Newspaper Page Text
Fallon MieriH’o Solco Cor April,
I tflOm
XITXLL he sold tiemre the Coort Home door, in
\ v the city Of Atlanta. Fulton eonnty, Cn., on
the ant Tneadey in April next, 1810, within the
lawful hours ofeole, the lollowing property,
10-wit;
One Milliner** ebow cate, two thaw eneai, one
water cooler, one g 11 Welch and chain, e 1 t of
artificial l,«tn.emi trlru-nlngs.drcas patterns,
and quite nlot of materials used in a Milliner’,
tune Iras le loans tbe property or Bn. Martha
Shephard by virtue of am to taut >y a distress
warrant Issued by Xhuntaa bpencer, a Jusueeof
the rears In and for laid county, in far or of
Meador ft Brother! ft. llaitha Shephard. 1“rop
ery pointed out by John T. Meador. February
18. MRo.
Alao, at the tame line and place, all thatparcel
or lend in me city or Atlanta, being apart oi
land lot >0.16, in tne 14th District oi originally
Henry, now rollon county. On, known aa eity
ion Noe. U and SI. according to Cooper’s MapoC
Atlanta, bounded Forth by Crumley street, Month
by lot a now a on anld map a, Jones’ lot. Weal by
l ire street, in Bloch ho. It; raid twonumbers
Si and M tontainlng one and a quarter UK) acres,
mere or lest; lefj and sale being made for the
balance or me purchase money irariedon name
property of Henry 1*. Farrow, by virtue or and tp
eeit.tyaS (a issued from Fulton Superior Coon
in favor of <4. C. Koger# vt. Henry P. Farrow.
Property pointed out by si. J Hammond, plain-
tilf’n attorney. December SO 1659.
Also, a< I be same tune aed place, a part of land
lot Bo. H(. id the 14ih district or original y Hen
ry, now » niton county, Ua-, known aa lots Nos. 9,
21.4 an*i 6. of one aireeaca, more or leas, and
bunded on tbe Forth by Varney street, ea the
Siam by l-cnaid street, on tbe hast by Lee r treat,
on ike west by Dalton siren. Also, Jots Bos S,
S and3. aoaudsd on the North by V.rney street
no tha Sooth by Iranard sweet, on the Best by
Daiion street, on the West by W eit street, con
taining two acres, more nr less; all of said streets
So fact wide except West street which la (0 feet
Wide; description of said six acres, according to
a survey lately made by the county surveyor.
Letlc; on as tne property or Edward White, by
virtue of and lo satiny at B. fa issued from Ful
ton superior Coart, in favor of tbe Atlanta Na-
tioaai sens vs. Ed war i White, aad V.A-QasUU,
endorser; said land Is vacant. Property pointed
out uy Uuiyer ft Bro. January 18, ltflj.
Also, as tua same uma and placa. a part or land
lot No 28, la the 14tb district or originally Henry,
aow Fuiloa county, lia. Ihe put no levied on u
Ward No. l.cny lot No. 5, Block 110, fronting 60
for I out ouodry s tract and running back loan
alley la tbe city of Atlanta, adjoining the prem
lacs of h«. Warner;said land is vacant Levied
oa aa the property vt t imothy Kelly, by virtue or
and tosatsmsy lOrou Justice.’ Co art fl. fat. issued
by XboatsS npeceer, J. 1'., of tne lueSth District,
U. U. vs. Xiraotny Kelly. Levy made by J. K
Xbompson, L. V., and turned oyer to me March
X tvh.
Also, at tbe same time and piece, a part of land
lot No. 81, in the 14th district of originally Henry,
To Cotton Planters.
FOB SALE,
1,000 BUSHELS
GENUINE HUNT
Cotton Seed
The best Short Staple in the country. Apply or
addrets J. J. PEARCE, BUTLER A C*..
Cotton Factors, Augusta, Os.
JanSO-dlm-wlOt
ADMIX ISTIt ATOirS SALE.
or hi- death, the same
having been heretofore conveyed by deed from
Thomas Ivey to said Fallio, and bearing date Nov
9, 1866, and therein folly described, and which said
deed is or Record in Clerk's office ofGwinnettSu-
perior Court. Tbe entire tract will be sold,re
serving the widow’s dower. Fold at tbe property
belonging. to the estsie of Charles B. Fallln, de
ceased, or the beaeflt of tbe beln end creditors.
Term* cash. SUSAN FALLIN, Adm’rx.
feblB-wtda
BLAKELY’S CELEBRATED RHEUMATIC
LINIMENT AND
Anodyne Embrocation
rrais Magnum Linlminttnn Is a certain and
A quick cure for RhetunxtlcandKcuralgie pains,
Tooth-ache, Ear-aehe, Sore Throat, TcnsUitis,
CBaadalarBweliingt,diseases ortho Spine, Paral
ysis, Tnmon, Osseous Tumors, Old Cates, in fact,
all cases in which an external application Is indi
cated, and for all aches and pain,. See the Circu
lar accompanying each bottle of Liniment. Sold
by Dr. L. n. BradBeld, Atlanta, Ga., Dr. A. B.
Drewry, Griffin, Ga, William Boot A Sons, Ma
rietta, Ga, Mr. J. W. High tower, Barnesville, Mr.
J. L. Blalock, Fayetteville, Ga, and by Druggists
and Merchants generally. jandS-SmW
BONE FL0TJE--B0NE FLOUE.
/^(RACKED Bose. Bono Meal, Bone Flour, and
vy Floated Bone, guaranteed to produce saute ef
fect at II.VLF COST of Peruvian Guano.
Send for circular. Address
LISTEE BROTHERS,
GEORGIA, Campbell Cennty.
C LAIBORNE H. STll.ES, Guardian of Henry
C. and Benjamin A. Styles, having applied to
tbe Court ot Ordinary of said county for a dis
charge from hi> guardianship of Henry C. aad
Benjamin A. fcty’ct’ persons and property.
This is thereto rc to cite all persons concerned to
show cause, by flltngobjcctions in my office, why
the said Claiborne M. Styles should not be dis
missed from bis guardianship of Henry C. and
Benjamin A. Stylet, and receive the usual letters
ofdUmlMlon.
Given under my hand and official signature, this
February 9lb, IBM. B. C. BEAT MIS,
feb-ll-w Ordinary.
NOTICE.
GEORGIA, Campbell County.
'T'll E ci Miens of said county are hereby notified
that I have been famished with the standard
weights and measures established by the United
stales, which is the standard of this State, and all
h*nl and official signature, this Janaary nth
S-wCCd K. C. E E AVERS, Ordinary.
GEORGIA, mm on County.
F lUIt WEEKS after date I will apply to ltd
Court of Ordinary of said county, for leave to
[sell a portion of the lands
of Gardner Crosby, late
mate siren nuiccsioa point, uicncc caaiwaxuiy
at right angles Witn Said street 400 feet to Rich
ard Peters’ land; thence southwardly at right-
angles with said last mentioned line 100 leet;
theme weatwaxdly lo a point or beginlng, con
taining voe anno, mote or lets; being thu same
bargained in a bond lor titles to tie •- U. MeNS-
mars, Ueiooer 3.1M6, and known as lot No. IS of
W. B. Baas’ survey. Levied on as tne property or
tieo ti McNamara, by virtue of and to tatisly two
• fa-. Issued by U. It. fcmitn Notary 1’nbllc and
ex-ofiiclo J. P, and for tbe 1 2nth district, u. M,
of Fusion eonnty, in favor or Wallace A Mcago vs.
Geo. ti. McNamara Levy made ny Henry liuimes,
L. U, ana handed lo me March 5. le*8.
Also, as the saute time and place, t «o shares of
the stock of the Fulon Loan und Building Asso
ciation, a body corporate, comg business in the
city of Atlanta. Fulton eon
the property or Marlin Foi
to salitiy a fi- la issued by Xfaonixs spencer, a
Josiice of too Peace in and for Fulton county,
Ua .and of tne 103fth District, ti. M.. in laror of
Batseea, Voik A Junnlan vs. Martin Funebo
Levy made by J. It- Thompson, L. c., and turned
over to me March 4,1670.
.sl»o, at the same time and place, a part of land
lot Mo 18, la ibo 14th dutrlctof originally Henry,
now Fusion County, tin Tue part tolevledon is
in Ward No.G.situatedon Fcaeatreestreet, in the
city of Atlanta, aojuinmg the premises of W. J.
O. Williams and Mr.. Nancy Jones, containing
one-half an aero, more or leu. Levi " “
property of smith II. Griffin, to tstisp
county tax 0. la. for hu tax for the year. 1S6J.
Match 4, lull).
Al-o. at roe same t me and place
lot No. Si, la the 14dt district or
Tne part so levied on la in «v ard No. 1, Block as.
Situated on Man gum it-eet, between Bhodtsanu
Hunter .trceis, id tne city er Atlanta, adiotnlag
L. L. James and East oi widow Law.be, contain
ing one leurtb ol an acre, more or less Levied
on as tne p operty of Robert X. Thomas, to tatlsry
a state aad (Laniy tax n la for bis tax for the
yearluBJ. rroperty pointed out by Jno. M. Mar-
wen, 1. C Mai ch 4, lfflj.
wlro, at the same time and place, a two-bone
wagon, new, with Iron axles. Levied on as the
property or A. X. Finney, to satisfy a state and
county tax II fa lor nia tax lor tbo year 1869.
