1831.] BRADDOCK'S DEFEAT. 45 ད་ Donations sent to the under named members in the Committee of Superintendence, viz. Bishop White Roberts Vaux Alexander Henry B. W. Richards Paul Beck, Jr. M. Carey was subsequently tried and cashiered for some alleged misconduct. He then secluded himself in Switzerland 30,00 where he remained in obscurity until after our revolu 203,00 tion. He was recalled after Lafayette's return to France, 101,00 who, while in America, had heard the true history of 10,00 Braddock's defeat. We have never heard the name 15,00 of this subaltern, and would be pleased if some corres116,00 pondent of Lafayette would make the inquiry. 67,00 Rec'd. by the Com. of Superintendence from the following persons, collected by them, R. Miles 169,75 D. Clark & J. Bowers 47,44 $11,619,34 R. Earp, CR. Transmitted to the Commissioners of Fayetteville, by $11,619,34 In addition to the contributions of cash above exhibited, a donation of 44 cotton shirts was made by Alexander Henry, Esq. a bundle of assorted clothing, and through the Southern Dorcas Society, sundry garments from the female house of industry, (Ranstead's Court,) and two crates of sundry utensils for house keepers, from Abraham Miller, Esq. all which have been shipped to Wilmington, N. C. the nearest port to Fayetteville. DR. Committee of Superintendence of Fayetteville donations Expenses of the Committee CR. 1831, July 12, by amount of contributions $11,523,92 $11,619,34 collected $11,619,34 WM. M'ILVAINE, Cashier, Treasurer. BRADDOCK'S DEFEAT. A friend has kindly lent us some volumes of the Gentleman's Magazine, published in London about the period of the Old French War, as the war which commenced at this point on the 17th April, 1754, is commonly called. From the number for August, 1755, we have selected the account of the defeat of the English army in our neighbourhood, on the 9th July, 1755. This article, we trust, will not prove uninteresting to our readers, although it is the record of an event long since passed. In this unfortunate and sanguinary affair, our Washington, just seventy-six years ago from to-morrow, gave evidence of that cool, deliberate courage, and eminent military talent, which distinguished his subsequent career. A historian, in noticing this action and Washington's conduct in it, states that "he had two horses killed under him, and four balls through his coat; but, to the astonishment of all escaped unhurt, while every other officer on horse-back was either killed or wounded."Our readers will scarcely fail to observe, that although credit is given to the Virginia troops, Washington's name is not mentioned in this account. As the present is the veryage of coincidence, it perhaps is not unworthy of remark, that the same Dr. Craik who was an eye witness and gave an account of Washington's conduct in this his first important battle field, was one of his attendants on his death bed.-Pittsburg Gazette. Of the expeditions set on foot against the French in America, mentioned in our last, the issue of one only was then known, the capture of fort Beausejour, by Gen. Monkton, who commanded the expedition to Fundy.— We have received the following accounts of Gen. Braddock, who was destined to the Ohio. It was said by letters from Virginia, dated June 22, that on the 12th, Gen. Braddock, with 2,000 regular troops, had passed the Allegheny mountains, and was within 5 days march of Du Quesne, a French fort on the Monongahela river, which runs into the Ohio. Sir John St. Clair having advanced near enough to view it, and consider the adjacent ground, remarked a smal eminence that was within cannon shot; and the fort being built of wood, and garrisoned with 1,000 men, it was proposed to erect a battery on this eminence, and set fire to the place, by throwing into it a great number of red hot balls. Letters from Philadelphia, dated June 25, gave an account, that the General had been long detained at Will's Creek, and greatly distressed for the want of forage and provisions. Landing the troops at Virginia is said to have been a most unfortunate error, as neither forage, provisions, nor carriages were there to be had, and that if they had landed in Pennsylvania it would have saved £40,000 sterling, and shortened the march six weeks. He was, however, promised 150 wagons, and 300 horses, with a large quantity of forage and provisions, to be furnished from the back settlements of Pennsylvania; but after tedious and anxious expectation of these succours, he received instead of 150 wagons, only 15; and instead of 300 horses only 100. This disappointment, however great, was much aggravated when the wagons were unloaded, for the provisions stunk so intolerably, that he must have suffered very greatly from hunger, who could eat it. While he was in this distress, he received an unexpected supply of £500, in provisions and wine, from Philadelphia, which was sent him by the hands of Mr. Franklin. The General accepted this present, with great joy, and urged Mr Franklin to use his interest to procure farther assistance. Mr. Franklin observed that General St. Clair's dress was of the Hussar kind, and this gave him a hintwhich he immediately improved. He caused a report to be propagated among the Germans, that except 150 wagons could be got ready, and sent to the general within a certain time, St. Clair, who was a Hussar, would come among them, and take