the sum of four thousand one hundred and sixty-six 66-100 dollars, claimed by the petitioner to be due to him from the State, as compensation for his services as salt commissioner, under the appointment of the…

Eand, deceased, on the trial of an issue of insolvency vel non, between the administrators and Wills & Hobbs, contesting creditors. The intestate died in June, 1864. Letters of administration on his estate were granted by said probate court, on the 14th November, 1864, to his widow, Mrs. Sarah C. Eand, who, in November, 1865, married James C. Taylor.

The record in this case shows, that, on the 11 th day of January, 1864, W. E. Cunningham, as the guardian of Shadrach Dick, a minor, made a final settlement with said probate court of his accounts and vouchers as such guardian ; and that a decree was thereupon rendered against him, by said probate court, in the following words: “ This day having been set to hear and determine the matters as to the account heretofore filed by W. E. Cunningham, guardian of said minor, for a…

Tried before the Hon. F. Bugbee. This action was brought by Bichard Coxe, against Jos. 5. Winter; was commenced on the 13th October, 1857; and was founded on a promissory note, of which the following is a copy. “$330.17. Montgomery, December 29, 1854.

In the matter of the application of B. B. Brown and L. L. Brown, as administrators of the estate of John A. Brown, deceased, for an order to sell the real estate belonging to said decedent, for the purpose of making an equitable division among the heirs. The intestate died on the 29th March, Í866. The petition for the order of sale was filed on the 6th June, 1866, and was contested by N. H. Brown and the guardian ad litem of the infant heirs.

Tried before the Hon. John X. Henry. This action was brought by Mrs. Mary Carter, (who was described in the summons, and in the original complaint, as the wife of Augustus Carter,) against… Held: owned, and claimed the same, as her separate estate, under and by virtue of the statutes of Alabama, in such cases made and provided.” The will of said Rufus K. George, as set out in the complaint, was dated the 30th September, 1862, and attested by three subscribing witnesses.

Tried before the Hon. W. D. Bragg, as special judge, selected by tbe parties on account of the incompetency of the presiding judge.

In the matter of the final settlement of the accounts and vouchers of John Watson, as guardian of Jane A. Beasley, (late Williams,) wife of William Beasley.

Tried before the Hon. John K. Henry. The applellants in this case recovered a judgment against Mary Keiffer, at the October term of said circuit court, 1857, for five hundred and thirty-eight 21-100 dollars damages, besides costs; and an execution on this judgment having been returned “no property found,” they sued out process of garnishment on the 2d March, 1859, and summoned James Heydon as the debtor of said Mary Keiffer.

Tried before the Hon. C. W. Rapier. This action was brought by Thomas P. Morgan, against Elisha B. Lott, and was commenced on the 5th July, 1866. The complaint contained only the common count for money had and received; the amount claimed being twelve hundred and eighteen 36-100 dollars, with interest from the 27th March, 1866.

Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 13th February; 1866, by Daniel McClellan, against Manson D. Hart and Joel A. Hudspeth, for the purpose of compelling the specific performance of a parol contract for the'sale of lands. The material facts of the case are stated in the opinion of the court. On final hearing, on pleadings and proof, the chancellor rendered a decree for the complainant; and his decree is now assigned as error.

<p>Appeal from the Circuit Court of Henry.</p> <p>Tried before the Hon. H. D. Clapton.</p> <p>The facts of the case are stated in the opinion of the court.</p>

The record does not show the name of the presiding judge in the court below. The appellant in this case instituted a real action, in the nature of an action of ejectment, against the appellee, on the 20th March, 1859, and recovered a judgment by default on the 7th December, 1860.

Tried before the Hon. John E. Moore. This action was brought by Peter S. Dechard, against John S. Eustace, as the administrator of Philip D. Swink, deceased; and was commenced on the 31st July, 1854.

Joseph E. John. The bill in this case was filed, on the 19th November, 1859, by the five youngest children of Martha Shaddock, (now Martha Carey, the wife of William Carey,) against the said Martha and William Carey, and one Hugh Jones; and sought to enforce a parol trust in three slaves, to-wit, Dick, Turner, and Wash, and to charge the defendant Jones with the value and hire of said slaves.