Hal i wagon pointed out by said Finney. March
1,18iu
Also at the tame time and place, partof land
lot No. 88, In the.14th district, etc. The part so
levied on IS in ward No.*, situated on the south
west partol the city ot At.aata, known as the
laud on wbicn deiendant’s Brewery Is located,
containing eighteen il8) acres, more or leu. Le
vied on as thu property ol Michael Kries, to satis
fy a Stale and county tax D. fa. lor his tax ror tbe
year IMS. Property pointed ont by John M. Mar
well, X. C. March 1,IH70.
Alto, at ihe tamo time and place, part of land
lot No. 81, in the 14to district, etc. Tbe pert so
levied oa Is in Ward No. 9, situated on tho corner
of W lndtor and Richardson streets, in the city of
Atlan ta, adjoinlog tbe promises or Miss Courtney
and Me Daniel, contain mg two and one-half acres,
more or leva; on said lot is a brick dwelling in
which lb. d.ieadaat reside.. Levied on a. the
property of B J. Massey, trustee for wile, to sat
isfy a Stale and county tiix fi. fa. for his tax for
tue year 1HS9. Macb7.1«0.
Also, at ibo same time and place, a part or Und
lot No. 78. in the 14th district of originally Henry
now ration county, tin. The part so lenedon is
in Ward Mo. 5. situated on the corner or Lnckle
and Forsyth streets, in tne eity or Atlanta, known
as tub ilntion or Saateen lot, containihgSy feet
by 10 feet. Levied on as tho property of Dr. J. r
Alexander, to satisfy a Stale and eonnty tax II. fa
for tile ye ,r 1809 Property pointed out by Jebn
M. Harwell, X. C. March 1,1810.
Also, at the tame time and place, a part of land
lot no. 84, In tbo 14th district, etc. The part to
levied oa it in Ward No. I. situated on Peters
street and Micon and Western Railroad rignt-oT
war In the city of Atlanta, Ga, adjoining Boring
and Biker’s premises, containing ono-halfacreof
land, more or less. I-cried on as tho property of
John J. Ualloway, trustee for wire, to satisiy a
BUI - ana county tax a. fa. ror bis tax for the
SSTc. p jraSJ}J.“ aontbyJohaMUar -
AI»o. st the same time and place, a part of land
lot No. 61. In the 14tb district or originally Henry
»ow_rnlton county. Ua, helog a part of eity lot
NOTICE,
D. Feebler vs. Ann M. Fcchter-—Libel for D1
vorco— Felton .Superior Court, November
Tens, 1869.
J appearing to tbe Conrt. by the return of the
. . Sheriff, that the defendant is not to be found in
’' Bounty, and it further appearing that the
defendant resides without the limits ot this
Rtatc. It is. ou motion or solicitor, for complain
ant: Ordered, That defendant appear and
nnswerat the next term ot this Court, and that
she lie served by publication of this Bale, once a
month for foar months before the next term of
this Court, in The Atlanta Constitution, a news
paper published In AtUn* Ga fe ^ A a
A true extract from tho minutes of said Court.
December 29, IS®.
decSl-wlamlm W. B. VENABLE, Clerk.
Fayetto County Postponed Deputy
Sheriff's Sale.
WfllAj be sold beCore tbe Court Moose door in
P Let of land number thirty, In the sixth district
ef Fayette eonnty, to satisfy a taxfl. fa i-sued by
the Tax Collector of Fayetto eonnty ror the year
I8C9, against tbe property of. or xnown as tho
Iverson property, in i.eiauH<ittwo years. Levied
on ss the property of. and known as tho Iverson
property. Pointed ont by said Tax Colloctor-
5bla December 94,1889.
ISAAC B. AVER A, Deputy Sheriff,
leblt-wtds Printers fee 1960 per levy
GEORGIA, Gwinnett County
W HEREAS, William B. Cobb, administrator
on tbe estate of Jeremiah Morgan, deceas
ed. makes application to mo for Utters of dis
mission from said administration. ....
This is theieforc to cite and admonish all and
singular, tbe kindred and creditors of said de
ceased, to bo and appear at my office on
the 1st Monday in Jane next, to show
any they can, why letters of <*’—
not bo granted the eppUeant.
■ :r my band and offl
2810
JAMES T. LAMPKIN, Ordinary.
Printer’s fee $4 60.
ADMINISTRATOR'S SALE.
VJITILL be sold by vlrtoe of an order from tho
VV Court or Ordinary of Gwinnett county, bo
om tho court house door in tbe town of Lawrence-
vllle. between tbe legal hours or sale, on tbo first
Tuesday in April next, 100 seres or land, more or
less, in tbe 6tb district of said countv. number not
known, it being the plsee whereon Alford P. n-ver-
et resided at tho time or his death. Sold as the
property belonging to the catateof alford P. ««-
et, accessed, bold for the purpose of perfecting
Titles. This Feb 15.1870.
SHJ2KOD G. EVEEET, Adm’r.
feblS-wtds.
EiECcxnnix’s sale.
W ILL be sold on the first Tuesday in April
next, 1870, at the Court Douse door, in the
town or Lawrence*Me. Gwinnett county. Go-
between the legarfiourfl of sale, lot of land Mm-
her seventy-six (76) in the sixth district of said
county, containing two hundred and fifty * 1 "“
seres, more or less; it being the place wn<
Thomas Mewborn resided at the time of his
death, adjoining lands of FhiloH. GhoUton, Jas
T. Daniel, I*aao Brown and others. Sold to car~
ont the will or Thomas Mewborn. late of si
oonnty, deceased. Tenns csso Feb 16,1870.
GEOBGIAt muon County*
Obdixaky’3 OfPiCE, Feb 8, 1870.
W HEBEAS, A. J. WIgley, administrator
A' * J *
' " l«
t
. d Bcshoars :
This is to all cite persons concerned, kin
dred and creditors, to show cause, if any they
can, why said A. J. Wigley’s petition should not
bo granted on tbe — ^—*— "
February 8,1870.
No16. Block 11, fronting 61 feet on iho North side
oi Ellis Strict, aad running ba k North same
> the line of city lot
width 808 lect, more or leu. i
13. bounded on the West by city lot No. 89 anil <
tee East by property bargained by John Ficken to
Mrs. A. A. Harman. Levied on as the property of
J.mei I. Logan, oy virtue or and to satisfy a 11
fa Issued from Randolph Superior Conrt in laror
of ticive, Hyatt A Co, vs. James L. lagan
Properly I-Muted ont by M. J. Clark, plainlilPs at
torney. March!, 1810.
Also, at tbesame tlmeand place, a part of land
lot No. .9. in tlte 14th district, etc.’The part to
levied on Is la Wanik, lrontlngoa I’lnra street in
the eity or Atlanta, ronutaing seventeen acres
more or less; on said tan the defendant resides
Levied on at ti.o property of W.F. Harris trus-
tee for Frank Harri^to i.tury a BtataSidVSX.
tT tiX iL> r *V. for u>0 taxes or said trattoe. tor the
solei «as w ° nt uyjn °- m - na ^
ry, now rnlton eonnty, Ga^ being the house and
piemiseswhne K- J. Massey now lives In the
city of Atlanta, branded on the North by Rich
ardson street, on tbe East by Windsor ttt. South
by Crumley street, on the West by McDaniel
property, containing 9* acres of land, mom or
less. Levied oo as tbe property of B. J. Massey
trustee for his wife, by virtue or and to satisfy a
Mechanic lien fi. fa. issued from Fulton Superior
Court fi. fa. mavorofLuke Alien vs B. J. Mas
sey. trustee for wire. Property pointed ont bv
said’fl.'fai March 7* lSTO.* 0 * 1 *"* aw °mejs and in
lotK.-SL^tSSXifMM
on is in Ward 9 Block 41. aitnated on th” conm
of Form wait and Ravnon streets. In the eity or
Atlanta, adjoining the premises of Jesse Hol
brook. containing five-eighths on an acre, more
or less. Levied on as tne property'or A. B Ra
gan. trustee, to satisfy a State and county tax a.
ft- for his tax. as trustee, for the year 1869: Prop.
SJ,f O, 5taiS.L^0 ,OSa D «"“l’fnxCo?:
All that tract or parcel or land lying and being
in tbe city or Atlanta, known in the plnn of the
anrmy ol said city as tbo Southwest part of lot
No. 8. la Block No. l9.boinga part oTland lot
No. 77, in tbe 14tbdistrk' —* * —
now Follow eonnty, „ w ,
by Booth Forsyth street, on the East by city
Assignee’s bale.
W ILL be sold on tho first Tuesday in
next, before the Court House door nt Mc
Donough, Henry eonnty. in pursuance of an order
from the Conrt of Bankruptcy for the Nor*hern
District of Georgia, the Beal Estate of John Fry
er, adjudged a bankrupt. bci'iglSO acres more or
less or land adjoining Manson Stewart and Mrs.
Daily’s, in 7th District Henry county, Geo. Also
bouse and lots upon which said Fryer now resides
and 8 acres more or less on the Decatur road.half
a mile north lrom tho Court Uonse. Feb. 4 1870.
A. W.TUBNEB.
feb6w4t Assignee.
