Mobile Daily Commercial Register and Patriot, 1841-11-02

In Chitncerv - {Slate »»f A IuImuuh - Mobile t'oimty At Rules* - Oct. IDA 1841'. Jacob Baptiste, coinpluinaut. 821 vs. Anne Hitchcock, Caroline Hitchcock, Henry Hitch Hitchcock, - cock, Hitchcock, Andrew Hitchcock, Ethan A. Hitchcock, Isaac H. F.i win, adm'r and Alahama Life Insurance and Trust Co.,defendants. THE BILL in this cause sets forth that on the 7th day J one, in the year 1837, Henry Hitchcock execu executed - ted executed a deed of mortgage to the roinpl'l to secure him in the payment of a large sum of money; that said II. Hitchcock has since died, and (lint (lie defendants above named (with the exception of the Life & Trust Co.) are the heirs and representatives of said Hitch Hitchcock - cock Hitchcock ; that the said mortgage was expressed to be subject to a further mortgage to Is* made in favor of the suit! Life and Trust Co. to secure a large sum to lie loaned said Hitchcock, by said Life and Trust Co., provided the sum loaned was expended in erect erecting - ing erecting buildings on property of which this is a part, and that said smn of money was never loaned by said Company to said Hitchcock, and that said buildings were never erected, &c. - and the bill prays , f,y a foreclosure of the equities of redemption of all t'.ie defendants. And now' it appearing to lire satisfaction of the Register, from an affidavit now filed, that the defts. Anne Hitchcock and Caroline, Ileury, Andrew and Ethan A. Hitchcock, reside out of the limits of a.e State of Alabama, to wit: in tlie city of Lexington,ill the State of Kentucky, and that said Caroline, Hen Henry, - ry, Henry, Andrew and Ethan A. Hitchcock, are infants un under - der under the age of twenty one years, ami reside with their mother Aime Hitchcock at Lexington as afore aforesaid. - said. aforesaid. It is ordered that tlie said defendants appeal at the next term of the court of chancery for the first district of the southern chancery division of said state at Mobile, to lie held on the second Moiulay of No Novemlier - vemlier Novemlier next, aud answer or demur to flu* bill of com complaint; - plaint; complaint; It is further ordered that this order lx* pnl> pnl>lished - lished pnl>lished once u week for lour weeks in some newspa newspaper - per newspaper printed and published in the eity of Mobile, that a copy of the same lx; posted on the door of the court |louse of Mobile county, and that a copy be forward forwarded - ed forwarded by mail, to Mrs. Anne Hitchcock at her aforesaid place of residence, for herself and also for her afore aforesaid - said aforesaid children, all within ten days from this date. Witness Malcolm J. McRae, Register of said court of chancery at Mobile, this Uthdayof Octolier, A. 1). 1841. Attest, octll 57fF. M. J. McRAE, Rcg'r. In Chancery - 81 ate of Alabama - Mobile County. At Rules - (kt. 18th, 1841. Jonathan Hunt, and Robert I). James, coinpl'ts. 828 vs. Isaac H. Erw in, ndm'r., the heirs of Henry Hitch Hitchcock, - cock, Hitchcock, dec'd. and the Alabama Life insurance and Trust Co., defendants. THE BILL in ibis cause sets forth that Henry Hitchcock Ix-iug indexed to Win. DeForest Holly, did on the 7tli day of June, A. I>. 1839, execute Ins certain deed of mortgage in favor of said Holly for a portion of square No. 18 in tlie Fnvra tract of land in the county of Mobile ; thut said mortgage was subject to a mortgage in favor of the Aluhaiuu Life Insurance and Trust Co. for #20,000; provided that sum should be expended in erecting buildings on a hit of which this is part; that said mortgage to Hol Holly - ly Holly and the notes evidencing the debt, to secure which it was given, were assigned by »»id Holly to the complainants; that said Henry Hitchcock has de departed - parted departed this life, and that Isuac II, Erwin his adiuiu adiuiul - l adiuiul istiator,aud Ann Hitchcock bis widow, anti Carp Carpline, - line, Carpline, Henry, Andrew, and Ethan A. Hitchcock his children, are his