Newspaper Page Text
THE DAILY
Wednesday Moiinisg
SUN.
. .July 19.
CITY AFFAIRS.
Job* T. Rohkbtn la our authorized agent in
Atlauta. He will cuivui the city for subscribers,
and take advertisement*. All receipt* given by him
will be respected by Thk Sum office.
fTlie weather last night was rather
falliah. .
The Obual Wetlnewlay evening hop
cornea off at the Kimball House to-night.
White cravat* are all the go with the
“town boys.”
The number of pretty young hulies
now spending the summer in Atlanta, is
heart-rending to behold.
The dust was sky high yesterday even
ing, and the wind played the wild with
the little girls' white frocks.
The Kimball House has secured the
services of the best “Miller” "in the city,
which accounts for the excellent quality
of the bread.
The past week lias been rather bad for
ladies who go out on the street with low-
quartered shoes. Stockings look Nan
keen colored.
The City Council had an informal
meeting last evening. They met to shake
a good-hye *with Alderman Lowry, who
goes on a little trump fora few weeks.
We heard an Alderman express a de
termination yesterday to use all the tal
euts that nature hail placed in his power
to extend Alabama street westward.
The police would oblige the ladies aud
gentlemen, t<M>, if they would stop the
little negroes from practising base ballon
Broad street every evening. Yesterday
they were particularly annoying.
Miles Turpin has shaken the dust of
the True Georgian office from his feet.—
He threw up his commission as local edi
tor yesterduy. We slmll miss him in that
capacity, and regret his departure.
A nice shower of ruiu fell at 3 o’clock,
this morning.
H. F. Eme ry has on hand an inex-!
haustiblo supply of pure Ice, made in Na
ture's laboratory, which lie will sell as
cheap as any one can. *
Owing to business of importance de
taining Bishop Beckwith at the Univer
sity of the South, he was unable to reach
this city yesterday. He will arrive, how
ever, to-day, and this evening at 8
o’clock, in St. Stephen’s church, will
hold service and administer the right of
confirmation.
Ro« u Campbell & Co. have moved
their first class clothing establishment to
to No. 4 Peachtree street, which place is
hereafter to be headquarters for cloth
ing. *
Cotton Stain Lift- Iiihin unrr C ompany.
The following named gentlemen have
been appointed special agents of this
Company, and have entered upon the
• discharge of their duties, viz: Lewis H.
Clarke and Samuel A. Vordery. Office
— Room No. 28, Kimball House.
Wjj. J. Magjll.
2t* Supt. Agencies.
the roof had only been off the passenger
depot, yesterday evening, how nicely the
■light rain, which Ml would have allayed
that execrable dust which is so disagree
able to the public.
About five o’clock yesterday evening it
clouded up, the wind began blowing and
very soon the entire city was wrapped in
a thick cloud of dust. The w hirling
mmui penetrated every nook and crevice,
and stopped all traveling for a few min
utes. The dust was so thick that one
could not see the opposite side of the
street. Soon a fine shower of rain CAme
and put it to rest.
GEORGIA HtPUKMK COURT.
1. Blue Ridge Circuit C
2. We item “ 1
3. Southern 44 3
4. Albany “ 19
6. South-Western“ 25
«. Pataula “ 42
7. Chattahoochee “ 23
8. Macon “ 16
9. Flint “ 18
10. Tallapoosa “ 5
11. Atlauta “ 33
12. Rome “ 12
13. Cherokee “« . 18
14. Northern “ 5
15. Augusta “ 10
16. Middle 44 1
17. Ocmulgee 44 5
18. Eastern “ 6
19. Brunswick 44 5
Suprkmk Court of Georgia, )
July 18, 1871. (
Argument of No. 2, continued case,
Albany Circuit; the A. A G. R. R. Co. vs.
Thoe, Maun, case from Decatur,resumed,
pending which the court adjourned till
ID o’clock, a. m., to-morrow.
The Conviction of JefT Floyd.
We were conversing with a gentleman
yeaterdny who lives in the neighborhood
where the notorious negro Jeff Floyd and
Lis white concubine made the scenes of
their disgraceful acts. The gentleman'
alluded to was loud iu his praise of the
Court for briugiug the rascal to so sudden
a oonviction and sentence. He says the
ladiea of his neighboihood feel rejoiced
as well as a sense of relief at his absence.
The womar has disappeared, or she would
•offer equally with her dusky paramour.
At the beginning of the tri*d, Floyd
laughed in the face of the pros* exiting
Attorney, and told him he had his tracks
covered so as to defy conviction. He is
•harp, and besides is worth over $10,000.
But nevertheless he was convicted, and
will soiely suffer the penalty he so justly
perils.
mayor** court.
A Pretty Fall Dwkit, kat lewcktw er
°lk*r I* | Pi«vn W Me UaMtU.
fketory Session.
Yesterday the Court opened with a
hand-full of indictments, and the pros
pects were fine for a pong sitting. And
it did last till 12 o’clock; yet it was a very
unsatisfactory session. Something was
wrong with the machinery, and the fre
quent stops, noise, disturbances and con
flicting testimonya made the time a drag.