In the matter of the estate of James Wright, deceased, on final settlement of the accounts and vouchers of Jesse Wilkerson, as special administrator of said decedent. Letters of special administration on the estate of said decedent were granted to said Wilkerson, by said probate court, on the 12th January, 1867.

In the matter of the estate of Carter B. Harrison, deceased, on the application of Thomas W. Meadors, and Martha Susan Meadors, his wife, for a decree of partial distribution.

Tried before the Hon. Robert Dougherty. This was a motion by William M. Russell, against Richard P. Baker, as the sheriff of said county, for a failure to make the money on an execution, when by due diligence it might have been made.

Tried before the Hon. John Henderson. This action was brought by the executors of James H. Dearing, deceased, against Robert Jemison and Eletcher Sloan; and was commenced on the 1st March, 1862.

Tried before the Hon. O. W. Bapier. This action was brought by E. G. Kimball, who was the general administrator of Mobile county, and who sued as the administrator de bonis non of Isaac H. Erwin, deceased, against James W. Russell, Ellen Thompson, and Theodore Petit, to recover the possession of four city lots in Mobile, with damages for their detention; and was commenced on the 31st May, 1858.

Tried before the Hon. John K. Henry. This was a motion by Henry Kaster, against E. C. McWilliams, as the sheriff of said county, for failing to make the money on an execution, when by due diligence it might have been made.

Tried before the Hon. David Campbell. The action in this case was commenced on the 8th February, 1862, and was founded on a bill of exchange, which was drawn by the defendant, payable to his own order, and by him endorsed to the plaintiff. Judgment by default was rendered on the 1st September, 1862 ; and that judgment is now assigned as error, on the ground that it was coram non judice and void.

Heard before the Hon. N. W. Cocke. On the 20th October, 1865, James H. Daughdrill filed his bill in equity against John Sweeney, asking the cancellation of a mortgage, and of the promissory note which it was given to secure, an injunction of a sale under the mortgage, a redemption of the mortgaged premises, an account, and general relief.

Tried before the Hon. John Henderson. The appellee in this case, who was the sheriff of Tuskaloosa county, made application to said circuit court, at its October term, 1866, by motion, for instructions as to the appropriation of money under sundry executions in his hands against John W. Prewitt.

Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 2d April, 1864, by Mrs. Theresa Blum, suing by her next friend, against Thomas B. Stalworth; and sought the cancellation of a mortgage, a redemption of the mortgaged premises, an account, and general relief.

In the matter of the final settlement of the accounts and vouchers of Peter Bogia, as guardian of Ellen Darden, formerly Ellen Holman, now the wife of Henry 0. Darden.

In the matter of the petition of Mrs. E. C. Chisolm, the widow of Robert J. Chisolm, deceased, for an allotment of the homestead, “ in accordance with section 1738 of the’ Code, and the laws amendatory thereof,” belonging to the estate of her said deceased husband.

Tried before the Hon. James Cobbs. This was a motion by William R. Hardaway, the sheriff of said county, for instructions how to apply certain moneys in his hands, arising from the sale of property belonging to Abram F. Alexander, deceased, and Ephraim J. Butler, under sundry executions. The several plaintiffs in execution, being notified of the motion, came into court, and contested with each other their respective rights to the money.

Tried before the Hon. C. W. Rapier. This action was brought by the appellants, against John Parham, to recover damages “ for wrongfully taking the following goods and chattels, the property of the… Held: that the defendant was not liable, and rendered judgment for costs against the plaintiffs; to which the plaintiffs excepted,” and which they now assign as error.

Tried before the Hon. James Cobbs. The bill of exceptions in this case is as follows: “ In this case, the sheriff of said county, having levied certain executions, hereinafter specified, upon the property of one Frederick L. Chiles, the defendant in said executions, and sold the same for the sum of twenty-nine hundred and ninety-three 87-100 dollars, brought the said money into court, and moved the court to apply the same according to law.

Heard before the Hon. Thos. B. Wetmore, as special chancellor, appointed under the provisions of section 611 of the Code, in consequence of the incompetency of the Hon. J. E. John to preside.

Appear from the Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The bill in this case was filed, on the 6th August, 1860, by Daniel S. Morton, against John W. Scruggs and Robert 33.