representatives; that no buildings have Ix-en erected, or that if any have been erected, they are not worth the suin herein set forth; thut some of the notes evidencing the debt for the secu securing - ring securing of which the luortguge to Holly was given, are due and unpaid, ami the bill prays for foreclosure of the equities of redemption of the defendants and for other relief - and now tlie complainants come Ity tlieir solicitors and apply for an order of (Nihlicatioii, and it appearing to tlie satisfaction of tlie register of the court of chancery for the first district of tlie sou southern - thern southern chancery division of said state at Mobile, from an affidavit on tile in the cause that the de|eudaul Anne Hitchcock, widow of Henry Hitchcoc k dec'd. resides out of the limits of the State of Alabama, to wit t near Lexington, in the State of Kentucky»nnd that tlie defomU.il. Caroline, Henry, Andrew , and Etlmii A. Hitchcock are infants, under the age of 21 years, and reside with their ifthflier the *»*"! Anne Hitchcock - (lie said defendants, non-residents, are ordered to a|>fieai at tlie next term of the court of chancery aforesaid, to be hoiden on die second Mon Monday - day Monday of November next, and answer or demur to the bill ol coinplaint; ami it is further ordered that this order lx; published once a week for four weeks in some newspaper printed and published in tlie city of Mobile, that a copy of the same lie (Misfed on the doop of tipi pmut house of Mobile county, nud that a jcoiiy Im forwarded liy maM to l,ie "llld Anne coph at I)AT afefPjnin place of rpsjdenpc, and u)so a copy for her saiil infant children, u|) w tibia Ml** dn>w frmu this dale, . Witness, Malcolm J. MoRue, Register of said court of chancery, at Rules this l8tli day of De Debtor, - btor, Debtor, A -P.W1. Attest, oct 20 biti- M- j- McRae, Register.

In Chancer) - State ofAlnlmtna - Mobile Count). Al Rule*, (Jet. 23, 1841. David Ferguson, complainant, 834 vs. Dam.-I M. Marr, I*. P. Browne, John J. Webster, John O'Cuinuiinn, J nines Hogan, Henry A. Snow, Nancy G. Marr, Franklin C. Heard, and Joseph Holfurd, defendants. fpllE hill in thin case is filed to enforce nil eqniia eqniiaA - A eqniiaA hie lien upon funds of Marr, Browne & Co. in the hands of Ciiiniuins, llogau & Snow, specifically appropriated l»v Marr, Browne & Co. to the pay payment - ment payment of a debt due complainant; and to enjoin said funds in the bauds of Cummins, llogau & Snow and Franklin C. Heard. Marr, Browne & Co. Iieiug indebted to complain complainant - ant complainant in a large sum of money, gave him an order on said Ctnuiiiins, Hogan and Snow, for such amount to be paid out of funds of Marr, Browne & Co. iu their hands, which order was duly presented to said Cummins, Hogan 4* Snow for payment; and upon their refusal to pay, it was duly protested, of all which said Cummins, Hogan & Snow had due no notice. - tice. notice. Marr, Browne & C«. are insolvent; but have funds in the hands of Cummins, Hogan 4" Snow, siiHirient to pay said order. The appropriation ol j said funds to complainant was prior to any other ap appropriation - propriation appropriation of same to any other creditor, nnd com complainant - plainant complainant thereby acquired a claim thereto su|>erior to any other creditor of said firm of Marr, Browne, &. Co. And now the complainant comes by bis solicitors and applies for an order ol publication; and it ap appearing - pearing appearing to the satisfaction of the Register of the Court of Chancery for the First District of the South era Chancery Division of the Slate ol Alabama, al Mobile, (from an athdnvit on file) that llie defend defendants, - ants, defendants, John J. Webster nod James Hollord, are non residents of this stale, they are ordered to appear at the next tenn of said Court of Chancery, to l>e held at Mobile, on the second Monday of November next, and answer or demur to the hill of eomplaint; and it is further ordered that this order Is? published once a week for six weeks, in some newspaper printed and published in the eilv of Mobile; and that a copy of die smite be posted on the door of the court house of Mobile county, all within fifteen days from this date. Witness, Malcolm J. McRae, Register of said Court of Chancery, at Mobile, this 25tli day of OcUtiter, A. D. 1841. fc M. J. McRAE, Register. In Chancery - State of Alnbimtu - Mobile County. At Rule*, Oct. lit/*, 1841. Mathew J. Myers, complainant. 