Several names were called, and no one
answered, and this made Jonsen frown
and look sour, and the Judge sniffed
snuff and looked restless, and everybody
was out of sorts. There was no “gilt-
edge” on hand, which perhaps saddened
the hearts of the Court offioers. The
first case was against
JOHN BUOKALEW,
charged with profanity, vulgarity and a
general don’t-care-adamativenew. The
weather had become so intolerable that
John didn’t care which way the river ran,
and took on a cargo of Rolling Mill
lightning to help him forget the present
miserable condition of things. He paid
$10 and costs.
THE NEXT CASE
was also one against the same gentleman
for very much the same offense as the
other, which he repeated the day follow
ing. It took the Court no time to pass a
sentence of $10 and costs, and looked
able to set there all day and pass them
up.
JOHN WYATT
was a little catfish mouth nigger, worth
formerly about six hundred dollars.—
John was charged with lacking a due re
gard for decency, and was lectured two
dollars’ worth and costs.
ANOTHER SUN-STROKE.
Edward Gobart was up for being drunk
and down. Ed. talked very feebly, and
said be felt os though he had had a sun
stroke. The arresting officer found him
about 12 o’clock at night, aud his Honor
thought Ed. must have been moon-struck.
He was so hot he just took one drink of
beer to cool off. For this offense his
Honor was sorry, and let him off with the
nominal fine of $10.
Harriet beecher's toe oreer
was the old almanai*. maker herself. She
was good at figures, and calculated about
what time Martha Johnson would pass a
certain place in company with her sweet
heart. She measured the time exactly,
he would get the worth of his money, so
he turned looee his war hones and msde
out a first-rate quiet job of it—for which,
(as he promises to be a good customer),
he paid only $5 and costs.
After this his Honor went up to see why
Tweedy had not sent around the ioe ac
cording to promise. Ever since the Ioe-
villo affair the Mayor has longed for ice,
and invested $45 for a cooler, with the
understanding that the new ioe oompany
were to begin operations at onoe. But
the oooler has set day after day in his
Honor's dining-room and no ioe yet—
Come, Tweedy, do the clean thing, and
let us have what you promised. The
Jndge is red hot about his disappoint
ment
BIG TIME AMONG TUI NIGGIRR.
About 10,000
at CorlafUa- Freaks of
Scared Mule.
Last Sunday was preached the com
mencement sermon, at Covington, of
Emory College, preparatory to the exer
cises whioh were to follow the succeed
ing day. This is an old time oustom,
and a great many people flocked to Cov
ington to hear the eminent Bishop Pieroe
orate ou that oocaaion. True to their
apish instiota, the negroes improvised a
big meeting in Covington, for that day,
and an immense crowd of them were on
hand, from the surrounding country, in
attendance. They came up by every con
veyance, and soon outnumbered their
white brethren, who were holding forth
in another part of the town. Quite a
large number went from this place. The
big preacher of the occasion was Joe
Woods, well known in this city as a good
drayman, and an nsually good negro gen
erally. While Joe was in full swing,
warning hiB fellow-sinners of the terrible
consequences of their sius, and getting
up the excitement to its usual pitch on
such occasions, the train from this city
came puffing and snorting close by the
congregation. This lent additional ex
citement to the crowd, and the country
colts and mules unused to the cars, were
all whirling and twisting in the very ag
onies of fright. Brother Joe was call
ing up the mourners; the sisters
were hugging and clasping the
brethren in true Christian unity, the en
gine was puffing and blowing, and when
the two shrill toots were sounded for
“down breaks,” one old Confederate
male could stand it no longer. He just
gave one long, strong and decided pull,
, 4 i • a* a mule only knows bow to give, and
and as the twain hove in sight Harriet J
just simply invited the man home to hi* the rope wh.oh held Iran to a
tapper, and told the other gal to go to | h . mb ' He appare “ tlj cl<>8ed
the devil. The other gal wouldn't go,
but went for a policeman, who took Har
riet out of bad company and locked her
She came sailing into Court, after
being called twice, dressed to kill. She
had on a durnask colored silk dress with
a genuine lm£f overall, or half dress, with
a huge double bow knot behind, a nobby
hat, parasol, fan and all the harness of a
lady of the “ton.” Her chignon
larger than a bnggf eushion, and she
looked the very pioture of injured in-
uocence. After several wituessee were
through, the Mayor concluded that Har
riet was as much sinned against as sin
ning, aud let her slide.
MISS ALICE JOHNSON
sent in a plea of guilty to the charge of
being drunk, quarreling, disorderly and
profane. The Court thought if she was
all this at once, she was able to pay $15
and costs, and so ordered.
ALHXANDEB HAMIT/TON WHITEHEAD
was a long, tall, red-eyed nigger, who
was charged with being drank on the
streets. Hump, would have been dis
charged probably with only |costs of suit,
but a pistol was found on his person, and
for that the Court told him a secret, with
the.promise from him that be would tail
uo one. It was this: “Now, Hamp, I
want to tell you thin secret I am going
hereafter to bind over every person to
apiiear before the Superior Oonrt that
comes before me, if it is proven that such
person hud a pistol about him. It
don’t make any difference who it is—
white or black, man or woman—male or
female, Irish or Dutch—up they go be
fore Hopkius. Now, I dont make an ex
ample of you; but I tell you privately,
you are the last one who gets oft scot free
on this question. Don’t say anything
about it, but just watch me.” Hamp waa
watching him then, and watched him so
close that he saw him put down ten dol
lars against him for getting drunk.