GEORGIA* Gwinnett County*
WEEKS after date applications.
made to the Court of Ordinary of said conn
ty, at the first regular term alter the expiration cf
four weeks from this notice, for leave to sell the
land belonging to tho estate of James Hall, late
of said county, deceased. Feb. 10,1870.
D. K. LYLE. Administrator.
feb20-w4w Printer's fee $5
HUNT’S IMPROVED COTTON SEED.
Price, Four Dollars per Bushel.
OFFCRforiaien few hundred buihcltormy
IMPROVED COTTON SEED, (warranted
genuine.) to be delivered in tucks at Sparta De
pot, at Four Dollars per bushel, cash.
Orders, accompanied by tbe cash (sent by Ex
press), may be seat at my risk, if a receipt is
taken for tbe money andtent tome. Orders will
be filled in their turn and tbe seed promptly
shipped, and parties notified by mail.
CERTIFICATES.
I hereby certify that I taaTe planted largely of
Hunt’s ImprOTCd Cotton Seed, and am satisfied it
will produce more than any I ever used. Far
more can be gathered to the hand.
B. G. LOCKET.
Etakta, Ga., December 10, i860.
I have seen the Hunt Cotton growing, for sever-
1 years put and regard It aa one of the very best
varieties of Short Cotton that I hare ever seen, I
shall plant tome or it another year, forthepnr-
— —“— ■- —’—qualities—this ’
rtaln a very favori
B.JT. HARRIS.
I have used the Hunt Cotton Seed the present
year, and am pleased with the result. It has
more lint to the quantity of teed, larger bolls,
holds fruit better during a drought, and its cot
ton during storms, and a band can pick more in a
day. I think every planter should at least plant
a part of bis crop with it. so he can piek out the
Prolific before it drops cut and let tbe Hnnt Cot
ton remain for the last. E. M. PENDLETON.
Sparta, December 11,1869.
We, the nnders’gncd, fully endorse the above
statements:
T. M. TURNER, Snarta, Ga.
G. W. STOKES. Wooten, Leo county.
JOHN PAYNE.
BANKS TOMKINS, Albany.
O.8. WOODWABO, Monroe county.
B. O. BANKS. Forsyte. Mon>oe county.
JOSEPH FREEMAN,Indian Springs.
O. L. WOODWARD, Indian Springs, Ga.
T. O. POWELL, MiUedgeville, 0 a-
J. L. WOODWARD, Georgia.
B. COLLIER. Macon.
WHIT THOMPSON, Leo eonnty.
W. E. BATTLE, cnlloden.
J.M. WHITE. Forsyth.
JEFF HOGAN, Forsyth.
J. HABKNES3. Jackson. Butts county.
JAB. BIVINS, Butler, Ga.
Be careful to write names of Consignees, Sta
tions and Post-offices, plainly, so as to avoid mis-
takes.
Address: WM. B. HUNT,
decl6-w3m Sparta, Gi
intvr S
prll,
the town ef Lawreneeville, Gwinnett aonn
... _corgla,onthe first Tnesd
be' wee a the legal hoars or s
erty, to-nlt:
irty-five acres of land, more or lets, off the
South corner of lot number seventeen (17) in the
sixth district of said county. The same sold ar
the property ofT. M.Chritsell to satisfy a Justi
ces’ Court fi. fa. in favor or W. A. Chrissell.
Property pointed ont by defendant. Levy made
and returned to me by A. A. Thomason, L. ’’
This February 91,1810
Alto, at the same time and place I will sellET7K
acres orisnd. more or leu, tbe same being known
as the Benefield place, and parts of lots unmbera
181 and 166. and lying In tho filth district of said
county, joining lands of Nathan Bennett ar'*
others. Th- said land is In two lots, to-wit:
acres claimed by Mrs. Serenoy Benefield, and
87K acies, one-seventh interest of said parcel of
Und, and belonging to Needham Benefield, and
levied on as the property of said defendants to
satisfy lonr J unices’ Court fi. fas. in faror or Jas.
k. Garrett, administrator of the cits to of Joel
Blackwell, deceased. Levy made and returned
tome by James Law, L. C. This Feb. 31,1810.
JAMES O HAWTHORN, Sheriff.
feb95-wtds Printer’s fee*3 60 per lory
GEORGIA) Campbell Couiityi
W HERE as. John T. Danginoand A. Austell,
executors of E. Hesih, deceased, represents
‘ filed nnd en
kindred and creditors, to show cause. If any they
can, why said executors should not be dischnrgcd
from their executorship, end receive letters of dis
mission, on the first Monday in March, 1810.
Given under my band and official signatnre,
Dec. 4th, 1869. B O BEAVERS, Ordinary.
dec5.w4m—printers fee *4 69.
GEORGIA) Gwinnett County.
W HEREAS. A. U and John W. Ncsbit, execu
tors ol the estate or Willlhm Nesbit
ceased, haying represented to thu Court in ti
petition Ibey have folly administered said estate
This is. therefore, to cite and admonish all
sons concert-ed, kindred and creditors, to i
cause, if any they can, why said executors should
tot be discharged lrom said estato on the first
Monday in February, 1110.
Witness my hand and official signature, this
November 8,1169.
JAMES T. LAMKIN, Ordinary.
nov4-w6m Printers fee 84 60.
GEORGIA) Gyyiunott County.
W HERE AS. Joseph P. Edwards, administra
tor on tbe estate of Thomas L. Watson
deceased, makes application to me for letters
dismlulon from said administration:
This is, therefore, to cite and admonish all sin
gular the kindred and creditors of said deceased,
to be and appear at my office on or before thi
first Monday in April next, to show cense,
ir any they can, why Letters of Dls ’ ’"
should not be granted the applicant.
Given under my hand and official signature,
this December 13. 1859.
JAMES T. LAMKIN, Ordinary
decl4-wGm Printer’s fee $1 60.
GEORGIA) Gwinnett County*
IKTHEREAS, E. M. Brand, guardian of Eliza
Vi both Cooper, formerly, now Elizabeth Bras
well, shows in his petition that he hu folly settled
with his ward and desires dismission from said
gua-dianshlp:
These are, therefore, to notify all persons con
corned to show cause if any they can within tho
time prescribed by law, wby letters of dismission
sbonld not be granted the applicant.
Given under my hand and official signature,this
February 1,1810.
JAMES T. LAMKIN, Ordinary.
feb5-w49d Printer’s fee $3
w
GEORGIA) Gwinnett County.
HEBEAS.J. T. Clower, administrator, and
—r E. Harris, administratrix, on tbe
.. m. C. Harris, deceased, makes appli
cation to me for letters of dismission from said
administration:
Tbit U, therefore, to clto aad admonish Ml and
•ingnl r, the kindred and creditors of said de
ceased, to be and appear at my office, on or before
the first Monday in April, 1810. to show cause, ir
any they hare, why letters of dismisiion should
sot be granted the applicants.
Given under my hand official signatnro, this
December 97,1869.
JAMES T.LAMKIN,Ordinary.
dec33-w4m Printers fee 84 60
building known as tha tirenvlile Mills. Levied
on u Ue property of U. E. Grenville to sat
isfy a State and ronnty tax II. la. for his tax for
SlrwWS- M”^8 T 1^0 intedOQ,b,JOha11 -
W. U HUB Ba 8D, Deputy Sheriff.
marS-wtds Printers fee *9 00 per levy
Campbell County Sberiff’e Sales.
W 1LL **• tae flretTnrsday in April
b\Yro B^Tt'^nse^r , |n h °S. , I SVn^f
”“ otr - G *’ the roUow -
une town lot in the town of Palmetto. Ivlar in
the fourth Range, according to the survey of said
town ,he,a, let number twenty (SO), com,mine
onr-flitbo’ araere. more or leu. Levied on af
the property or Sol,anon Z. Tatom. to satisfy a fl
fo ia laror or John Bailey, for nseof officers ol
Cnart against TaWmAJackson, with other fi.
tax in my beads. Property pointed ont by Bobt.
Also at the same time aad place, all that tract
ovtnirov'of‘a-d situated near Palmetto, known
u the Melggs Place, containing seventeen acres.
propertyorj. s Peterson.tosatlsfyone
fl fa. obtained from a Notary Publla’ Wrttcfd
la aad fir the 893. District, ti M.. ofCoM. 2u7r?
on the *Sth day ef January. 1870. fa faror orKik
W Johnson again.t said Peterson. ProSSty
pointed oat by T W Latham, plaintiff's site?
Bey Lory made and returned to me by M L,
Jackson. L.U March 6.1K0.
L. H. GRIFFITH. Sheriff:
Tiiater’s fee** SO per levy
E.
GEORGIA) (Hilton County.
OBBMAKT’S Omcx, March 9,1870.
J H 'NSABD. wife of George W. Hansard
nn applies lor exemption of personalty?
— g apart and valuation of hrmestead-1
3 11 pu- upon the tame on the 19th day of
Kirch. 1810.at 10 o'clock, a. X, in my office, in
Alpharetta. * . ’ “
• a. O.P. SKELTON. Ordinary.
mxrS-dlawit Printer’s fee ga
GEORGIA) Fulton Cennty •
OSSISABT’S Grricx, March 4.1870.
lee slat- at 10 O’clock, A. X. on the lfc
March, 1810, at my office
DANIEL PITTMAN. Ordinary.
marfl-dltaWIt Printers fee (9 60.