819 vs. William H. Fleming, J. R. Diggs, and William T. Foster, defendants. The Bill in this cast? sets forth that the defendant, William H. Fleming, being indebted to the complain complainant, - ant, complainant, Matthew J. My ci s in the sum of four thousand and four hundred dollars, executed to the amd com complainant, - plainant, complainant, on the 1st day of February, 1336, Ins cer certain - tain certain deed of mortgage for certain premises fronting east ward I y thirty four feet on St. Joseph street, and running hack one humlrtHl and twenty feet - that a - ter tilt? date of said mortgage the said defendant Flem Fleming, - ing, Fleming, conveyed the premia.-s mortgaged to the defen defendant - dant defendant J. H. Digg9, and tb it the defendant Diggs con conveyed - veyed conveyed the same to on ? Win, Foster; - The bill fur further - ther further sets forth that the first ol I wo notes secure by the said mortgage h is long since been due and is still unpaid, and prays that t iedefendants equities ol re redemption - demption redemption may be foreclosed. - Ami now it appearing to the satisfaction of the Register of the court ol chancery for the first district of tlie uouthern chan eery division of said slate at Mobile, from ail alTida alTidavit - vit alTidavit on file in the cause, that all of the defendants above named reside out of the limits of the slate of Alabama, and that J. B. Diggs resides in the city of New Orleans, State of Ijouisiana, and William Fos Foster - ter Foster in Norfolk, in the State of Virginia. - They are ordered to appear at the next term of the said court of chancery to be holden at Mobile on the second Monday of November next and answer or demur to the bill of complaint - it is further ordered, that tins order be published once a week for five weeks in some newspaper printed and ptiblishiHi in the city ol Mobile; that a copy of the same be posted on the the door of the court house of Mobile county, and that copies be forwarded by mini to the said defen defendants - dants defendants Diggs and Foster, nt their respective places of residence, all within ten days from tins date. Witness, Malcolm J. McR io, Register of the court of chancery aforesaid, this the 11 ill day of Oct. A. D. 1841. Attest, octl'3 59ts M. J. Register.

In Chancery - Slate ofAlabama - Mobile Coimtv. At Knlr* - Oct. 20, 1841. Patrick O'Neill and Edward McDermott, rumplis. 812 vs. John Byrnes, Senior, John Byrnes, Junior, ami the creditors o| »anl defendants, - dcfcndaui*. TIlllE coiuplaiitaiits in this hill, set forth that they *. were np|M>iiited lltc assignees n|' John By rues, Sen. and Joint Byrnes, Jr. by deed of assignment dated 21st March, 1827 - That in pursuance of said deed they have gone on to make sales of pro|»crly and to colled debts - -that they have ex|<euded all llie funds collected and paid off all the preferred credi creditors - tors creditors under said deed except two who are named, vie: Patrick and Peter Byrnes and made every exertion to collect all the debts due, but have la*en unable to accomplish the same - that ll*e complainant O'Neill has removed from the city of Mobile, that Utili coin coincomplainants - complainants coincomplainants therefore, and for oilier reasons assign assigned, - ed, assigned, resign their said trust and exhibit their accounts and pray to lie disdtaiged. And now the complainants come by their solicitors and apply lor an order of publication, and it ap|>ear ap|>earmg - mg ap|>earmg to the satisfaction of the Register -!' llie court of chancery tor