away what he found by force:-The Germans having formerly lived under despotic power, knew the Hussars too well to doubt their serving themselves, and believing that Gen. St. Clair was indeed a Hussar, they provided instead of 150, 200 wagons, and sent them within the time that Mr. Franklin had limited. The Pennsylvanians also advanced a farther sum above the king's bounty, and sent him 190 wagons more, laden each with a ton of corn and oats, four wagons with provisions and wine for the officers, and 60 head of fine cattle for the army. It is probably unnecessary for us to state, that the number of French and Indians engaged in this action is greatly overrated in the following account. The whole united force did not exceed four or five hundred men, who were commanded by a subaltern, the commandant The general, as soon as he had received these suphaving proved himself unequal to the emergency.plies, pursued his march, having received from time to This officer afterwards claimed the credit of the affair, time various and contradictory accounts of the strength and sent home the gallant subaltern under arrest, who and motions of the enemy: Fort Du Quesne was some Colonel Dunbar's Regiment: Lieut. Col. Burton, times said to be garrisoned by its full compliment, 1,000 | in the Gazette. Whitehall, Aug. 26, 1755. Capt. Lt. Smith, Peter McKeller, Esq. 46 McCollar, W - Williamson, Esq. W Detachment of Sailors. Lieutenant Spendelow, 66 killed. killed. W W Captain Stone, of Gen. Lascelie's Regiment, Captain Gates, Captain Stephens, Hamilton, Splitdorff, k Vrginia Troops. W W By his Majesty's ship the Sea-Horse, from Virginia, advice has been received, that Major General Braddock, having advanced with two thousand men, and all the stores and provisions, to the Little Meadows (about 20 miles beyond fort Cumberland at Will's Creek) found it necessary to leave the greatest part of his wagons, &c, at that place, under the cominand of Col. Dunbar, with a detachment of eight hundred men, ordering him to follow as fast as the nature of the service would admit. The General having by this means lessened his line of march, proceeded with great expedition, his corps then consisting of about twelve hundred men, and 12 pieces of artillery, together with the necessary ammunition, stores, and provisions. On the 8th of July he encamped within 10 miles of Fort Du Quesne; and on the 9th, on his march through the woods towards that fort, was attacked by a body of French and Indians, who made a sudden fire from the woods, which put the troops into great confusion, and occasioned their retiring with great precipitation, notwithstanding all the endeavors of the General and his officers, many of whom were killed whilst they were using all possible means to rally the men. The General, who exerted himself as much as man could do, after having five horses kill ed under him, was shot through the arm and the lungs; of which he died the fourth day. Sir Peter Halket was killed on the spot. Two of the General's aids de camps, (Capt. Orme and Capt. Morris) were wounded. His secretary, (son to governor Shirley) was killed. Sired very particular intelligence of Gen. Braddock's deJohn St. Clair, quarter-master-general, and his assistant, Mr. Leslie, both wounded. It is reckoned there were about 200 killed, and 400 wounded; the latter are mostly collected at Will's Creek, to which place Col. Dunbar, with the remainder of the troops, has retired; from whom a more particular account is expected. Several other accounts of this action, and lists of the dead and wounded have appeared in the papers, and zette account, General Braddock seems to have been are said to be taken from private letters. By the Gaattacked by an ambuscade of French and Indians, on his march through the woods, before he came within sight of the enemy; by the other accounts, he seems to have reached an advanced party of the French, before the action began. They are to this effect. The French who were posted at fort Du Quesne, and on the Ohio, consisted of 1,500 regular, and 600 irregular troops, who had with them a consideraale number of Indians in their interest. These forces, having gain sign, of the number and condition of his forces, and the route they were to take, no sooner found that he provisions, than they also advanced towards him, and was advancing after having received his last supply of having chosen a very advantageous piece of ground, and intrenched themselves in a masterly manner, having about six miles south of their fort, they formed a camp a thick wood on each side of them, which extended along the route the General was to take. When he was come within three miles of their intrenchments,they drew out of their lines, placing their 600 irregulars in wounded front, as a forlorn hope, and their 1,500 regulars behind killed to support them; they also stationed a great number of wounded their Indians in the wood, on each side, who effectually do. concealed themselves behind trees and bushes. died of his wounds. Robert Orme, Esq.Aids de Camp } Roger Morris, Esq. S William Shirley, Esq., Secretary, Sir John St. Clair, dep. quar. master gen. Late Sir Peter Halket's Regiment. Sir P. Halket, Col., Lieut. Col. Gage, killed. w Capt. Gethins, Subalterns. do Soon after this fatal disposition was made, General Braddock appeared with his troops in the following order. Colonel Gage and Burton