THE SMITHS AOAIN.
Two of tlie Smith family had some un
pleasantness with the proprietor of the
American Hotel, and a good deal of
mouthing waa done on both aides, and
some weapons drawn. One of the
Smiths was so demonstrative in bis tes
timony, that it was at one time thought
to be necessary in order to keep him still,
for a policeman to hold him. Be wont
through all the pantomime of a first-class
tragedy, in whioh he represented all the
different characters It was a case in
which none of the parties were void of
offence against good order and peace, so
each had to contribute $10 and oosts to
make the Conrt feel easy.
ALL ABOUT A DROP OT WATER.
Some negroes hod J. Guntz up for ask
ing a little negro for a drink of fresh wa
ter which he was carrying. Thu the negro
refused, and some difficulty arose
when a lot of drunken negroes in a bar
room near by, made as though they would
put Gunt* through » course of sprouts.
Guntz had a brother who didn't propose
to be put, and then followed the arrests.
The Mayor took a sensible view of the
case, as he does in most cases, and dis
missed the parties. A little wholesome
head ^reeking does good sometimes.
HP AGAIN.
James Driakol wee up again for being
drunk. There wee probably no doubt of
it this time. The Morning before Jim
mie paid the ooet* in a doubtful oaaa of
drunkenness, and ws thought that was
the last of him; bnt he concluded that aa
long as he was charged for getting drunk
his eyes and went it blind, for os soon as
he was freed from the limb, he made
right for the congregation, with head
and tail erect He unceremoniously
plunged into the crowd of devout blacks,
scattering them iu every direction. A
wide opening was made for the mule,
which never halted until he arrived right
iu front of the pulpit, amongst the
mourners and preachers.
It u supposed that Joe’s well known
treatment of mules, aud his persuasive
voice attraoted this animal to him as a
refuge from what, uo doubt, his mulish
instincts would consider the devil on
wheels.
A mVSTBKIUVS AFFAIR.
Marks of Blood—A Strange Man Aiks n
Significant question.
About 11 o’clock Monday night the
sharp report of a Derringer pistol was
beard in the neighborhood of the cross
ing of Walton and Forsyth streets, nesr
the Orphan's schoolhonse and the First
Baptist Church. Those in the immedi
ate neighborhood were startled by the re
port, and on looking in that direotion no
person oonld be seen. A few minutes
after the firing a strange man walked in
to a beer saloon near by, and asked of
the cro vd sitting around if any one was
hurt by the shooting just now? Nothing
unnsnal was noticed in his appearanoe or
manner at the lime. He was answered
by some one present that they did not
know of any damage being done, when
he retired.
Yesterday Messrs. Wallace and Wad
dell were examining the front of the
sohool building, and discovered traces of
blood on various parts of the house. On
closer inspection, the marks of fingera
were seen on the steps, all clearly defined
by blood. It was scattered around on
the grating and pavement to a consider
able extent. Many speculations are in
dulged in as to the probable cause of
these signs, but no satisfactory explana
tion has been found. The appearanoe of
the strange man and his ztrauge remark
in the beer saloon of the previous night
was talked of, but nothing could he made
of it. What this all means remains a
deep mystery, which will, uo doubt, be
solved in the futnre.
THOSE HEW CARS.
Why They Were Removes.
We mentioned yesterday the removal
of the two beautiful passenger coaches of
the Macon and Western Railroad, altar
the publio had been invited to inspeot
them for two days. The agent of the
road at this place informs us that the rea
son why they were removed was because
they occupied the track of the Georgia
Road, which was Deeded for the passage
to and fro of their freight truius daring
the day. They are at the Macon depot,
where the public oan see them.
Col. Adair's Salas.
We sek attention to the several eards
of OoL G. W. Adair in this morning's
paper.
1. Six lote on Richardson street, south
•f Mr. Reason's.
$. A niee font room oottage for oaah,
at a sacrifice.
8. Ran inducements to purchase resi
dence lota in West End.
The Street Railroad is being built.
SVFIUBME COURT DECISIONS.
(Reported Specially for Tub Atlanta Bun]
A. G. Bonaldson vs. A. J. Tabor—Ejeot-
ment from Worth.
Where A leased land to B., who as
aigued the lease te a third party during
the term, aid die party in possession
purchased the laud from the owner who
leased the land, and brought suit for the
land in his life time.
Held that the poseeaaion of defendant
was on estoppel upon the teuuut'e dispu
ting his landlord's title, until he surren
dered possession, and upon his assignee
who had notioe of the exiatenoe of the
lease, and the Oourt ought not to have
set aside the verdiot and granted a new
trial, under the facts, in this case.
Judgment reversed.
George W. Dean vs. The State—Assault
with intent to Murder, from Decatur.
Where an indictment was found against
a party, oontalning two oounts, cue for
assault with intent to murder, and a seo-
ond tor stabbing; and a motion was made
to quash the indiotment on this ground,
whioh was overruled, and there was a
general verdiot against the defendant,
and a motion in arrest of judgment,
which motion the Oourt overruled.
Held that the Oourt committed no er
ror.