. . the town of Lawreneeville. Gwinnett
eonnty, Ga, on the fr.-st Tuesday in April, >870,
within the legal boats of sale, the following
property, to-wit:
tine store honsc, with dwelling attached, in the
town or Lawreneeville, Gwinnett county, G«..
thetame being town lot No. . and generally
known u tbe Sam Davis corner. Levied on a*
tbeproperty of Enoch Steadman, to satisfy a Slate
and County Tax fl. fa. timed by J. M. Pedcn, Tax
Collector of Gwinnett eonnty, against said E
Steadman, for his taxes for the year 1869. Prop
erty po nted ont by J. U I'cdrn, T.x Collector ef
'awlnnetteou ■
mait-wMs
EXECUTOR’S SALE.
B Y virtue of an eider from the honorable Court
or Ordinary or Morgan county, Georgia, will
be sold before the Court House door, ia the town
of Franklin, Heard eonnty, on tbe first Tuesday
in April next, between tbe usual hours of
sale, two hundred two and a hair acres, number
(51) Arty-ore, eleventh lllj dis-nctor Mid county.
Also, on the same day, will be sold before
tho Court House door in the town of
Canton, eonnty of Cherokee, lot No. eleven
(21). third district and second section, con-
Mining forty acres more or less. Sold as the
property of Littleton T. P. Howell, deceased, un
der an older of the Superior Coort lor the benefit
or the creditors. Terms cash. Dee. 94 1889.
L S, FANNIN, Executor,
marfi-w tds Printers fee 610
GEORGIA. Gwinnett County.
Obdinaby’s Office, Octobib 4,1869.
W HEREAS, Fanny Kirkland and 'Willisi
Kirkland applies to mo for letters or Admin
istrationon tbe estate of William Kirkland, de
ceased, late of said eonnty and State.
These are therefore, to cite aed admonish si],
and singular the kindred and creditors or said de
ceased, to be and appear at my office on, or before
the first Monday in November next, and show
canse, if any they have, why Letters of Adminis
tration, on the estato of said deceased, should noi
ho issued to the applicants.
Given under my hand and official signature, this
October 4th, 1869. J AMES T. LAMKIN,
oclC-w6m-printers fee $4 60. Ordinary.
DECISIONS
—OF THE—
S UPIIEME COUKT OF OICOKOIA
Delivered at Atlanta, Tuesday, Barehlo.
(SXFOBTED XXFBZSSLY FOB TUX COWTITTTIOK.BT
x. i. bax soso, srrszax com xiroitTZB.')
“ MMSDELL NORWAY OATS,”
Planter's of Georgia,
Hesitate no longer to buy the
“ NORWAY OATS,”
Now on tale by
MESSRS. W. M. & R. J. LOWRY,
Of Atlanta,
AND OTHER LOCAL AGEHTS IN YOUR 8TATE
T HOUSANDS who had an opportunity to sei
tho samules at the recent State Fair at M:i-
con. embracing many of the officials and Agri
cultural Clubs of the different counties, are buy
ing them, and will realize GO to ICO bushels to tbe
acre—the yield being In proportion to the soil and
preparation given. While those who sow the
common kind* will only grow 10 to 50 bushels
the acre, with all tho advantages that can
given to them. We arc authorized to *
Premiums of $50, $100 and $150
X2XT ca-OXiD,
Respectively, for the LARGEST YIELD from 2,
6 and 10 bushels purchased of any ouo of our
Local Agents in Georgia, and sown from 15th
Drcember to 15th February. Premiums to be
paid at the next State Fair.
LET EVERY PLANTER IN THE STATE
send in his order at ONCE as the supply is nix in
ishing rapidly, andcom»»ete for the premiums,
Address: HOUGH ft CHURcH,
General Agents for the Southwest,
Or, JAMES M. TOOLE,
Special Agent,
dec4-Wtf Knoxville. Tenn
GEORGIA, DcKalb County
Ordinary’s Office, March 8,1870.
C CHARITY C. YERDKREY, wife of P. S. Yer-
j derey has applied for exemption of person-
ty, and I will pass upon the same at 10 o’c'ock,
xnarl0dlt*w2t
_ „ , at my
J. L. WILSON, Ordinary.
Printers fee $2
Henry County Sheriff’s Sale.
April .
of sale, the following property, to-wit:
Two hundred two and a half acres of land, i
or less, known as the Walker lot, in Henry a
ty, Georgia, as Ihe property of Thos.D. wc
adjoining other lands of his, and near bis resi
dence, and bonnded on the East by lands of Bobt.
C. Chappell. Levied on as the
D. Weems to satisfy a fieri
Henry Superior Court in faror or John Newell vs
T. A. Adams, prinr’—’ ‘ 1
and T. D. Weems, _
ont by T.D. Weems, ono of the defendants. Terms
cash. March 9,1870.
WILLIS GOODWIN, Sheriff,
marl-wlds Printers fee £2 60 per levy.
GEORGIA, Gwinnett County*
W HEREAS. Elisha Chamblee. administrator,
and Elizabeth Johnson, administratrix, on
tho estate or James J. Johnson, deceased, makes
application to me for Letters of Dismission from
said administration.
This is, therefore, to cite and admonish all and
singular, the kindred and creditors ot said de
ceased, to be and appear at my office on or before
the first Monday in January next, to show cause,
if any they have, why letters should not he grant
ed tbe applicant.
Given under my hand and official signature.
Sept. 13th. 1669. JAS. T. LAMKIN,
seplO w6m-printer’sfee,64 Ordinary.
GEORGIA, Fnlton Connty*
Oedinabt’s office, Mabce 1,1870.
K S. SHERIDAN has applied for exemption
• of personalty and setting apart and valua
tion of homestead, and I will pass upon the same
at 10 o'clock A. n., on the 10th day of March,
1370. at mv office.
DANIEL PITTMAN. Ordinary
ma>3-dlt£w2t Printer’s fee $9
DcKalb County Sheriffs Sales.
rXTILL be sol-l before the fonrt House door...
IV the town of Deeatnr, DcKalb county, Ga.
on theflntTncsdavin May next, within the legal
hours of sale, the following property, to-wit
The two places fronting on the East side Pa
Square, in the town of Decatur—one the corner
on which is situated the store onccoccnpied
lot, on
byBliJ
lag No
«n place, and now occupied bj Robert U
Brown; all being town lots numbers ten0<l),
eleven ill), twelve (19) and thirteen (’3), the • a
places occupying all the land town iota South of
B. Mason’s Brick Store Lot to Covington street,
and extending back from Public Square to street
running foem J. W. Kirkpatrick’s shop to Depot
Street. The corner lot and house now occupied by
£- B. Presley and Turner Evans. Levied on as the
property or Robert U. Brown, to satisfy one
Mortgage fl ra issued from DeKalb Superior
Court in favor of Moore ft Marsh vs. R. M. Brown.
Property pointed out by fi. fA This Fen. It 1870.
JAMES HUNTER, Deputy Sheriff,
marl-wtds Printer’s fee fl8 00 per levy
Fheli Connty.
Or 01 ****’? Office. Mar. 7. ISO).
>UR WEEKS alter date application will be
made to the Court of Ordinary of said county.
--” ”— ■—a-»—• *—-- the estate c
the widow’
This March 7th. 1370.
Ad’mroi Jas. M. Cantrell. deccasmL
mar9-w4w Printer's fee £3
NOTICE.
mOLLED before me. as an estray, on the 16th
X day of March 1870, by J. J. Hulsey, of the
686th District. G M . c-f DeKalb county, Ga, one
red brlndle cow, about 19 years old, lame in right
hind leg, brass nnb on lert horn, crop in each ear
S3 two slits in right ear. Appraised by W. L.
Williams and J. M Johrson. freeholders of said
district to he worth six dollars, and that Jit is
worth IS cents per day to keep her.
The owner is hereby notified to appear before
mo, prove property, pay costs and expenses and
take her’away, or she will be sold on the premises
of said J. J Hulsey, about 6 miles south of Deca
tur, on Friday, the 96th day or March. 1810.
*■ £ WILSON. -Ordinary.
marlT-dltftwlt
Printers fee f9
SPRING- HILL COLLEGE,
Near Mobile, Alabama.
T HI3 institution, which was destroyed by liro
last February, being now rebuilt, will open
its cession on thc7th of December next. The terms
fbr the present session, payable half yearly in ad
vince in currency, are as follows:
Board, Tuition, washing and Stationery $270
Entrance Fee, first year only "*
Medical Fees -
Bed and Bedding. If furnished by College 14
For references and circulars address the Presi
dent of the College, at spring Hill. Ala., the Rev.
Clergy at Mobile, the College of the Immaculate
Conception, corner Common and Baronne streets,
or P. PODBSINE. Agent,
n*ov20-wCm SC N atchez street, Ke w Orleans.
>6248:626
Tiuiej\t St
~ PHs
Fcr Put# Water, «s
this celebrated Pump,
entirely tasteless,
durable and relia
ble: equal to the
good old-fashioned
wooden Pump, and
costing less than half
the money. Easily arran
ged so as to bo non-freezing,
and In construction so simpls
that any one can pot It o? and
keep ilia repair.
THE BEST AED CHEAPEST PUMP NOW HADE.