Heard before the Hon. John Foster. The bill in this case was filed, on the 10th March, 1860, by Henry C. Jones, John Peters, and Richard B. Baugh, as judgment creditors of Samuel S. Clark, against said Clark and John W. Scruggs; and sought to reach and subject to the satisfaction of the complainants’ several judgments said Clark’s interest in a certain lot, or tract of land, which was situated in said county of Madison, and the legal title to which was held by said Scruggs.…

Tried before tbe Hon. Robert Dougherty. This action was brought by Cleveland Croft, as tbe administrator of Mrs. Matilda Walker, deceased, against Mrs. Martba T. C. Walker, as tbe administratrix of Jetbro Walker, deceased, who was tbe husband of said Matilda Walker; and was commenced on tbe 21st February, Í8CQv'-> Tbe complaint contained tbe common counts, on an account stated, and for money bad and received. Tbe record does not show what pleas were filed.

In the matter of the estate of George Sowell, deceased, on the petition of Eobert G. Sowell to set aside the probate of the last will and testament of said decedent, and to revoke the letters of administration granted by said court to George N. Traywick. The petition was filed on the 10th March, 1866, and alleged, that said decedent died on the 11th day of September, 1863, after having made and published his last will and testament, of which the petitioner and one 3?. I).

In tbe matter of tbe final settlement of tbe accounts and vouchers of Socrates Parker, as administrator of tbe estate of Henry H. Harris, deceased. Letters of administration on said decedent’s estate were granted to said Parker, by said probate court of Sumter, on the 13th October, 1862; and the settlement was made on the 8th October, 1866.

Tried before the Hon. John Henderson. This was a motion by Philander A. Cribbs, and Massengale & Cribbs, defendants in execution, to set aside the sal® of lands by the sheriff, under sundry executions against them.

In the matter of the final settlement of the accounts and vouchers of Elisha Calhoun, as guardian of Eliza Calhoun. The guardian’s accounts were filed for settlement on the 16th August, 1866, and the settlement was made on the 8th October following.

Heard before the Hon. John Foster. The original bill in this case was filed, on the 6th April, 1867, by Edward N. Thompson, against Charles S. England and Jesse A. Carter; and sought to divest out of the defendants the legal title to a certain tract of land, which was in the possession of said Jesse Carter, and which he had conveyed, by deed of trust, dated the 18th January, 1846, to James B. Graham as trustee, to secure the payment of three promissory notes, due to David G.…

In the matter of the final settlement of the accounts and vouchers of Gray Padgett, as the guardian of Eliza Padgett, a minor. On the settlement, which was made on the 7th December, 1866, several exceptions were reserved by the ward to the rulings of the court on questions of practice and evidence, and also to the final decree; and these matters are here assigned as error.

.Appeal from the Probate Court of Pike. In the matter of the petition of Mary J. Myers, by her next friend, for the’removal of Hugh E. Segars from the guardianship of her property, on account of his failure to return an inventory of her property within the time required by law.

Tried before the Hon. C. W. Bapier. This was a proceeding in admiralty, at the suit of James M. Tindal, against the steamboat Waverley. The libel was filed on the 2d June, 1866, to enforce a claim for unpaid wages due to the libellant as a pilot.

<p>[MOTION TO DISMISS APEGAD, &C.]</p> <p>1. Certificate of appeal; certiorm-i. — When the clerk does not certify the time when the appeal was taken, nor even the fact that any appeal at all was taken, (Code, §§ 3016, 3022,) the appeal will be dismissed on motion ; but, if the transcript shows that a sufficient certificate might have been made, and the cause is submitted on the merits when regularly reached on the docket, and the submission is afterwards set aside, at the instance of the appellee, in the absence of the appellant’s counsel, the court will continue the motion to dismiss, and award a certiorari, ■ea; mero mota, to perfect the certificate.</p>

Tried before the Hon. H. D. Clayton. This was a petition by Jonathan Davis, to supersede and quash an execution against him, which was founded on a judgment rendered by said circuit court, at its fall term, 1861, in favor of B. T. Hudspeth & Co.; and was issued in June, 1866. The petition for the supersedeas was filed on the 22d October, 1866, and alleged that' the judgment, had been paid and satisfied by the defendant in April, 1862.