Section 4541 is controlled by the Con-
stitutton of the State, whioh provides
that the aoonsed shall be furnished on
demand, with a oopy of the aoonsation
and a list of the witnesses, Ac.
Jeff. Neabitt and George Jobnson vs.
The State—Murder, from Baker.
The plaintiffs in error were indicted
for murder and oonvieted. A motion
was made for a new trial and oVerruled.
Held that the practice of tikiug the
oompetenoy of jurors, under the law now
is, after the juror has satisfactorily an
swered the statutory question# and is
prononnoed competent, the psrtrpntting
said juror upon trial must prodijoe proof
of the untruthfulnees of such answers,
and it is then in the provinoe of the
Conrt to examine such juror aud pass
upon his competency.
While we Teooguiae the rule as to the
admission of dying declarations, ss pre
scribed in Section 9728 of the Code, tlie
fixed opiuiou of the deoeused, that he
would die, oonpled with the faut that he
was then dying from compression of the
brain, notwithstanding the physician’s
opinion that he was iu au improving con
dition, rendered the evidenee admissible.
The character of deceased for wicked
ness, dying cursing and blasphemous,
having no belief in God, doea not- render
bis dying declarations inadmissible; the
weight, however, and credibility given
them should he weighed bv the jury.
Judgment reversed, ou the ground that
the verdict is unsustaiued by the evi-
denoe.
James W. Kemp, Sheriff, vs. James
Williams—Rule agninst Sheriff. From
Dougherty.
Whereas, Thsre was a rnle agninst a
Sheriff for failing to raise money ou a fi.
fa. founded on a debt contracted before
1st of June, 1MH5.
The Sheriff set up in his answer that
the plaintiff had nut paid tlie taxes on
the fl. fa., and that he did not have the
affidavit attached thereto, required by the
act of 1870. It appeared as part of the
proceedings of the case, though not in
the Sheriff’s answer, that in September,
1870, he had called ou the defendaut iu
fi. fa for the mouey and had takuu his
word for it, thut it should be forth
coming; bnt it was not.
Held that the Sheriff could not set up
in his answer the act of 1870, requiring
the taxes paid, or affidavit attached to
the sxecution before it oould proceed.
Judgment affirmed.
Thoteas Clark et al., Adm'r, va Herring
A Mock—Bill in Equity praying forau
injunction. From Dougherty.
Held, 1st. The granting or dissolv
ing an injunction on the facts, ie largely
within the discretion of the court, and'
this Oonrt will not oontrol that discretion
except in s very strong case.
2(1. An estate for years may be bought
and sold even against the consent of the
grantor.
3d. A tenant for years under contract
for rent stands in the shoes of the land
lord and in general is not entitled to no
tioe of equities in favor of third persons.
Judgment affirmed.
Whitehead vs. Arline—Equity from
Mitchell.
It appears from the record in this case
that Arline sold his land in 1861 to Hooka
for$l,600,andtookhisnotetherefor. On
going to the war, he left the note with
his wife, to purohaae a house during his
absence, and requested Pullen to assist
her. Pullen sold her a tract of land, and
reoeived in payment therefor the Hooks'
note, and made the deed to the wife in
stead of her husband. Afterwards Pul
len sold bis land, inoluding the landoon-
veyed to Mrs. Arlino, to Whitehead,
promising to purchase for her other land,
whioh he never did. When Pullen sold
the land to Whitehead, Kirs. Arline gave
up the deed made to her by Pullen, but
executed no conveyance thcroof. This
deed was subsequently recorded, it is
said, through mistake. When Arline re
turned from the war, he found tlmt Pul
len had the Hooks note, and .was in pos
session of thc|land, though professing to
have sold it to Whitehead, and made him
a deed therefor. Arline brought an ac
tion of ejectment to recover possession
of the land; whereupon Whitehead filed
his bill to perpetually enjoin the action
of ejeotmeut, on the ground that he was
a bowi tide purchaser without notice, and
that Arline was estopped by the conduct
of bis wife in assenting to the sale of the
land by Pullen to Whitehead.
On the trial of the esse made on the
bill and answer and evidence, the jury
found a verdiot for defendants. A mo
tion was made for a new trial on account
lot error in the charge of the court and
because the verdict wus contrary to the
law and evidence, which motion was
overruled and complainant accepted.
Held that prior to the act of 1866, a
conveyance of land to a wife without any
words showing it was intended for her
sole and separate use, vested the title iu
her husband, more especially when the
consideration paid therefor, as in this
ae, was the property of the husband.
Held, also, that although there is error
in the charge of the oourt to the jury,
still the verdict is right under the law and
faeta of the case aud this Court will not
disturb it. Whitehead knew the condi
tion of the title when he pnrohased the
land from Pulieu and received the deed
made to Mrs. Arline ss i part of his title
papers, and iu our judgment the equity
aud justice of the oas- are decidedly in
fcvor of the verdict, and the motion for
a new trial was properly overruled.
Judgment affirmed.
Rust, Johnson A Co., and John R. Jones,
Adm'r, vs. Bebeoca Billingtlea et at.,
and John R. Jones, Adm'r; also. Mil-
ton Creighton, Trustee of Cyrus Bil-
liugalea, vs. John R. Jones, Adm'r
B. A. Billingtlea, et ah—Equity from
Dougherty.
These two eases were consolidated,
and they were argued and the decisions
lopiUron togoibor.