of Halket's Regiment. The General with Dunbar's Regiment. The troops from Virginia, Maryland and Carolina. As soon as the whole army was got between the two ambuscades, the men were alarmed by the Indians, who k fired singly at the General, and other particular officers; k upon this they pushed forward, as the enemy was in w sight, though not within musket-shot, and as soon as w 1831.] BETHLEHEM-ANTHRACITE COAL TRADE OF THE U. S. 47 eller's home. This house is very large, three stories high, and commands a fine view of the country. It belongs to the Moravians, by whom this place was first settled; and at this time it continues to be, exclusively, a Moravian settlement. The only place of worship, is a spacious church belonging to that denomination; it will contain on the lower floor about two thousand persons. The Moravians are fond of music; and in the church besides a fine toned organ, they have a full band of instruments. A day or two previous to our arrival, one of their old members died: and as they have a peculiar ceremony on such occasions, you shall have it as communicated to me. As soon as a member dies, 4 musicians ascend to the top of the tower of the church, with trumpets, and announce the event to the four quarters by blowing the death dirge. The body is immediately removed to the house appointed for the dead; and on the third day, the friends of the deceased assemble at the church, where the funeral service is performed. —— The corpse is brought from the dead house to the lawn in front. The mourners place themselves aroun lit, and after several strains of solemn music, the procession take up a line of march to the grave, preceded by the band still playing, which is continued some time after the coffin is deposited. The grave-yard is kept with perfect neatness. The graves are in rows, on each of which is placed a piece of stone, about twelve inches square, on which is engraved the name of the deceased that we looked at, was that of the pious Heckewelder; who was born in 1743, and died in 1823. Bethlehem is about 50 miles from Philadelphia and 10 from Easton, between which place and New York, there is a daily line of stages. It is situated on the Lehigh, that river and the canal to the Delaware running through it. One thing is remarkable-that not a single lawyer resides in Bethlehem. The community-system of the Moravians accounts for this moral phenomenon.-N. Y. Com. Adv. they came near enough, the attack was begun by the Colonels Gage and Burton. This was a signal to the Indians in ambush, who immediately gave the war whoop, and raising from the thickets, discovered themselves on both sides, flanking our men in volleys, which did incredible execution. The advanced guard, being now between three fires, immediately gave way; but being rallied with much difficulty by the officers, they gave one fire, and then returned in the utmost confusion, and threw Dunbar's regiment, which was behind them, into the same disorder: They were with unspeakable difficulty and trouble once more rallied by their officers, and stood one fire from the enemy, but then without returning it, both the regiments fled, with the utmost terror and precipitation, deserting their officers, who though alone kept their ground till of 60 only 5 remained that were not either killed or wounded. The Virginians who formed the rear still stood unbroken, and continued the engagement on very unequal terms near three hours, but were then compelled to retire. These letters give the same account of the General as that in the Gazette, but add that all our baggage, provisions, and even military chest, is fallen into the enemy's hands. Other letters, however, contradict this particular, and say that the artillery, baggage, and military chests are safe, being two days behind the army. There is, indeed, some reason to hope that this is true, from the account published by authority, for it is there said, that the general left the baggage, &c. be--the date of his birth and death. Among the many hind him twenty miles, that he might march with the greater expedition; the very reason of his leaving them behind seems to prove, that he went forward without halting, and that it was impossible the men with the baggage should keep near him; so that, as they must have been considerably behind him when the action happened, it is probable the broken troops joined them in their retreat, and proceeded safely with the baggage to Will's Creek. STATES. It will be observed also that the increase of exportation last year alone amounted to 75,00 tons: Quantity sent to market. In 1820 365 tons Annual Increase. The European troops, whose cowardice has thus injured their country, are the same that ran away so shamefully at Preston-Pans: To prevent, however, any ANTHRACITE COAL TRADE OF THE UNITED unjust national reflections, it must be remarked, that though they are called Irish regiments, they are not The following table exhibits with as much accuracy regiments of Irishmen, but regiments on the Irish esas our means will allow, the quantity of anthracite sent tablishment, consisting of English, Irish, and Scots, as to market during the last ten years, with the annual inother regiments do. It is, however, said, that the crease of exportation, by which it appears that the ag slaughter among our officers was not made by the ene-gregate amount in that period is equal to 