IEETTUDSOUnT IHIOTTSIE
JONESBOKO, GA.
BY IV- G. HUDSON.
When yon come to Jonesboro* call at tho Hud
son llou'C. near the Depot and Livery Stable,
where good meals can he bad at GO cents,
mayll wtf
Valuable Land for Sale.
T TING in Campbell county. Ga, five miles west
1 int Fairbura, end five miles from Palmetto, and
six miles ftom Campbcllton, consisting of 430
acres. About 115 acres of e'eared land, good
dwelling bouse, etc. 80 or 40 acres of good bottom
land, all in a good state of cultivation, which I
will sell low for cash at private sale, and if not
lid before the 1st Tuesday in December next, I
ill sell the same at public outcry before tbe Court
_on-e door in Campbell ton. on said promisee
there Is a rood Tan Yard, Gin House, Mill. etc.
octsi-wtr G.W.TOBBEKCB.
GEORGIA) Campbell County.
OBDIHAKY’S OFFICE, MAB. 8,1810.
J OSEPH H. BURSON has applied for exemption
of personalty, and setting apart and valuation
or homestead, and I will pass opon tho same at
11 o’clock. A. M., on the 22d day of March, 1870,
at my office in Oampbellton, in said eonnty.
Given under my hand and official signatnro
B. 0. BEAVERS, Ordinary.
mar9-dltftw9 Printer’s iee S2.
John Ard Is, Trustee, plaintiff in error, vs.
J. J. Printup, administrator, et. al, de
fendants in error. From Gordon. Equity,
etc.
BROWN, C.J.
1. Ante nuptial contracts in considera
tion of marriaze to be solemnized, like
wills, should be liberally construed to carry
into eiiect the intention of the parties.
2. The rules of grammatical construction
usually govern, but to effectuate the in
tention they may be disregarded and con
junctions substituted for each other.
3. An express trust may depend for its
operation upon a future event, and is then
contingent trust.
4. In this case, the intended wife, with
the consent of the future husband, convey
ed her property to a trustee for the joint-
use and maintenance of both husband and
wife, for and during their joint lives; the
property to be under the control and man
agement of the bnsband, but not to be in
any manner liable for his contracts: then
to tbe survivor for and daring his or her
natural life, and in case of the hnsband’s
survivorship, there being issue, to remain
under b is management during his life, then
to vest in and become the property of the
child or children of the wife, the issue of
tjie marriage, living at the time of tho death
of said survivor. But if there be no issue
of said marriage, or if such issue ahull die
in the life time of such survivor, without
leaving issue alive at the time of the death
of said survivor, said survivor shall take an
absolute estate in said property. And if
the said wifesOrvive the husband and mar
ry again, and at the time of her death there
be issue of the present contemplated mar
riage, and also issue of any such subsequent
marriage then living, tbe issue ot such
marriage shall take an interest in said
property in tho same manner, and to the
same extent, os if it or they were tho issue
of the first marriage. And in a subsequent
part of tbe deed it Is declared that ** if at
any time hereafter it shall be deemed advis
able or necessary by said husband and wife,
or the survivor of them, the said trustee,
with the written consent and request of the
said husband and wife, or tbe snrvivor oi
them, may sell, exchange or otherwise dis
pose of all or any partof said property, but
the proceeds of such sale, exchange or oth
er disposition, and the increase thereof,
shall be held subject to the uses and pur
pose herein before mentioned.
After the marriage had been solemnized,
the husband died, leaving no issue by the
wife. She afterwards married egaiD, and
had two children by tbe last husband:
Meld; That the scope and spirit of the
marriage settlement embrace the children
of the second marriage as beneficiaries,
though there were no children of the first
marriage, and that the trust was not exe
cuted at the death of tbe first husband; but
the trustee still held the legal title for the
wife during her life, with contingent re
mainder to euch children as might be tbe
oilspring of the second marriage, which be
came a vested remainder on the birth of
such child or children.
Judgment reversed.
W. H. Dabney, W. Akin, for plaiutiff in
error.
Printup & Foucbe, II. Buchanan lor de
fendant.
? n °.?\ er Courtamending the confession
by tilling the blank with the sum for which
tue judgment had been signed, will not
create a hen on property purchased from
the defendants bcma fide prior to the dato of
such order. The record in such case was
only notice of what it contained, and was
not notice that there was any legal judg
ment against the defendants, or any Hen
upon their property.
J udgment reversed.
W. Akin, Dodson & Payne, for plaintiff
in error.
A. J. Hacket, by W. H. Dabney, for de
fendant.
A. Stephenson, plaintiff in error, vs. The
State of Georgia, defendant in error.
From Bartow. Indictment for Misde
meanor.
BROWN, C. J.
It is error in the Judge of the Superior
Court, in any case, civil or criminal, or in
Equity, during its progress, or in his
charge to tho jury, to express or intimate
his opinion os to what has or has not been
proved, or as to the guilt of the accused-
judgment reversed.
W.T. Wofford by W. H. Pritchett, for
plaintiff in error.
C. E. Broyles, Solicitor General, by the
Reporter, Cox & Wikle, for defendant.
W. J. Hood,administrator,vs. Elisha Town
send. Complaint. From Towns.
WARNER, J.
When a note was executed on the Sth of
July, 1861, and a suit was instituted there-
).
Meld: That it was a Confederate contract
within the provisions of the Ordinance of
1S65, and that the Court below erred in not
giving that Ordinance in charge to the j ury,
as the equities of the parties were to be
regulatea and adjusted by that Ordinance;
that the charge of the Court as contained
in the record, in view of the facts of this
case, was error.
Judgment reversed.
John S. Fain, H. P. Bell for plaintiff in
error.
W. T. Crane for defendant.
Andrew Howell, et al. plaintiff in error,
vs. George A. Gordan, et al. defendant in
error. From Lumpkin. Claim, etc.
BROWN, C. J.
1. In a claim case, it is not necessary for
the plaintiff in fi. fa. to prove the levy, and
the bandwriting of the sheriff on the trial.
Tbe sheriff’s official entry on tbe fi. fa.
that he has made the levy is sufficient evi
dence of that fact, and the Court will re
cognize the genuineness of his signature
to the entry, as be is an officer of the Court,
without proof.
2. The courts of this State, have no jur
isdiction to render a valid judgment
against a citizen of another State, in a
common law action, unless lie has been
within the limits of this State, and lias
been served with process while in this
State. And a judgment confessed by the
agent of such non-resident citizen, who
has never been served in this State, would
not bind third persons. And if it is levied
upon property claimed by a third person,
he may deny the validity of the judgment
on ttio ground that the Court had no juris
diction of the person of tbedefendanc.
3. Where an agent was appointed in this
State, by a non-resident person to look
after, or act as agent for certain lots of
land, witli no other, or general powers, and
an attachment was issued againstsaid non
resident owner, and levied upon said lots,
the agent by virtue of this authority, was
not authorized to confess a general judg
ment binding upon said defendant in at
tachment.
4. The war revoked the agency of a citi
zen of this State, in tills State, for a citizen
of Massachusetts, which existed when the
war commenced, without any act of revo
cation or renunciation by tbe parties.
Judgment reversed.
Weir Boyd by Hillyer & Bro., for plain
tiff in error.
W. P. Price for defendant.
Fulton IS^Po-PonedoNHcrlH’s j vUilliam Little, platoliff in error, vs. Wil
ILL be fold before the Conrt House door, in “^Meadows,*. aUdefendant in error.
BROVVN, cf J.' PPea ’
W tlie city or Atlanta. Fulton county. Geor
gia, within tbe lawful hours of sale, the foliow-
A pmrtof^landTot No IS. In tho 141U district of
originally Henry, now Fulton eonnty, tia. The
part so levied on is inWard 6. situated on the
cornerof Marietta and Peachtree streets, city of
Atlanta, known asKllc’a corner; said lot is ’*
feet on f’cachtrce street, and 60 feet on Mariel _
street. In said city; on said lot there Is a two-
story brick store-house, occupied by Wm. Powers
ft Sons, as a Grocery Store. Levied on as the
property of Tbomxs Kilo, by virtue of and to sat
isfy a fl. fa. issued from Fulton Superior Court, in
favor of John audG. W. Collier vs. Thomas Kilo,
and Thomas Kile, administrator of O. G. Kile,
deceased. Property pointed eut by John COliler,
January 31, 1870.
A part of land lot No 76, In the 14th district of
originally Henry, now Fulton county, Ga. Th#
part so levied on is In ward 8, block 41, and is on
the corner or Fonnwalt and Jones street, city of
Atlanta, adjoining or J B Ragan and John C
Whitner, containing 8-8 of an aero, more or less.