This was s bill filed by the adminis
trator of Billingslaa, for direotion es to
the payment of the delta of his intes
tate oat of the assets in Us bands, the
estate being insolvent, inelndiug ‘he
widow's l ight to dower, homestead, Ac.
Held, That the necessary expenses of
administration, including the provision
allowed for the support of the family of
the intestate, be paid out of the joint
funds of the estate.
Held, also. That the decree of the eourt
below in favor of Milton Creighton, trus
tee Ao., be affirmed as to the amount
thereof; and being a debt due by the intes
tate ae trustee is to be paid next after
the exjieuses of administration and the
year’s support of the intestate’s family.
It appears from the reoord that on the
11th of October, 1866, the intestate Bil-
lingslea aud Vaaou jointly purchased
from Joues the Mott A Creighton planta
tion, aud gave joiut notes therefor.—
Joues made a deed to them jointly for
the land, aud they at the same time
jointly executed a mortgage to Joues on
the land to secure the payment of the
notes given for the purchase money there
of. The purchasers of the land occu
pied it jointly for odc year. Then Vu
aou relinquished his iutercat In it to the
intestate, who occupied aud ouluvateu
the seme until the time of hie death.—
Jones was no party to the contract be
tween Vason and BiUingslea.
Held, That the seisin of the intestate
of the land embraced in the Mott and
Creighton plantation waa sufficient in law
under the provisions of the oode of this
State, to entitle his widow to dower
therein; that a mortgage in this State is
only security for a debt and passes no
title; that the mortgage on the land was
a lein created by the parties making it,
which cannot defeat the widow's right to
dower; that inasmuoh aa the mortgage
lein on the undivided half of the Mott
A Creighton plantations was not oreated
by the intestate, as the husband of the
widow, hut by Vason, who subsequently
oonveyed the land to the intestate with
the enoumbranoe of the mortgage there
on, the widow, before she oan enjoy her
dower in the undivided half of the land
oonveyed to her husband by Vason. with
the encumbrance of the Jones mort
gage must first discharge the encum-
branoe therein, the same not being a lein
created by her husband, but a lean ex
isting on the land at the time her hus
band acqufred his title thereto.
It is also disclosed by the reoord, that
ou the 31st January, 1868, BiUingslea the
intestate drew his draft in favor of
Thomas Hill for the sum of $4,322 39,
payable 15th November next after date,
upon Messrs Rust, JobnBon A Co, of Al
bany, aud to secure the payment of that
draft, the intestate on the same day exe
cutes a mortgage deed to HU1 for his uu-
divided half interest in the tract of land
known os the Hill plantation, the sum
specified in the draft baiuff the amount
due Hill by the intestate for
his Bhare of the original pur
chase money for the HiU planta
tion. This draft was accepted by Messrs.
Rust, Johuson A Co., for the accommo
dation of the drawer, and paid by them
as such accommodation acceptors. They
having no fuuds of the intestate, the
ilruwer, iu their hands at the time of
their acceptance of their draft. It also
appears from the reoord thut Rust, John
son A Co., refused to aooept the draft of
tlie intestate unless the mortgage was
made, aud after it was made, that the
mortgage should be transferred to them,
on payment of the draft by them. The
draft was paid at mntnrity and the raort-
S uge was transferred to them on the 25th
lovember, 1868.
Held that under the general rule appli
cable to the payment of r. debt by the
accommodation acceptors for security,
that they would have been entitled to a
transfer of the mortgage to themselves,
certainly they are entitled to such trans
fer under the special agreement of the
parties, as Bbown by the reoord, and were
entitled to the same specific Ben on the
Hill plantation, or the proceeds of the
sale thereof, as the original mortgage,
and to have the same paid according to
the priority of its Uen upon that specific
property included in the mortgage.
Held, also, that the widow of the in
testate was not entitled to homoetead and
pemonul exemption out of his property
in addition to her dower and provision
for her year's support.
Held farther, that the factor’s lien of
Rust, Jobnson A Co. was not entitled to
priority of payment oat of the proeeeds
of the crops made on the Mott end
Creighton ; Imitation In tho years 1.368 and
1869 on tho stateuioL*. of the facts (lie
olosed by tho reoord.
Held further, that overseers, unless
they are employed as day laborers and
work as snob on the plantation, are not
entitled to priority of Uen for the pay
ment of their wages under the act of
1869.
Let the judgment and decree of the
oonrt below be reversed and a decree be
rendered in conformity with the judg
ment of this Conrt on the qnestions made
in the bill of exceptions as sot forth in
the record.
Judgmeut reversed and we render the
following judgment:
It is the opinion of this Conrt,
1st. That the necessary expenses of
this administration, including the provis
ion allowed for the snpport of the family
of the intestate, should be paid out of
the joint funds of the estate.
2d. That the decree in favor of Milton
Creighton, trustee, Ao.,should bo affirmed
as to the amount thereof and be paid next
after the expenses of administration and
the year's support of the intestate’s fam-
ily.
3d. That the widow of the intestate is
entitled to dower in the undivided half of
the HiU plantation and in the Mott and
Creighton plantation, but she is bound to
discharge tne encumbrance of Vason's
mortgage to Jones on the one undivided
half thereof, which existed prior to the
seizing of her husband on that undivided
half interest of the last named plantation.