llie first district of llie southern ohnnee ohnneery - ry ohnneery division of the stale of Alabama, at Mobile, (from an nllicuvit on file) that this application could not lie made on Monday last, and that the following named defendants reside out of the limits of the state of Ala AlaIkiiuh, - Ikiiuh, AlaIkiiuh, to wit: John Byrnes Sen. and Johu Byrnes, Jr. Peter Byrnes ami Vat rick Byrnes, who reside in' St Louis in the slate of Missouri; Win. Rankin Ic Co. w ho reside in Newark, in live state of New Jer Jersey - sey Jersey ; ami all the following named defendants who re reside - side reside in the city and state of New York, vi4: J. Bow Bowen - en Bowen & co., Jofm Brooks & co., Aaron Clarke, Hut Hutchison - chison Hutchison & Tiffany, Stephen Ketrliuiu, Plait Dun Duncan, - can, Duncan, E. W. Peck St co., E. Taylor St co., R. St (*. Barker, VV. M. Tillotson & co., Tims. H. Messen Messenger, - ger, Messenger, YYilliuiu Brown, Bocram & co., P. M. St P. Dm undo, Jos. Hoxie & co., T. M. Lyons & no., Ira Pci igo. Russell Martin k co., Townsend At Van Noftiand, P. C. Wihnouth, Warren Carter St co., Alexander if Mullen, Whit well, Bond Ji-co., Car Carpcnicr, - pcnicr, Carpcnicr, (ii itHu & no., Win. Foist St co. 1). & J. N. Judsuii, II. Moss, T. Peck, E. & <». B Smith, WiMulltead, Crawford At Reed, Peck, Pren Prenlis» - lis» Prenlis» &co, 'Prowbridge & Nieoll, C. & ILC. Brooks, Clark, Wyman & co., Orlando Fish, Jones, Walter 4^ Fuller, S. Oslmrne, J. S. Pcaisou St co., I*. 11. Scheiick & co., T. Flinn, A. Watson, Cosky 4* co. the said defendents are ordered to apiiear at the next term of the court of chancery aforesaid, to la? held at Mobile on the second Monday hi November next,ami answer or demur to llie hill of complaint. And it is further ordered, that this order be published once a week for four weeks in some itcwspa|ier printed ami published in the city of Mobile, that a espy of llie same lie posted on llie door of llie court house of Mobile county, and that a copy of the same be for forwanted - wanted forwanted by mail to each of said defendants, nonresi nonresidents - dents nonresidents at his place of residence as above stuted - all within fifteen days from this date. Witness Malcolm J. McRae, Register of the court of chancery aforesaid. At Rules this twentieth day of October A. 1>. 1841. Attest, M. J. McRAE, oct 22 62fK Register.

BOOTS! BOOTS! Major Boots - ani> Minor Boots Ladies' *lip|»ei-s, and Gems pumps ; a prime new set, Bools that lit Misses, aud that never min-fy ! "Bet Boots" - or boot* for pretty Bets ! Bootees for she's - and ancle ties for pels. GENTS' water proof, cork soles, or light Inogans ! Light dress, or pump hoots - we've always on hands. Ladiks' silk gailei hoots (hat lit then pretty feet. And uuUkmif nkutu with bows, that beaux delight to meet. Kid slip|>ers and moroceo too, to suit the neatest foot, lu short we've stork to them all, and children lu bvui. Boots ! Boo t s! Hoo t s! at NlCllOLLH, ADAMS A CO., dee 28 !40tf 53, Dauphin st. PANAMA A LEG HORN IIATrt - IIEN IIATrt - IIENRY - RY IIATrt - IIENRY A STODDAUT, corner of Water and Conti streets, have this day received n large assortment of the alwve (of the latest fashion and su superior - perior superior (piality) or genlleuieii's Ntiinnier wear. nmrS 198tf IVEW FANCY GOODS, Ac, HENRY A STOl) STOl)DART, - DART, STOl)DART, corner Water anti Conti street*, have received the following, viz: 4 cases containing Embroidered Collars and Cape*. Infants Robes, Caps and Waists; Ladies Rich Embroidered Muslin, Dresses, Ac, 1 case Thread Luce and Edgings, 6 case* 4*4 Scotch Ginghams of superior fabrics, Co Colonic - lonic Colonic warranted fast, 7 case*, containing Damask Table Cloths, Diapers and To we Ring; also, Colored Worsted and Cot Cotton - ton Cotton Table Covor*, 3 case* Mouseline de Lniuc, new pattern, 4 " Jaconet Muslin, 1 " Swiss Checked Muslin, 7 ** nss'ted Cotton Thread, best miulity, 1 " Book Muslin, Cambric Haiidaf*. Ac. The above goods being direct