525,825 tons. my, but that as they ran several fugitives through the body, to intimidate the rest,when they were attempting in vain to rally them, some others who expected the same fate, discharged their pieces at them, which, tho' loaded, they could not be brought to level at the French. On the other hand, it is alleged, the defeat is owing more to presumption and want of conduct in the officers, than to cowardice in the private men; that a retreat ought to have been resolved upon the moment they found themselves surprised by an ambuscade; and that they were told by the men, when they refused to return to the charge, that if they could see their enemy they would fight him, but that they would not waste their amunition against trees and bushes, nor stand exposed to invisible assailants, the French and Indian rangers, who are excellent marksmen, and in such a situation would inevitably destroy any number of the best troops in the world. BETHLEHEM. 1821 1,073 608 tons 1822 2,440 1,167 1823 5,823 3,583 It is not believed that the present year's exportation will far exceed that of the preceding year, although the increase in consumption must be in a two-fold proportion, if correct inferences may be drawn from well authenticated facts. The number of steam engines in the city of Philadelphia alone using anthracite coal, is FROM A TRAVELLER'S NOTE BOOK. represented to be between 60 and 80, to which must be We visited this charming town, on our way to Phila- added those of the city of New York, as well as several delphia, and found it to exceed our most sanguine ex- steamers. The rapidly increasing consumption in pripectations. It has become the resort of many from va-vate families and public offices is also to be considered rious parts of the Union, and some families from "the as a large and important item in the estimate of causes city," spend a part of the summer here. The accom- which tend to the support of our proposition. The modations are good. We stopped at the large establishment kept by Atherton, a quaker, who with his wife and daughter, do every thing to make it the trav surplus quantity remaining on hand last spring was about thirty thousand tons, which would leave an amount consumed of 151,000 tons, and an increase in consumption of 45,000 tons over and above the former years. Rumors unfavourable to the prospects of the coal trade have been industriously propagated of late by disappointed or designing men to prejudice our interests. With confidence we appeal to every reflecting man for the truth of the assertion, that the aspect of the coal trade was never more strongly indicative of future successful operations than at present. Coal is now cheaper than any other fuel-its advantages combined with this circumstance will indubitably insure it a preference. The quantity of anthracite sent to market having increased from less than one thousand to one hun dred and eighty-one thousand tons in ten years, we will hazard our reputation on the prediction, that at the expiration of ten years hence the demand will equal one millions of tons. By reference to the above table, it will be seen that the quantity in 1825 far exceeded that of any preceding year; this was owing to the additional supplies from the Schuylkill region, which produced a glut in the market. Many individuals engaged in the business at that time lost money-but a revival followed, and the coal trade flourished. The value of coal lands rose and every branch of the business became prosperous. If any interruption to this prosperity has occurred, it must be attributed to the great and unexpected influx of the article from the Lackawana region. The exportation during the present year from the different regions will not, we think go beyond two hundred thousand tons, and as the demand must, as before stated, increase in a double proportion, a steady market the ensuing season may be fairly anticipated. EASTON. We scarcely look into an exchange town or village paper, but we see flattering accounts of the improvements going on in building, &c. This is encouraging and shows the general prosperity of the country. Our town has never been celebrated for springing up or increasing with unhealthy rapidity; its progress in improvements and population, has been steady and progressive. Our streets within the last few years have been much improved, levelled and regulated -our side-walks will now compare with those of any other town of its size in the state. Our buildings are, generally, good and substantial, and owned by those who occupy them. This season there will be erected at least fifty dwelling houses, many of them splendid brick buildings, and covered with slate. The increase of population in this place has been singularly regular for the last thity years. In 1810 the population was about 1625-in 1820 about 2450-in 1830, 3700; showing a gain of a trifle more than 50 per cent. in each ten years. The increase of population and business in and since 1830, is in a still greater ratio. The Lehigh affords a fine basin on either side for busi ness, for near a mile above the dam at its mouth. It is now wharfed or walled as far as the bridge on the Easton side, and on the other to the outlet lock of the Lehigh canal, and preparations are on foot for extending the wharves on this side of the river.