4th. That Rust, Johnson A Co., assig
nees of tho mortgage made by the rates-
testate to HiU, hold a specific lien on the
property covered by the mortgage and
are entitled to have their mortgage deed
paid out of that projierty according to
the priority of its lien on that specific
projierty, after the widow's dower shaU
have been allowed.
Ctli. That the widow of the intestate
is not entitled to homestead and personal
exemption out of his projierty in addi
tion to her dower and provision for her
year's snpport.
6th. That the factor's lien of Rust,
Johnson A Co., is not entitled to priority
uf payment out of the proceeds of tho
crop msde ou the Mott A Creighton plan
tation in the rears 1868 and 1869.
7ih. That the overseers, unless they
worked as common dsy laborers on the
plantations, are not entitled to priority
of lean for the payment of their wages.
It is further ordered and adjudged, that
the Counrt below proceed to hear the
case, and to order a distribution of the
assets of the intestate's estate, in con
formity to the judgment of this conrt,
on the questions decided by it on the ex
ceptions taken to the decree, and that so
much of the decree of the Court below,
as was not excepted to, stand affirmed,and
that the Cuurt decree a sale of the Mott
and Creigton plantations, so aa to enable
the widow to have her dower oat of the
proceeds, thereof, as the has made her
eleotion to do so, and to ap
portion the prooeedx of the sole of
the Mott and Creighton plan
tation and the prooeeda of the HiU plan
tation, whioh has already been told, to
the payment of the widow’s dowtr. She
being entitled to her dower Id the one
undivided half of the HiU jHintation,
and to her dowi r in the proceeds of the
sale of the Mott andCrelghton plantations
on discharging the encumbranoe made
by Vuson’s mortgage on the land to Jones;
and after the widow's claim of dower is
paid, the balance of the proceeds of the
sale of this specific laud covered by the
respective mortgages, to be applied to
the payment of tlie respective mortgages
ou the specifio property meutioned there
in; and if in tlie payment of the assets, as
hereinbefore directed, there shaU not be
sufficient assets of intestate’s estate in the
hands of the administrator, without eu
trenching upon the specific mortgage
liens, then the respective mortgage Gens
on the specific property to abate in pro-
portiuu to the respective amount thereof.
LocnnANE, C. J., dissenting—For rea
sons I shall give in the decision of the
case of Slaughter vs. Culpepper, I dis
sent from so much of the judgment of
the oourt just pronounced in this case,
aa gives to tho widow of the intestate
1 < i n the lands purchased from Jones,
and upon which simultaneously with the
deed, aud as a part of the same transac
tion, a mortgage was exeouted for tl e
purchase money, so far as this judgment
gives to the widow the right of dower in
that projierty, in preference to the lain
of tho vendor for the purchase money.
McKay, J.—I concur in the judgment
of the oourt iu the Joues case, ana wiU
S 've my opinion in the case of Slaughter
ulpepper.
M. J. Slaughter vs. Bryan Culpeper—
Application for Dower, from Mitchell.
MoOar, J.
There is no question at all bnt that, at
Common Law, iu England and most of
the States iu the Union, that where there
is a sale of land aud a deed made and
contemporaneously with the making of
the deed, the vendee makes back a mort
gage to Becure the payment of the pur
chase money, the Courts of England and
generally of the United States, have held
that this was not seizin of the husbsnd,
and that the wife was not entitled to
dower, aud tho authorities are almost
uniform upon this snbjeot, but the judg
ment of the Conrt inthisoaseisputnpi j
our statute: sections 1753 ana 1759 of
the Revisod Code of this State. A mort
gage made by tho husband for the pur
chase money, eontemjioraneoualy with s
deed to him from the vendor, jiaasing
no title and being only a lein oreated by
the huslmnd, is no bar to her dower. A
widow is in this State entitled to dower
out of the land bargained by her hui-
liand to a third person, where the pur
chase money is unpaid.
Lochraue, C. J., dissents.
A LOFTY FALL.
Yesterday morning two workmen, a
Mr. McCord and a negro, were at work
on tho First Methodist Church, on
Peachtree, and were ou a scaffolding
sixty feet from the ground. All at onoe
the stuuoliions gave way immediately un
der the platform of the eastern tower,
and the two unfortunate men were pre
cipitated from the fcarfnl height to
the ground. In the descent the
force of the fall was considerable
broken by an intervening cross scaffold
ing, and . but for this fortunate foot
tlie men must have been instantly killed.
As it was, Mr. MoCord was badly hurt
aud the negro braised seriously. Both
men were instantly cared for, and their
sufferings alleviated ns much as possible.
HOTEL CHANGES.
Yesterday Mr. Vance closed the doors
of the .American Hotel as a .house of
public entertainment. We did not learn
the cause, but suppose laok of patronage
and tho Btringeucy of the times had
something to do with it.
. Iso learn that next week the old
United States or Stubblefield House will
shut up shop, and the proprietor, CoL
Stubblefield, will open up tie old Na
tional. This is changing thinga around
considerably.
Col. Stnbhlefleld intends making the
National a first-class Hotel, and his long
experience in the business is a guarantee
of its future greatness.