importation, II A S. are enabled to offer them, at very low price*, (for cash only) at wltote*a!e and retail. jun2ti 108tf dh ffT/Y REWARD - Will be paid for the recovery HpOvf of a Chronometer, Berthond's make, No. 174, and n Bilver Lever Watch, Johnson (Liverpool) maker, number not recollected - the same having been stolen on Saturday, 27th Feb. from oil'board the brig Alabama, lying at the wharf. mar3 JN». C. RYAN, 36 Water *t. IMNC. LU M BEK.t)5H a.nortal JL Scantliitg; 80m 1 and 1 1-4 »»»yh Board*; 3m 1 1-4 inch Narrow Flooring; 18m Weatherboards, on wharf anJ for sale by A. B. HOMER. Lumber sawed to order. Cargo Lu hi I icr always on hand suitable for exportation. ' febll 182tf rjhilE UNDElMlUMEII wmiUI lie li;i|)|iy In re. JL ceive order* for Wines from the house of "Jus. Adam*, of Madeira. The Wine* received from this House are of choice character, have been generally approved, and are now much in vogue in New York, Philadelphia, Baltimore, Boston, Richmond,^Charles Richmond,^Charleston - ton Richmond,^Charleston and Savannah. fob |8 188tfJ. MOSES, 58 Royal st. IMF, HA ray Ac. - 150 rusks Rhode Island white hupp Lime, 160 bushels Plastering Hifif, 100 pair wrought Iron Cara no Eyes, Landing at Matthews' wharf, from brig Busan A Barah, and for sale by mar 8 202tf BENJ. M. BOCRN.

In Chancery - {State of Alabama - Mobile County. At 1{hU», Oct. 18/A, 1841. Dudley Hubbard, complainant, 827 %*. Pressly C. Lane, John \V. Lane, Cnri W. Lane, Edwin S. Lane, Daniel Russell and Lucy his wife, James Buffington and Eleanor bis wife, def'ts. The Bills in this case sets forth that the complain complainant - ant complainant purchased a piece of property at a sale made by ll»e Register of the court of chanceiy at Mobile, un under - der under a decree in a certain cause in said court wherein Thompson Littdl was complainant and Joseph Bates, Jr., was defendant, and that in consequence *f errors committed in previous deeds of conveyance of the same properly, the deed given by the Register at the sale was erroneous in this, that itdid not correctly de desci - sci desci ilie the property intended to lie foreclosed on and sold ; and the bill prays that the error may be correct corrected - ed corrected so as to make perfect the chain of title to premi premises - ses premises on the north east corner of St. Joachim and St. Louis streets and for other relief. And now the eomplaiuant comes by bis solicitors and shows to the satisfaction of the Register oftlie court of chan chancery - cery chancery for the first district of the southern chancery di division - vision division of said State at Mobile, from an affidavit on tile in the cause, that the following named defendants in the above suit are all non-residents of the State of Alaiiauia, to wit: - Pressly C. Lane and John W. Lane, who reside in Caliell county, Vu.; Daniel Russell and Lucy his wife and Carr VV. Lane, who reside iu Carrollton in the Stale of Missouri, James Butfiugtou and Eleanor his wife who reside in the State of Ohio, ami Edwin S- Lane, who resides in the city of New Oi leans, State of Louisiana, and applies for an order of publication to them. Now, therefore, the said defendants are ordered to appear at the next term of the said court of chancery to Ik* held ut Mobile on the second Monday of Noveniliei next, ami answer or demur to the bill of complaint; ami it is further ordered, that this order lie published once a week for six weeks in some newspaper print printed - ed printed and puhlislied in the city of Mobile, that a copy of the same Ik* posted on the door of the court house of Mobile county ami that a copy Ik* forwarded by mail to each of the said defendants Daniel Russell ami Lucy his wife, Carr \V. Lane, umi Edwin S. Lone at their res|K*ctive places of residence as alk>\e stated, all within lilteeii days trom this date Witness, Malcolm J. Mc.llae, Register of the snid court of chancery, at Rules, this the 18th day of October, A. D. 1841. Attest, oc*20 (ilfc M. J. MrWAE, Register.

