The Weekly constitution. (Atlanta, Ga.) 1868-1878, March 22, 1870, Image 4

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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