Said property is occupied by Robert Humphreys,
levied on as the property of R W Tnrnlpseed by
virtuo of and to satisfy a fl fa issued from Fulton
Superior Court, in favor or J D Crawford vs B W
Turnipsecdand LevlTurnipsccd. Pro. erty point
ed out by M Arnold, plaintiffs attorney, January
*8,1870. , , ,
Also, at tho same time and place, a pai.„.
lot No 73. In the 14th dlttrict of originally Henry
now Fulton county, Ga The part k> levied on is
Inwards, and Is a part of city 1st 63. having a
front on Peachtree street (49R) forty-two and one-
half feet, on Marietta liny leet, more or less, in
the city of Atlanta On said lot is a two-story brick
store house, occupied by defendant as an Auction
House. Levied on ns the property of Thomas
Kile, by virtue or and to satisfy a fi ra issued from
“ •' '.orConrt,lnlavorof Geo. W. Beed
imas Kile, surviving partner of T. ft
O G Kile. Property pointed out by Hammond ft
so and place, a part of land
i dist. of originally Henry,
a. The part so levied on is
Also, at the samo time and
lot No 77. In the 14th <J'-* -
now Fulton County, Ga
in Waid No. 2. Block No. 98. situated on the South
East cornerof Whitehall and Garnett streets, city
of Atlanta, adjoining the residence or John
Byan, containing one third of acre, more er less;
on said lot is a two-story brick dwelling. Levied
on as the property of T. D. Lynes, to satisfy a
State and countar tax 11 to. tor bis tax, as trustee,
for theyear 1809. Property pointed out by John
M. Uarwell.T C. This January 1,1870.
A part or land lot nnmber seventy-seven.
In the fourteenth district of originally Henry,
now Fulton < ounty, G A The part so levied on is
in Ward No. 1, Block No 8 >. bounded on the East
' South Forsyth street, on the Sontb by Branch
u ey and is in the cornerof said street*. < on tain-
ing j» acre, more or less: on said lot is a large
new wood bui’dlng, being erected for a Mill.
Levied on a) the property of C. E. Grenville, by
virtue of and to satisfy a fl fa. Issued from Ful
ton County Court in favor of Albert Vansycle ft
Co vs. C. E. Grenville. Property pointed ont by
B F.Hoge. plaintiff’s attorney. Jan 89,1870.
° - vv. L. HUBBARD, Deputy Sheriff.
mni9-w4w Printers feo §8 50 per levy
■VT7ILL be sold before the Conrt Home door in
V V the town of Decatur, DeKalb county, Ga. ou
he first Tuesday in April next, 1810, within
tbe lawful hours of tale, the followingiproperty to-
W oie hundred and two fl09) acres of land. West
half or land lotnumbcr thirty-lour (34) in the 18th
district of 0riglnall7 Henry, now DeKalb conn
ty. Levied on as tbe property of the Shoe Manu
facturing Company, New Orleans, to satisfy one
fi. fA issued from the DeKalb Superior Court.
September Term, 1869, in action on attachment in
favor of M. ft O. Winningham vs. The Shoe
Manufacturing Company of New Orleans. Prop
erty pointed out in 11. fA This the 4th day ol
Much. 1S70.
JAMES R. SMITH. Sheriff
rnar8-wtds Printer’s fee {2 50.
THE IMWIEL CORNER.
N. R. FOWLER, Auctioneer.
S IT virtne of an order from the Superior Conrt
t ot Fnlton county, will bo sold before the
nrt Home door. In the city of Atlanta, onTucs-
55 feet on Alabama street; extending back on
Broad 76 feet. We will sell No. 1. the corner,
fronting 9SK leet and then So.*, with that SUB
STANTIAL TWO STORY BRICK BUILDING,
known as the New Bra Building. Terms cash.
Titles correct
JOHN B. WALLACE,)
CHAS. collier, > CommlMion’ra
N. R. rOWLER, >
aaridUtftwtt
Prior to the adoption of the new Consti
tution, an appeal lay from the verdict of
a petit jury to a special jury, on an issue
growing out of a proceeding under sec
tions 4,000, 4,001 and 4,002 of the Code to
expel an intruder.
Judgment reversed.
Weir Boyd, by Hillyer & Bro., for plain
tiff in error.
H. P. Beil, Welborn & Fain, S. C. John
son for defendant.
A. Kilgore, plaintiff in error vs. R. T. Beck,
. et. al., defendant in error. From Mur
ray. Equity.
BROWN, C.J.
I. When the head of a family applied to
the Ordinary by petition to have a home
stead set apart for bis family under section
2013 of the Code, accompanied by a sched-
uleof bis property; and the land was sold at
Sheriff’s sale, pending this application, the
purchaser at such sale with notice that such
application was pending, took the property
under section 2018 of the Code, subject to
tbe incumbrance of the homestead when
properly laid off.
2. If the purchaser Is proceeding to have
the Sheriff turn ont the family and put him
in possession, and the head of the family
has acted In good faith, and with seasona
ble diligence, for the purpose of having
the homestead laid off, this will, under sec
tion 3153 of the Code, authorize the Court
of Chancery to interfere by injunction to
restrain tbe eviction, till tbe parties can be
fairly heard, and their rights adjudicated
And if the Chancellor, under a misappre
hension of the iegal rights of the family,
has disolved the injunction, and directed
the Sheriff to proceed to turn the family
out of their home, this Court will interfere
and control the discretion of the Court be
low, and require tbe injunction to be re
tained till the bearing.
Judgment reversed.
W. Luffman, Johnson & SIcCamy, for
plaintiff in error.
J. A. R. Hanks, D. A. Walker, for de
fendant.
George W. Jenkins, plaintiff in error, ve,
James D. Temples, defendant in error.
Fropi Murray. Case.
BROWN, C. J.
I. While contracts in general, in restraint
of trade, are against tbe policy of tbe law,
and wilt not be enforced, it is iegal to con
tract, that one party, for a valuable con
sideration, will not, for a time specified in
the contract, carry on a particular kind of
trade in a village, or at a particular lo
cality, and tbe Courts will entertain an ac
tion for damages for a breach of such con
tract, and it iserror in the Conrt to dismiss
the plaintiff's action on tbe ground that
the damages are too remote, or that no
specified sum was agreed npon as stipu
lated damages.
Judgment reversed.
B. J. McCamy, W. Luffman, W. W. Ged-
dens, for plaintiff in error.
J. A. W. Johnson, A. Farnsworth, for
defendant.
Mary A. Lea, et. al., plaintiff in error, vs.
Presly Yates, defendant in error. From
Catoosa. Claim, etc.
BROWN, C.J.
A confession of judgment for the sum of
with interests and costs of suit, is
not sufficient to sustain a judgment signed
up for a specific sum as principal, with in
terest, etc, as tbe shape of tbe confession
shows that tho parties had not agreed upon
the amount with which the blank was to
be filled, or bad, for some other reason, neg
lected to fill it. Such judgment takes no
G.W. Howser vs. W. T. Evans. Award
and relief. From Catoosa.
WARNER, J.
When the parties submitted certain mat
ters in controversy between them to arbi
tration, and the arbitrators made an award
against one of the parties for tbe sum of
two hundred and eighty-seven dollars and
fifty cents in gold, which award, was made
the judgment of the Court. After the pas
sage of the Relief Act of 1368, the defend
ant made a motion iu the Court to open the
judgment under the provisions of that act,
which was allowed, and on the trial of the
issue formed thereon, tho jury, after hear
iog the evidence on both sides, returned :
verdict in favor of the plaintiff for the
sum of three hundred and ninety-eight dol
lars and fifty cents principal, and sixteen
dollarsaud seventy-eight cents interest;
whereupon the defendant moved for a new
trial on the ground that tho verdict was
contrary to law, contrary to tlte evidence,
and strongly and decidedly against the
weight of the evidence, and the principles
of equity and justice; and against the
charge of the Coart. The motion for ~
new trial was refused.
Meld: That as there was no error alleged
to tho charge of the Court that the verdict
of the jury was right under the law, and
the facts of the case as shown by the rec
ord. and that the motion for new trial was
properly overruled.
Meld further; That this is a proper case
in which damages should be awarded as
provided by the 4,221st section cf the Code.
Judgment affirmed and damages award
G. W. Bruce, E. F. Hoge, for plaintiff in
error.
Dodson & Payne for defendant.
Reucl Edwards vs. Simeon Daly. Trover.
From Catoosa.
WARNER, J.
When it appeared from tlte record that
an action of trover, for the recovery of a
horse, was pending in the Superior Court,
and that in March, 1SC8, a military order
was issued by Gen. Meade, ordering that
the suit should be dismissed by tiie Court,
but the order was not produced in Court,
though the Sheriff swore that he had re
ceived an order in substance as above
stated. There had been two tcrni3 of the
Court held since the order was Issued; at
the first term thereafter, the defendant was
in Court, and continued the case on ac
count of the sickness of one of his counsel
having in in his possession an official copy
of the military order at that term of the
Court. At the next term ot the Court, the
case was continued by tbe defendant on
account of his own sickness, at which term
one of his counsel had the order in his
possession, but at neither term was there
any motion made to dismiss the case; nor
was the order brought to the attention of
the Court. It was also shewn to the Court,
that both parties had subpained witnesses
and prepared the case for trial at the pres
ent term of the Court, when, on motion
the presiding Judge dismissed tlte case:
Meld: That inasmuch as the defendant
failed to produce his military order to tbe
Court, and move a dismissal ef the ease,
until after the restoration of civil authori
ty in tbe State, but proceeded to continue
tbe case from term to term, and put the
plaintiff to the expense and trouble of pre
paring the same for trial, that it was error
In the Court below in dismissing tbe plain
tiff’s case at tbe last term of tbo Court, at
the plaintiff’s cost, on motion of the de
fendant, under the military order issued
in 1S68.
Judgment reversed.
Dodson & Payne, E. F. Hoge, for plain
tiff in error.