KIf JOrfV'OIlKVTH, Jr. T F. K M 8 . Subscription, ten dollars I'm the dully | a per, payable in Alftiice, and live dollars for (l«e country paper, payable yearly in advance by cash or city reference. Person* wishing to <!ucoiitlime, must give one week's notice in writing. A uvuutisinu. - Advertisement* continued without In Interruption, - terruption, Interruption, will be charged at the rate of one dollar per -quart: for the llrst insertion, and fitly cents lor each sub subsequent - sequent subsequent one. Semi-weekly mid tri-weekly ones will be charged the same as tlrst insertions. Twelve lines make a square. If an advertisement make:: less than a square, It shall cost as much us a full one. Advertisements not limited on the niHiiiiscript, as to the number of insertions, will lie continued lor two liouth* and SO charged, unless previously directed to be takeu out of the paper by a Written order. Advertisement* not bearing upon iheir luces the names «l the persons by whom they are sent, mast he eudorsed by them. The terms for annual advertisers will be $40 for one square, and 4'lrt for each additional square, with the priv privlege - lege privlege of changing once a week, due in advance. The privilege of aununl advertisers U limited to their own immediate business ; and ail adveriisemetits for the benefit of other persons, as well as all legal advertise advertisements, - ments, advertisements, and advertisements of auction sales, sen thy them, must be paid lor at the usual rates. All advertisement* required by law, will be charged at the lull rales. .Auuual advertiser* who exceed the*pace for which they contract, will be charged at the usual rates. Arrangements will be made with those who occupy halt a column or more continuously tor a year, according to die nature of the business, ami the frequency of liic change of matter. Advertisements of application for the benefit of the Insolvent Laws, will not l»e published in any cN*e, miles* fint<I tor previous to insertion, or payment be guaranteed >y a responsible person in town. All auiiouiicements of candidates for office, will he char charged - ged charged live dollars for daily insertion* during the canvass, payable in all cases in advance. Military and Fire Companies, Hnd other similar Associa tinus, will he charged full rates by the insertion, or forty dollars per aiiuum if they do not exceed one square each week. All personal communications, when admissible, will be charged double, and in all cases pay mem must be made iu odvance.

Circuit Court, May Fkrm, A. I)., 1841. Larkin Collins, } Attachment for *287 88, in the vs. > Circuit Court for the County of Joel A. Roberts. } Jasper in the State of Mississippi. fTIHIS DAY, to wit: May 15th, 1841, caipe the M. plaintiff by attorney into court, and it appearing to the satisfaction of the court that the defendant in this case is a non-resident of this State, and lives and resides without the limits of this State; it is there therefore - fore therefore ordered by the court, that unless the said defen defendant - dant defendant do ap|iear here, on or before the first day of the next term of this court, give special bail and plead, judgment will be entered and the effects attached will lie condemned and applied to the satisfaction of the plaintiff's demand: and it is further ordered by the court, that a copy of this order be published in the Mobile Commercial Register, a newspaper published in the city of Mobile, in the State of Alal»auia for six successive months. In testimony that the foregoing contains a copy of the order of said court in the case therein suited, I, Larkin Collins, Clerk thereof do hereto put inv name uitd |be seal of said court, this 28th day ol June A. 1841. LARKIN COLLINS, julyti 15 monthly C nans Clerk said Court. B" URNT CORN ACADEMY. - The third se7 se7sion - sion se7sion of this School will open on the first Monday of Jan'ry next, under the care of Jso, II. Claus el, where w ill be taught, in addition to the usual branch branches - es branches of an English Education, Latin, Greek, the Math Mathematics, - ematics, Mathematics, &c. Mr. Clause! is a native of Virginia, w here he graduated; and the subscriliers are proud -h offering to the public ho ripe a scholar, imbued mo thoroughly with southern feelings and so justly appre appreciating - ciating appreciating southern interests. 'File site of llie Academy is remarkably healthy, aud remote from liiose pests of the young, th inking simps, stores and other places of resort. ' *JTbrms. - -For Latin, Greek, Mathematics, &c. 4&8P |ier session, or #4 a mouth for a shorter period; for Geography, Arithmetic, English Gnimmer, &c., $tg5 per session, and for the primary brunrhes $.8 Any session. Hoard id.iv tie lU.il in Lite iieii'lilioi IhmmI fur |vi nm*. JOHN WATKINS, 1 JOHN HKBKN. iTruatcea. JOHN MAU8HAU,, > Burnt Corn, Se|it 21. *r|)24 501Tirt jnl