I'lr IV!«• a« Oglethorpe Park*
On Monday evening next ths Oonoor-
dia Association intend going to Ogle-
thorpe Park to pass a pleasant evening.
The train leaves at 8 o'clock, r. M., and
returns when all get tired. No doubt
those who go will enjoy themselves, ss
the Conoordiu folks always make it a
point to have a good time when they un
dertake such a thing.
A Big Dollar.
See the advertitement of the Dollar
Store in Macon. We learn that it ia one
of the biggest establishments of the kind
in tho South, at which almost anything
oan be bought for ona dollar.
OOMMHJPlOIACi
MARKETS UY TELEGRAPH.
[«r kci.l
iUM.|
; mid
NOON.
Nxw Yom. July 18.—Cotton dull and eesii
dling upland* 90 i*. Orleans 30?* ; sales 9.flu* bates.
Paoiiuca—Flour dull. Wheat Arm. Corn Arm.
PaovuuoMa— Pork quiet aud weak at $I4.76#14.87.
Lard Arm.
Freight* quiet.
Financial—Money sa*y at*. Oddsteady at 1*H
<$12* 4 . Stock* steady. Ooveinn ent* dull and Leary.
State bond* dull. Exchange—long 10)*, abort 101*.
Cincinnati, Jnly 18.—Cotton ateady but qotet;
low mlddlingg ltf'*. middling* 201*.
Whi*ky active and Arm at 91.
Pboduce—Flour dull and declining; superfine $5.50 (
extra $6.26, family *0.00. Ooru.fi ;m and la good
demand; mixed shelled 57o. Oat* ateady with good
demand; prime mixed 64.
Pboviuons—Mesa Pork heavy and declining,
$14 76. Bacon dull and lower: ahonldera 6H. clear
rib aide* 8 L 4 , clear aldea H V Mara* in moderate
consumptive demand and ateady; auger cured 16.
Bulk Meat* are heavy and do’lining; shoulders 6*.
rib aide* 7,S', clear aldea YS- Lard
with a good demaud; city, kettle rendered,
Bualne*« generally ia very dull.
Ltvxjupool, July 18.—Cotton opened dull
changed; upland* 9d, Orleans 9, l s<&9j*d;
bale*, speculation 2,000.
Paonrca—Jfftour 24a; short middles 36a.
London, July 18.—Conaola 9394. Bonds 9*V
▲FTE&NOON.
At. Louis, July 18 —Proorcr—Flonr, demand Mr,
market Arm. Corn dull; mixed, aac-ka. 66#66^o,
white 61.
Pmovmom—Only Jobbing demand. Pork $11#
16 60; ahouldera ? V clear •idea 9l*#t)a. I«r4
dull, *4 10*10*.
ders 6*.
d ateady
•a. mv
bufun-
l 8,000
LlYaarooL, July 18.—lv*WTNa—Cotton rfMfftor
m*aAd4 8^dt6 9;OiMM9*dl XancMar##
Turpentine settee at 46,
Pa*i*. July 19.—TtMUMCUL—M*aU* AIM,
Baltino**, July 18.—Pboduce—Plow quiet and
yellow 72®74.
Pnonnowe-Pork ateady. Bnoa* qulat-aboml*
dare 7*. Lerdll#U*o.
Whisky 94* to ML
QnoixsATi, July 18. -P—oca Flour dull. 0#n
doll and drooping; 64c,
PnonaioNa—Pork, full prices asked, no demand,
$14.76# 16. Lard 10*. Bacon, limited Jobbing de
mand ; shooldtes 6*; clear aides 8*o#8*.
Whisky buoyant at 9So. asked,
Louiotixs, July 18.—Pioduc*—flour droopUg-
Cocn In fair demand; sacks 70.
PnovDBosa—Dull and wmk. Pork tees* $16.
Paeon—shoulders 8c, clear sides 9*, Laid, kegs, 11,
Whisky »le.
New Tons, Jnly lA.«\0otton dull; salsa 1,164; up
lands 30*c.
l'RODuca—flour—southern dull and lowar; com
mon to fair extra $5.90#6.60; good to ehole# $6.66#
6.89. Wheat,(spring *c lowar; winter rad and amber
wn, oU and new. 1.40; southern 1.48#1.481
Corn a shade easier; 70#71a.
Whisky Arm; 94Xc.
Provisions—Pork barely ateady; I4jj*#li*. Beef
quiet Lard Armer, kettle ll*o.
Turpentine weak. 49050. Boaln held firmly, Tal*
low 9#9*o. •
Freights firmer.
JuumoAig—Money assy at 2 to 8. Sterling qplet;
Gold steady $1 12>i#l 12X- Government* X hat
ter. States doll and firm; Tann. 72. new 73; Va’a 66,
new TS; La's 08, laraesTS; 8’« 88; Ala’s 98; Fa M;
Oa’a 0$; T’e 91 N. O’a 48, new 97; 8. 0's 79, new
68*.
Augusta, July 18.-Cotton market flat m4 nomi
nal el *18* for Liverpool middlings; aalea 8 bales;
reoelpts 180.
Wilmington, Jnly 18.—Spirit* Turpentine firm,
at 460. Boaln firm, at $2.60; for No. 1 $6 80, for
extra pate $6.19%. For pale crude Turpentine, firm,
$8.60, for yellow dip. $4.10 for Virgin, Tar firm.