G. W. Bruce, for defendant.
John Brakebill vs. Alex. Leonard, et. al.
Case from Murray.
WARNER, J.
When an action was brought by the
plaintiff against the defendants for wrong
fully- depriving him of a mule nnd seven
teen gallons of syrup in the year 1861, and
the defense set up was, that the defendants
took the property from the plaintiff when
actiDg under orders of the officers of tho
Confederate military government, and the
Court dismissed the case on its own mo
tion. without giving the plaintiff an op
portunity tb go before the jury aud have
the question of fact tried by them, whether
the defendants were at the time of tbe seiz
ure of the property ftona fide acting under
military orders or not.
Meld: That it was error in the Court to
dismiss the plaintiff’s case in the manner
stated in the record, that the Court shoulu
have submitted the evidence to the jury,
and charged them as to the law applicable
to tbe facts proved on the trial.
Meld, also: That the certified copy orders
of the military autlioritiea of the Confed
erate State were properly admitted in evi
dence on tho trial of the case.
Judgment reversed.
R. J. McCamy, W. Luffman for plaintiff
in error.
J. A. W. Johnson for defendants.
mortgage debt; and the prayer of the de
fendant In his motion was, that this latter
sum might be set off against the plaintiff’s
demand, and in tbe meantime that all pro
ceedings be stayed until there could be a
UeariDg of tbe case. The Court granted
the order as prayed for, suspending all fur
ther proceedings until the further order of
the Court.
This was the state of things-when the
Constitution of 1S6S was adopted, denying
to the Courts of this State jurisdiction, or
authority to try, or give judgment on, or
enforce any debt the consideration of which
was a slave or slaves. The court below de
clined to take jurisdiction of tbo case for
any purpose whatever, but left tbe parties
just as they stood in regard to their respec
tive rights when the Constitution ot 1863
was adopted. Both parties eicepted to the
decision of the Court.
Meld: That, under tho former ruling of
majority of this Court in regard to debts,
the consideration of which was a slave or
slaves, the judgment of the Conrt below
was right, and should be aflrmcd.
Judgment affirmed.'
A. T. Hacket, C. D. McCutcldii, D. A.
Walker for plaintiff In error.
W. H. Dabney for defendant.
Jonathan Blivins vs. O. C. Johnson. Bale
against the Sheriff. From Dade.
McCAY, J.
When property is levied on to satisfy a fl.
fa, and Wore the sale the defendant ap-
>lies to the Ordinary, nnder the Act of
863, for a homestead in the property levied
on, the property is subject to the home
stead, and it it is sold, with notice of the
application, tho purchaser buys it with that
incumbrance upon it.
When aSheriffhad levied upon land.and
before the sale the defendant notified him
that subsequently to the levy ho had ap
plied to the Ordinary for a homestead in
tlte same, and the Sheriff was satisfied that
Clio application was made in good faith,
and, after seeking legal advice, ho postpon
ed the sale, and it appeared that subsequent
ly, in pursuance of the application, ail tbe
land was set apart, as a homestead, for the
family of the defendant, under the statute:
Held, That whilst it was the duty of the
Sheriff to have sold the land subject to the
homestead, yet, as the proper course for
him to pursue was under the Act of 1S63
very doubtful, no construction or the new
policy of the State, on the subject of home
steads, having then been made, and it hav
ing been affirmatively made known to the
Court that the Sheriff had acted In good
faith, It was error in the Court to hold him
liable for the plaintiff’s debt, in a rule
against him for contempt In not obeying
the process of the Conrt.
Judgment reversed.
J. A. W. Johnson for plaintiff.
D. A. Walker for defendant.
Nathan N. Baxter vs. Nathan L. Aber
crombie. Complaint. Front Gordon.
Brown, C. J. did not preside in this
cause.
Warner and McCay. J. failing to agree
THI CONSTITUTION.
ATLANTA, GEORGIA, MARCH 22.
SOMETUltlG NEW.
To the Author of eomctMng .Vru.
For Tbo Constitution. 1
•If! well to ask, and well to plead.
Bnt what it new to this wise race t
That questions quickly rise
Which servo to complicate the case.
Does not at aU aarprtse.
Since In this world of varied chance
There’s no *qna! division.
Of education’s tolly range
Of thought, Ideas, and vision.
What’s new to ns. Is oM to you.
Perhaps, If in Life's chances,
Uro ml views have been vouchsafed to yon
Ot what «s‘m had hut glances.
Why. I thought “ Woman's Rights ” quite new,
lou’d have ns think, now. mmv be.
_ - t'd have ns think, now. may be,
Onr Mother Kvo (perhaps ’Us true)
Had Adatn mind tbs baby,
John D. Field, administrator, vs. James B.
Sisson, et. al. Illegality, etc. From
Lumpkin.
WARNER, J.
When an affidavit of illegality had been
filed to an execution, and the questions of
illegality involved therein had been finally
adjudicated by this Court:
Meld, That such adjudication was con
clusive upon the rights of the parties in
that case:
Meld, further. That the party making
such affidavit of Illegality, nor his legal
representative after bis death, could not.
by a motion to set aside the execution and
judgment for tbe same causes embraced In
the affidavit of illegality, or which might
have been embraced therein, bo heard to
vacate or set aside said execution and
udgment, the more especially after the
apse of several years since the rendition
of the same for causes which may have ex
isted prior thereto.
Judgment affirmed.
Weir Boyd, R. A. QaUlian, by Hillyer
& Brother, for plaintiff in error.
H. P. Bell, w. P. Price, for defendant.
Thos. T. Napier vs. Michael Dickson. Equi
ty. From Gordon.
, J.
WARNER,
When, in 1853, N sold to D certain negro
slaves for the sum of $7,000 00, $2,000 00 of
which was paid at the time of the sale, the
purchaser giving his promisory notes for
the balance due, at one, two,three, and four
years after date; to secure the payment of
which D executed to N a mortgage on real
estate. In November, 1865, that mortgage
was foreclosed for the sum of ?5,000 00 prin
cipal, and $2,685 25 interest. At the Hay
term of the Court, 1866, the defendant ap
peared in Court and made a motion to have
said judgment of foreclosure opened and a
new trial had, on the ground that the de
fendant thcreiD was unavoidably absent
from tbe Court at the time said judgment
of foreclosure of the mortgage was ren
dered, as provided by the Ordinance of 1865,
that the plaintiff was indebted to the de
fendant in the sum of $3,000 00, besides In-
tbo judgment stands affirmed.
\V. u. Dabney for plaintiffin err.ir.
D. A. Walker for defendant.
Yahhoola River and C. Creek Minins Co.
vs. Henry Irby. Trespass. Lumpkin.
McCAY, J.
A recital in a deed that the parties mak
ing it arc heirs at law of a former owner,
is no evidence of the fact recited, except
as against parties lo the deed and their
privies.
In an action of trespass for cutting tim
ber from off vacant land, the plaintiff must
prove a good title iu himself.
In showing title by an administrator’s
deed, the order of the ordinary, granting
leave to sell, must be produced. It is not
sufficient that it is recited in the deed.
In an action of trespass for cutting lim
ber on vacant land, when it is proven that
the defendant, in good faith, believed it
was his own land, the verdict, if for the
plaintiff, onght to be only for tbe actual
damages proven.
Judgment reversed.
Geo. D. Rice, by tbe Reporter, for plain
tiff in error.
W. P. Price, R. A. Quillian for de
fendant.
James Buchanan vs. James McDonald.
Rule vs. Sheriff from Murray,
McCAY. J.
Id an issue formed by tbe plaintiff in a
rule against tho Sheriff, controverting tbe
truth of tbe Sheriff’s return, the burden of
proof is npon the plaintiff, and he has a
right to open and conclude the argument
before tbe jury, and it is error In the Court
to give that right to the Sheriff.
Judgment reversed.
B. J. McCamy, for plaintiff in error.
J. A. W. Johnson, for defendant.
Absalom Graham vs. A. Clark. Relief.
From Catoosa.
McCAY, J,
To sustain a plea under tho Relief Aci of
1868, it most appear that the loss which the
defendant claims, as an equitable ground
for reducing the plaintiff’s claim, was in
some way the fault of the plaintiff.
Judgment reversed
. A. T. Haokett, J. A. W. Johnson, for
plaintiff in error.
Dodson & Payne, for defendant,
Elizabeth A. Taylor vs. Carroll A. Cloud
et. al. Equity. From Catoosa.
McCAY, J.
It is a good ground of demurrer to a bill
filed to set aside a fraudulent deed to laud,
and praying the possession of land, that it
is not filed In tho county of tho residence
of the defendant; and it docs not help the
case that it is filed in tbe county in which
the land lies, and that the tenant of the
principal defendant, which tenant lives on
the land, is also made defendant, If no sub
stantial relief is sought against said ten
ant.
Judgment affirmed.
Hoge & Spray berry, for plaintiff in er
ror.
W. Akin, for defendant.
John Crawford vs. D. S. Cantrell. Equity
from Gordon.
McCAY, J.
When a sail was brought in 1861 against
a principal and security, and the security
had a good defense, but by reason of his
attorney having gone into tho army, and
by reason of the principal having also
gone into the army, the said security rested
under the belief that tbe case would not
be tried, and judgment was nevertheless
taken without tho knowledge ot the secu
rity;
Held. That a Bill in Equity for a new
Since ladles think 'ti* iil .in
That Kootm excell In denato.