-Whig. WILKESBARRE, Jue 29. Lime-Last week we visitd the lime-kiln spoken of in the last Democrat. The quarry is upon what is called the little mountain in Newport, about three quarters of a mile from the Hanover line, and about two miles from the river. The stone is of a bluish cast, and when burnt, appears to consist of mixed substances. After it is slacked and mixed with water, the lime is of a gray color. That there is strong lime among it, we have no doubt, but we fear too great a proportion of it is of an inferior substance. It may answer for laying rough wall, and perhaps for the first coat in plastering houses. Mr. Hilford, who is at work quarrying the stone, thinks when he reaches farther into the rock, he will find purer lime stone, and that which will make white lime. We understood a similar kind of rock was discovered some time since in Kingston, and a quantity of it burnt. It is said it answered so well for some purposes, that it is in contemplation to burn another kiln. Messrs. Editors-At seven o'clock yesterday morning (Sunday,) I saw standing at Gadsby's door one of the Phoenix Line of Stages, which had just reached our city, having started from Baltimore with a full load of passengers, on the same morning at three o'clock,—an astonishing facility of accommodation and rapidity of travelling, when we recollect that the same route has frequently, of late years, taken us an entire day to get through. In the morning, between the hours of three or four, and seven or eight, is certainly during the summer season, the most judicious time to choose to travel, which the public are much indebted to this line for adopting. It will be seen, that by this expedition from Philadelphia to Washington, a passenger may dine at the former city, (which he leaves at half-past 12,) and have time to shave and dress before the earliest breakfast hour the next day at the Metropolis. Monday, July 4. ARIEL. A few weeks since we took occasion to speak of some Indian Relics that were discovered near the Canal Basin in this place. Since then the workmen on section No. 18 of the Canal, about two miles this side of Bainbridge came upon one end of an old Indian burial ground. The bones had so completely gone to dust, that they could only be distinguished from the natural soil by a difference in color. A great many articles of use and ornament were discovered; there were crocks, hatchets, tomahawks, arrow heads, bullets, buck shot, thimbles, beads, pipes, &c. The pipes are made of clay, and are spoken of as being very perfect and beautiful, with the head of a fox engraved on the bowl; so highly is one of them valued by the finder, that he has refused to take less than five dollars for it: all the thimbles had a small hole in the top-they were probably strung together as ornaments: the beads were of different kinds, and unlike any we had before seen. It is thought that a short distance from where the excavation was made towards the river, the earth would be found to be filled with these curiosities.-Columbia Spy. The Canal Boat, Luzerne, Captain Bird, arrived at Nanticoke dam, on Thursday last, loaded with 21 tons of merchandise from Philadelphia. Owing to leaks in the canal, Capt. B. could not proceed in it farther than Northumberland, and rather than wait until the necessary repairs are made, he brought the boat in the river from that place to the dam. This is the first canal boat that has brought loading to the Valley. Much credit is due Capt. Bird for his enterprise, and exertions to reach the Valley with his boat, when opposed by so many and great difficulties. We hope soon to be able to announce that the canal is navigable.-ib DES, No. 9 Library Street. Philadelphia; where, and at the PUB Printed every SATURDAY MORNING by WILLIAM F. GED LICATION OFFICE, IN FRANKLIN PLACE, second door back of the Post Office, (back room) subseriptions will be thankfully received. Price FIVE DOLLARS per annum, payable annually by subscribers residing in or near the city, or where there is an agent. Other subscribers pay in advance. HAZARD'S REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. VIII.-NO. 4. EDITED BY SAMUEL HAZARD. PHILADELPHIA, JULY 23, 1831. From the Journal of Law. OPINION OF CHIEF JUSTICE GIBSON. We take pleasure in placing before our readers the able opinion of Chief Justice Gibson, in the case of The Corporation v. Wallace, which is interesting, not only on account of its general importance, but as pronounc. ing the law on a question about which great diversity of opinion, if not a decided inclination the other way, had prevailed in this part of the state, not only in the profession, but among the community. On the 21st of March, the Chief Justice and Judge Huston delivered the opinion of the court on the main point, from which Judge Koss dissented; and Judge Huston the opinion of all the judges but the Chief Justice, on the residue We have omitted to publish that part of the opinion of the chief justice which relates exclusively to the particular cause. of the case. CORPORATION V. WALLACE. NO. 186. inson, 207.) I certainly do not pretend that the practice of the civil law is to have the force of precedent in the courts here: but, in a case like the present, it seems fair to say that it goes far to efface the impression of juridical novelty. At the common law there is no ju. dicial sale of lands, and of course we have no English is to pay off incumbrances out of the purchase money, authorities