Tried before the Hon. Nat. Cook. This action was brought by Benjamin R. Thomas, as the administrator of Mary Hawkins, deceased, against Obadiah A. Dumas, to recover damages for the conversion of several slaves; and was commenced on the 23d day of February, 1858.

From the Circuit Court of Dale. Tried before the Hon. H. D. Clayton.

From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington.

From the Circuit Court of Montgomery. Tried before the Hon. Geo. Goldthwaite.

Application by Joe Hixon, a freedman, for the writ of habeas corpus, to revise the decision of the Hon. P. G. Wood, presiding in the city court of Selma, who refused to discharge the petitioner from imprisonment in the county jail of Balias, under a sentence imposed by a justice of the peace on a conviction of larceny.

From the Circuit Court of Morgan. Tried before tbe Hon. Wi. B. Wood.

Tried before the Hon. Bobt. Dougherty. The indictment in this case was found on the 16th November, 1866, and was as follows : “ The grand jury of said county charge, that, before the finding of this indictment, Stephen D. Lewis, being employed as bridge-keeper of the Girard bridge, which bridge was chartered by the commissioners’ court of said county, did demand and collect from Benjamin E. Piper larger toll than is authorized by said charter; against the peace,” &c. The…

From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington.

From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington.

Heard before tbe Hon. N. W. Cocke. The bill in this case was filed, on the 31st August, 1865, by Henry L. Bacho, against Frederic K.… Held: that the complainant was entitled to relief; and he therefore ordered a reference to the master, to ascertain— “.1st, what was the value in gold, on the 20th day of October, 1863, of the Confederate treasury-notes loaned by the defendant to the complainant, and what amount is now due thereon, including interest on said value from the…

In the matter of the petition of Mrs. Mary B. Steadman, for an assignment of her dower in the lands of which her deceased husband, John… Held: and had in possession as her separate estate, at the death of her said husband; and which was, at the death of her said husband, greater in value than her dower interest and distributive share in his estate at the date of his death, computing the value thereof under the rule prescribed by sections 1991 and 1992 of the Code of Alabama.

Tried before tbe Hon. H. Chamberlain. This action was brought by Mrs. Julia A. Hopkins, against the appellant, and was commenced on the 30th October, 1866.

Appear from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington.

Tried before the Hon. Thos. M. Arrington. This action was brought by William B. Hall, against Josiah Morris, W. C. Eay, A. E. Given, E. H. Metcalf, and D. Browder, to recover damages for the conversion of one hundred and twenty-five bales of cotton; and was commenced on the 19th January, 1866.

Tried before tbe Hon. B. F. Saeeold. This was a motion to set aside an entry of satisfaction of a judgment. Tbe judgment was rendered, in said circuit court, on tbe 19tb November, 1862, in favor of George Robbins and Seleta Jackson, against Antonio Aicardi and Samuel M. Hill, for tbe sum of $3,508.30 debt, and $529.37 interest ; tbe action, wbieb was founded on a promissory note, having been commenced on tbe 8tb April, 1861.

Tried before the Hon. Thos. M. Arrington. In this case, three separate actions were brought by Charles H. Molton, against Sidney Kirtland ; all being commenced on the 16th January, 1866, and each being founded on a promissory note. Each of the notes was executed by the defendant, dated the 8th December, 1864, and payable to 0.

In the matter of the final settlement of the accounts and vouchers of Mrs. Harriet Glenn, as administratrix of the estate of her deceased husband, Bobert I. Glenn; “on the trial of which final settlement,” as the record states, “ the following agreed case and bill of exceptions were made and taken by the parties “ It is agreed in this case, that Bobert J. 'Glenn, the intestate, died in this State, on the 1th day of May, 1858; that the value of his slaves and other personal…

In tbe matter of the estate of Addison Hoard, deceased. The record shows, that letters of administration on the estate of said decedent were granted by said probate court, on the 19th April, 1859, to Preston G. Nash, who gave bond, and entered immediately on the discharge of the duties of the trust; and that on the 9th September, 1862, the said administrator filed a petition in said probate court, asking an order to sell the decedent’s lands for the purpose of making an…

In the matter of the final settlement of the accounts and Touchers of Socrates Parker, as administrator of the estate of Henry H. Harris, deceased.