NiwOxuun, July 18.—Cotton market dull, prioes
nominal; middlings *0; net reoetpte 1,400 balsa,
gross 1,577; exports to Havre a,444. coastwise 228;
■ales 416; stock 67,891.
Paoooon—-Core, firmer; mixed 71#72c. yellow 71,
white mixed 77#78, white 80. Oats dull, 4 4fi#68.
Bran dull and lower; $1.
Pnovisions—Pork dull and lower, mesa offering at
$16.76. Bacon dull and easier; 7#c, OH, 9\- Cof
fee quiet and firm. Bngar ateady. Mol—is quiet.
Bloe quiet.
Freight*, per steam—corn 81*. wheat 8#8y.
Financial^—Bank sterling 24J*; sight % pram.;
gold 19.
Moku, July 18.—Cotton market dull and nomi
nal—aoourate quotations cannot be given—net re
ceipts 100 balsa; stock 8,975.
Galvbston, July 18.—Cotton—good ordinary 18;
net receipts 488; exports ooastwise 906; stock 18,609.
Baltimoxk, Jnly 18.—Cotton market qaiet and
steady; middlings 90)*; net receipts07 balsa, gross
167; stock 1,010.
Boston, July It.—Cotton market dull; middlings
90X#91; gross reoelpts 70 bales; sales 200; stock
i, Jnly 18.—Cotton dull; middlings 30;
net reoelpts 988 bales, sales 107; stock 1,890.
Sayamnam, Jnly 18.—Cotton market settee ; mid
dling 19)£o; net reoelpts 02 bales; stock 8,397.
Noxvolk, July 18.—Cotton market quiet; low
middlings 19)*; net reoelpts 87 bales; exportsooast-
wtea 94; clock 706.
®l)e CtlQ Bnbget.
OANCELMENT OF AUTHORI-
TT—Th, PA0ITIC INSURANCE COMPANY, of Su
Franolsoo, having removed M. 0. Blanchard, of At
lanta, from the position, as agent, to make. Insu
rance against Fire, and having demanded return of
the written power usually givon agents, which de
mand ha* been refused, Ktrebg gimt notice of the
■Arne being null and void, and that customers of the
Company are requested hereafter to deal with their
present Agent L. B. Davis.
A. a. RALSTON, Secretary.
FRAME, HARE k LOCKWOOD.
New York, Jul fS. 1871-Jyit- Oen’l Agnate.
THROUGH THIS SOLICITA
TION of many oltlxena the undersigned hereby an -
oas himself a oan di date for Jos tics of the
Peace, la and for the 1020th District CL M., for tha
uuexpired term of Justtea Bpenoer, resigned.
Election on Saturday, July 15,1871.
junett-tda W. T. UOLDEBNESS.
K M. ROSE k CO., Wholesale
Liquor Dealers, Atlanta, Ga. Boss’ Bitters and
Bob nappe. Alio, Shafer’s Ginger and Cherry Bran
dies at lowest figures.
JunelO B. M. ROSE k 00.
m* RUBS' St. DOMINGO BITTERS
Is a most valuable stomachic and tonic, and la aa
wall known, or better known than any other Bitters,
and better established. For sale by
Jon*16- B. M. BOSE k OO., Broad street.
AROMATIC SCHNAPPS—The
Arnmaflo gohnappa, manufactured in Hollaud for
John A. Boa, have no superior la the market They
are known sad used all ovsr the civilised world.and
"None know them but to love them.
Non* name them but to praise.”
For ml* by B. M. ROfti • CO..
June 16 BroaJ street
For Sale.
One horth interest in coli
STEAM PLAINING MILL.
ApplT to D. W. OHAMVAINE,
JalXll-lm
Columbus, Ga.
Change of Schedule.
Maoon, July 12, 1871,
DAT PASIBMOB1 TBAIV
Leaves Atlanta. T
Leaves Maoon. 7
WIGHT PAISJBNGEB T$A
July 13-64
H. W. BRONSON, M. T.
SPECIAL NOTICE/
EXCURSION, RBTURNtttOkETS.
GREAT REDUCTION.
rriHE Yota ud AUul
A aootkXM offer gaseth
string to visit the many Bummer I
I Western and Attantte Railroad and Its eon-
oqpreons de
Atlanta to Leokont Mountain and retern..... $9 T8
Ostooea Spring* and return........ 8 T6
” War# Springs, N. C.. and rstarn. .90 96
•• Tallow nulpbar and return 98 96
•• Monty White Sulphur andreturn.. 28 26
Alleghany Springs and return 28 26
•• Ooynsrs White Nnlphur and return .80 00
*• Orssnbrter W. •., and return.,
Tickets can be had at Ticket Offoe. :
Depot
Ask for tickets via Western and Atlantic 1. ....
For Information apply to B- W. WRENM,
JylO-lm G«Dsraf Passenger and Ticket Agent.
DR. J. B. MURPHY,
SURGEON DENTIST,
H as betubwed to the on, and oan bi
(bund U U. old o«L». oa NrM. an
Job. C. WhUMr-i. .ton to will to plnnd to mw
bu pHroretoA tto ptotD mukiD,. AU blada o
dtoMloumtaM MrtonMd pnniAl? ud it a
Attorney at Law,