directly in point. In chancery the practice which appear on the master's report, and no other is paid, only because as it is said there is nothing to show (Vide the court that there is such an incumbrance. a Stretton, 1 Ves. Jr. 266.) But this exception helps to establish the rule, and demonstrates not only the ability of the court to extinguish incumbrances, but its readiness to do so when judicially informed of their for any cause whatever, be satisfied out of the purchase existence. When, however, an incumbrance cannot, But money, it of course remains there, as it does here, a charge on the land. But in chancery the process of sale is such, as to admit of exceptions that have no place in a sale on execution which requires prompt payment by the purchaser, and deprives him of an opportunity to see to the application of the purchase money, and by reason of which the rule is applicable in all its force, to judicial sales of chattles at the common law. As to these, liens created by the act of the parties, require transmutation of the possession, and as goods taken inexecution must be actually seized, the reversionary in terest of the owner (so to speak) cannot be levied, and for this reason perhaps it is, that goods pawned cannot be taken in execution before they are redeemed. conflicting liens are created by delivering conflicting executions to the sheriff; and it is perfectly settled that a sale on a younger execution divests the lien of the older one, which takes, not the goods in the hands of the purchaser, but their price in the hands of the sheriff. Would it not then have been strange, if our progenitors had not applied the rule of the common law to land when they subjected it to sale on a common law execution AS A CHATTEL. They carried the consequences of the principle further than is demanded here, and held that a judicial sale divests, without compensation out of the purchase money, the wife's inchoate ESTATE of dower-an interest in the land certainly as sacred as that of a mortgagee. At the end of a century, in which the most curious legal antiquarian might be challenged to produce an instance of a sale on an older judgment, after there had been a sale on a younger one, the practice of satisfying the older judgments out of the purchase money, received the sanction of a direct judicial recognition; and as far as I have ever heard, with the most perfect acquiescence of the legislature, the bar, and the people. The rule, therefore, having been incontestably established, as regards incumbran ces generally, it will require decisive arguments to prove a mortgage to be an exception. No prudent judge will disregard an opinion of the bar. During an experience of fifteen years in this court, I have seldom found one of its decisions received with disapprobatian at the bar, which did not contain something which called for revision. But professional opinion, though valuable as a test of judicial decision, is not infallible. The principal recognition in Willard v. Norris, was viewed in a particular part of the state, as a portentous novelty: yet a little consider ation would have shown it to be a familiar part of the jurisprudence of every civilized people, whether ancient or modern. Of this, as regards the civil law, which with local modifications, is the code of continental Europe, there is not a doubt, "The principal ef fect," says Ferriere, "of an adjudication by decree, (judicial sale) is a transfer of all the rights of property to the highet bidder, so that he cannot be disturbed by lien creditors, or mortgagees, who have not made resistance to the decree; nor after sale and confirmation, by any claimant of title to any part of the estate levied, because the decree extinguishes (purge) all rights of property, mortgages, incumbrances, quit rents, (charges reelles et foncieres) in default of opposition (Dict de droit verbo Suisie reelle.") In the language of the law, says Denisart, who says the same thing, "the word opposition signifies an act by which the execution of a judgment by default is resisted, having for its object the prevention of a sale, till the interests of the opposing party are secured." (Collect, de jurisp. verbo opposition.) "The resistance being in substance the defence of a terre tenant to a scire facias, is to be of course before the decree of confirmation. The sale is strictly judicial, being pursuant to an adjudication, and the proceeds distributed by the court among the creditors according to the priority of the liens or classes. (Dict de droit verbo ordre.) Thus we have distinctly announced to us a principle of the civil law, by which not only are liens extinguished, but even an estate paramount to the lien of the seizing creditor is divested. Such also is the rule of the maritime law, which distributes among lien creditors the proceeds of a ship sold by order of the Court of Admiralty on a younger lien; an instance of which is found in the case of the Madonna, (6 Rob-second ground, that the lien of a mortgage is CREATED This has been attempted on two grounds; the first, that the mortgagee is not an incumbrance, BUT THE OWNER OF AN ESTATE IN THE LAND, has been abandoned by one of the eminent counsel, who have argued for the plaintiff. He has thought proper to occupy the EXPRESSLY BY THE ACT OF THE PARTIES, while the lien of a judgment is but incidental. Of these in their order. |