The Atlanta daily sun. (Atlanta, Ga.) 1870-1873, July 19, 1871, Image 3

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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,