In the matter of the estate of Isaac Kirksey, deceased, on final settlement of the accounts and vouchers of Albert O. Kirksey, as administrator. The record does not show when the intestate died, nor when letters of administration on his estate were granted to said Albert O. Kirksey. The final settlement was made on the 21st September, 1867.

Tried, before the Hon. H. Chamberlain. This action was brought by William C. Jarboe, as surviving partner of the late firm of Jarboe & Miller, to recover two hundred and ninety-five dollars, “as damages, for the failure to deliver certain goods, to-wit, three boxes of tobacco, received by said defendant as a common carrier,to be delivered to said Miller, at Mobile, for a reward; which said defendant failed to do.” The action was commenced on the 18th June, 1863; and the…

Heard before the Hon. J. Q. Loomis. The bill in this case was filed, in November, 1866, by William E. and Mary A. Lewis, Jacob and Margaret Dansby, and Bradley Eidgway, against William Perldns, as the sole surviving surety on the official bond of Moses Hubbard and John M. Bell, as executors of the last will and testament of Mrs. Eebeeca Bell, deceased; and sought to charge the defendant, as such surety, on account of the default of the said executors, in failing to pay over…

Tried before tbe Hon. Bobebt Dougherty. This action was brought by William Edmonds, against tbe appellant, and was commenced on the 26tb February} 1866.

Tried before the Hon. John K. Henry. This action was brought by Howell Bose, against Nathan Bozeman and D. W. Bozeman, and was commenced by original attachment, which was sued out on the 4th August, 1865, and which -was levied on fifty-one bales of cotton, as the property of said Nathan Bozeman. At the fall term, 1865, the plaintiff discontinued his action against D. W. Bozeman, and filed a complaint against Nathan Bozeman alone.

Tried before the Hon. Henry D. Clayton. This action.was brought by Benjamin E. Pearson, against Columbus A. Rose, and was commenced on the 3d April, 1861.

Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 25 th October, 1860, by Baymond Bobinson, against Cullom & Co.,… Held: and still hold, the title to said lands for the purposes expressed in said mortgage; that each and all of the conveyances hereinbefore mentioned, except said mortgage, be set aside, held for naught, and ordered to be given up to be cancelled; that said defendants, and each and every one of them, and all persons claiming through or…

Tried before the Hou. H. D. Clayton. This action was brought by Samuel S. and Elizabeth C. Bellah, (who were husband and wife,) against John W. Stuckey, to recover damages for the conversion of a gold watch and chain, which the plaintiffs claimed under a verbal gift from Robert H. Stuckey, deceased, to Mrs. Elizabeth C. Bellah, (who was the mother-in-law of said Robert H. Stuckey,) and which the defendant held as assets of the estate of said Robert H. Stuckey, of which he…

Heard before the Hon. Jno. Q. Loomis, In the matter of the final settlement of the accounts of William P. De Jarnette, as trustee for James T. De J arnette. The trust was created by the will of John P. De Jarnette, deceased, which was admitted to probate, in the probate court of said county, on the 13th September, 1853.

Tried before the Hon. H. Chamberlain. In this case, a libel was filed by the appellees, on the 29th March, 1867, against the steamboat Mist, then lying in the port of Mobile, her tackle, apparel, &o.… Held: that these words applied only to contracts essentially to bo performed on tide-waters, and services essentially maritime, or contracts essentially maritime in their nature. — 10 Wheaton, 428; 7 Peters, 228, 344; 11 Peters, 175; 3 Sumner, 144, 149.

In the matter of the estate of Matthew Matthews, deceased, on the application of Milton J. Moore, the administrator, for an order to sell the real estate of which said decedent died seized and possessed.

Tried before the Hon. 0. W. Bapier. This action was brought by George W. Tarleton, against the Southern Bank of Alabama; was commenced on the 7th September, 1865; and was founded on a bill of exchange, or bank-check, of which the following is a copy : “ Southern Bank of Alabama, Mobile, Aug. 26,1862. “ Louisiana State Bank, New Orleans : Pay this, my first check, (second unpaid,) to the order of Alfred Batre, No. 6,715, eleven thousand (payable in currency) dollars.”…