And man In ralttoy Cain.
Well, since yon don’t like “ Woman's Rirt,u •>
And find them tnc.h a lure.
Bat rather take to •• awful sights.”
And subjects that are more
Congenial to a woman’s heart
Which craves naught that Is crnel.
And only wants the many nart
Of the last dreadful ’’duel.”
now trUndidty Jack foucht Flu James.
And shot him thro* and thro’.
Which helps to show nine -ulvcdid o.’mt
Young men can hare in view.
"ISlopements!” oh! they read so nice;
Suppose we try the real)
Fehaps that better wraid euffl--a
To ptiitso your high ideal
Of whit's the very tpier of lire.
And thus onr part wunhi do
In ail this juui-nalistie. stri-'e.
To Inml,h - ”Something AVtc '*
Madison. Ga.
BY TKLKOKAPH.
Spcncer’rt Spcccli on Ivu-klux
Outrages.
Sawyer Favors Bi:igii:u*i’s Amend
ment.
Special Telegraphic Cor. of Tho UoosUtntlon. I
Washington. March 17.
Senator Spencer to-day read a speech
on Ku-Klux outrages in Alabama and
Georgia, without touching practically on
the question.
Howard spoke against tin* Bingham
Amendment, but was put licra do combat
by questions from Tniuiimll. KJntondaand
others.
Sawyer followed, ami favored tho amend
ment. He Imd been convicted among Bui-
iockitcs.
Questions asked by Scburz indicated bis
endorsement of the amendment.
Tho situation.looks more hopeful.
Abgcb.
ASSOCIATED PBESS DISPATCHES.
Washington, March 17.—It is officially
estimated by Internal Revenue Supervisor
Presbury, that the collections from tlte to
bacco tax in Virginia, for the present fiscal
year, will reach one and a quarter million
dollars. Ho reports the prospects ot trade
for the coming season as flattering.
It is expected that tho Sau Domingo
treaty will bo considered in Executive ses
sion on Wednesday next.
Dispatches from various points North,
report a heavy storm of snow, rain and
wind.
The Senate confirmed Luther Lee. Col
lector of Customs, at Norfolk; Daniel Tur
ner, at Alexandria; F. J. Bromberg, Post
master at Mobile.
In the Senate, the House bill abolishing
the franking privilege was made the spe
cial order for Tuesday next
The resolution favoring the open discus
sion of treaties for foreign annexations,
was referred to the Committee on Foreign
Relations.
Considerable discussion was had on the
resolution looking to the equal distribu
tion of Government patronage in Wash
ington. Several Se.nators deplored the ap
pointment of young men to office here, aa
having a tendency to ruin them for use
fulness.
A bill wa3 introduced amending the con
sular and diplomatic arts. It authorises 11
Consuls General, 146 Consuls. 21 Vice Con
suls. and 4 Commercial Agents.
A bill was introduced to concentrate the
Indian tribes nmlcr one Trrritorinl gov
ernment.
The Georgia discussion was resumed, but
without a vote.
In the House, Platt, of Virginia, asked
leave to introduce a resolution requiring
the Reconstruction Committee to Inquire
into the constutitionalityof the enabling
act of Virginia, by which the ritnte offices
can be vacated and vacancies filled by tho
Governor.
Brooks objected, saying the State had
already been reconstructed.
Platt said it needed it again.
The House rejected the resolution to ex
pel Butler, of Tennessee, for an alleged
Otdeisale. The vote being 102 to 68;a two-
thirds vote required. A resolution to cen
sure Butler was adopted unanimously.
The House considered the tariff MR.
t3T Don Piatt writes: “It is said that
Senator Revels has given ten hours a day
to the study of fiumucr, with intermission
only for the callsof nature; and it is furth
er reported, but I do not vouch for It, that
Senator Ciiawls contemplates taking his
colored brother to hi* domestic circle, to
restore the lost happiness felt there so
long.”
isroxxcjB.
rjIULLED before me ns an corny on the 19.1
lien or the property of the defendants, and terest which should he credited on said
Fact.
A Tennessee Court is listening to three
hundred love letters which are being read
in abreach-of-promlse case.
The Lynchburg Republican says that
there has been a decrease in the white pop
ulation of that city since the election in last
July.
The insurance law Just passed by the
Kentucky Legislature, requires companies
which have not made deposits in their own
States, to make them in Kentucky.
A second edition of Frazer’s Magazine,
caused by the great demand forMr. Fronde’s
article on “ England and tbe Colonies,” Is
mentioned by a London correspondent as
“ a rather nnnsnal circumstance in literary
history.”
The iron to lay down the entire track of
the South and North Railroad, from Mont
gomery to Limekiln, a point on tbe Selma
and Dalton Railroad, has been received.
Tbe Mississippi Central Railroad Is leased
for a term of sixteen years from tbe 1st of
September, 1858, at one dollar per year; the
lessees assuming during that time all the
responsibilities, pecuniary and otherwise,
of tho original corporators.
da?to keep mm ** wor,l ‘ >**■»>-fire cents per
pe owner Is‘hereby notified to appotr before
property, pay costs an1 expanse* and
tatc him away.orlie will besom onthn prcm.sts
of said Csii) Bassett, some eight ml’c* South of
<MJ Saturday, the 19:h day of
M»reh. 1870. JAS.T. LaSIKIN. Onliniry.
Printers foe 88
■null dltftwlt
5 nd f °rc:cz« re-1. »n.| k white snot
in oil fo re herd on1 one iitoton hUPirbtMile.
—™, a ti tsi, ca aa s s a ... A9UU..J Av a re 1,1 ear*, two ub.lerMH
trial, filed within twelve months after the byJ«« r ^w*r“imw in.i Grore- &
adoption of tho Constitution of 1863, and frcchoidtreoi slid^dtitric“tebi worth eirbt dot
setting np tbe foregoing ffict*, was not de--tar* "nriih.r ■> >. ——•*- .—*- -—r
mumble.
Judgment reversed.
W. Akin, for plaintiff in error.
Wm. H. Dabney, for defendant.
Daniel Hyden vs; tbe State. Certiorari.
From Lumpkin.
McCAY, J.
1. Tbe order of a magistrate sitting as a
conrt of Inquiry, to determine whether or
no one arrested under a bastardy warrant,
shall be committed or recognized to appear
at the Superior Court, to answer, etc, is
not such a judgment as can be pleaded iu
bar to a subsequent inquiry under a new
warrant, for tbe samo offense, nor is tbe
udgment in snch a case that tbe defendant
be committed, or give bond, etc., subject to
be corrected by the Superior Court, by
Certiorari.
When a magistrate, after a bearing, or
ders a prisoner nnder arrest, to be commit
ted, or give bond to appear at the Superior
Court, to answer, it is illegal for tho mag
istrate to give a Judgment against tho de
fendant for the costs, other than the costs
of bis own witness, and such illegality
may be corrected by Certiorari.
Judgment reversed.
Geo. D. Rice, H. P. Bell, by brief, for
plaintiff in error.
S. C. Johnson. Solicitor General; W. P.
Price, for defendant.
GEORGIA, Fayetto County.
R „„ OnDiWAItY s Omen. Merch 9,7879.
GRIGGS hss applied for cxrmp-
rnarn-dUftW9> DAYtDt; ‘ M my»-
GEORGIA* SUlton County*
OBDIKABY’S office, March 0,187D.
H^BRiS has appllei lor scttln e apart
hotoesrca’I.and I will past
u,,uu the samo.at 20 o’clock. A- u„ oa theSSth day
ot March, 1870, at my omcc In Alpharetta. Gt. 1
O. P. SKELTON. Ordinary.
Printers fee $t
mchll-dltAwSt
ATLANTA ‘
MEDICAL COLLEGE
totu Conrso of Lectures la
A- thD Insticntlon, will commence ou Monday,
the 3d day of May next, and continue four months.
IF’-A.aTTIL.T-Y - :
WILLI3 F. WESTMORELAND. M.D„
• Prof Prin. and Prac. Surgery.
DANIEL C. O’KEEFE. M. D,
Prof. Prin. and Prac. Medicines.
JOHN G. WESTMORELAND. 1L D_
l. rorcssor Mot. Mctl. nnd Med. Jurl*prudence*
WILLIAM 8. ARMSTRONG. M. D.
Prof Anatom*-. *
H. V. M. MILLER.’m. D..
Prof. Clinical Medicine.
_ JOHN M. JOHNSON. M. D..
Prof Physiology aud Pathology.
JESSE BORING, M. D..
Prof. Ob. and Diseases of Women and Children.
W. EL B. GOODWIN, M. D.,
Prof. Chemistry.
T, . LOUJS n. ORME. M. D„
Prof. Clin. Snrg. and Diseases of the Eye and Ear.
JNO.THAD. JOHNSON, M. D.,
Demonstrator or Anatomy.
N. D’ALYIGNY, M. D., Curator.
D. C. O’KEEFE, M. D, Doan.
Yickcla for the Session aiso 00
Matriculation * 5 00
Ticket for Dissection 10 CO
Diploma J3 00
Board In good Families and Private Hoarding
Houea $18 to 880 per month. For further lnfor-
matlon, addreta the Dean. matia-wUstoy