Newspaper Page Text
ator*
; onstitution.
ATLANTA, TUESDAY, JULY 30, 1873.
DECISIONS
■I PKCnE COURT or OEOBOIA.
Iklutrtd in Atlanta, Tueeday, JtdfZZ. 1873.
Klinbctb Cowtrt T1. Junes A. Revere. Re-
faalol Certiorari, Irom Sumter.
WARNER, CJ.
This vm an application to the Jod*e of
the Superior Coon for s certiorari on the
i^oaml tluu a Justice of the Peace of a mili
tia district in which the petitioner did not re-
si'le had foreclosed a laborer's or mechanic’s
lien and issned an execution. The rrrUorari
was refused, and the petitioner excepted. It
‘lues not appear in the petition that the
fi. fa. was not to be levied on property and
executed in the militia district to which
petitioner resided, or that she bad filed a
counter affidavit aa required by acetion ' 1870
•>f the Code, or if she hsd done so that the
prooeedittfis would not have been returned
ami thecase tried in the district in whicbebe
resided.
Ix* the judgment of the Court below be
affirmed.
John R Worrill, for pisintiff in <
Nu appearance for defendant.
Merlins J. McCrory vs. 8. A. Sellars, Ad
rainistrstur. Ejectment, from Schley.
WARNER, C. J,
This wss aa action of ejectment brought
by the plaintiff against the defendant to re-
€ fiver the possession of a lot of land in the
«muty of Scbley. The plaintiff offered in
eviflence the record book of the Court of
Onlinaiy, containing the original order grant
ing letters of administration to the plaintiff,
which waa objected to, and the objection was
overruled by the Court. The plaintiff offer
ed in evidence an award of arbitrators, set
forth in the record, which waa objected to,
and the objection waa overruled. The award
had Ifcen made the Judgment of (be Superior
Court. The fact that exceptions to the
award bad been filed and withdrawn, did
not make it any the less the judgment of the
coving off from his employment on Ms plan
tation, two servants, to-wit : Isaac Brown
tad bit wife Emily. On the trial of thecase
the Jury found a verdict for the plaintiff for
the nm of $191 00. The defendants made
a motion for a new trial on the several grounds
act forth in the record, which waa overruled
and the defendants excepted. It appears
from the evidence on the record, that on the
4th day of January, 1871, the plaintiff made
a contract with Brown, and employed Mm
aa a laborer to work on Ma plantation for
that year, and moved Mm and hit wife there
the next day thereafter; did not know that
Brown had been employed by Whorton; on
the 7th January the defendants removed
Brown end Ms wife from plain tiffs planta
tion to Sempaon Betts. It ilao appears from
the evidence, that Brown, at the time he hired
himself to the plaintiff, waa living with Whor
ton, one of the defendants, and bad been
living with Mm the previous year, and waa
indebted to Mm the sum $34 00; that Brown
had contracted with Wborton to split rails
for him to pay the debt; this contract bad
not been complied with when the de
fendants removed Brown end bis wife
from the plaintiffs plantation. This suit was
commenced on the 31st of February, 1871.
In our Judgment, the plaintiff had no came
of action against the defendants until the ex
piration of the time for which Whorton bad
employed the servant to split the rails in pay
ment of hi* debt in the exercise of ordinary
labor and diligence for that purpose. Until
the servant had completed hu prior contract
with Wborton, the plaintiff bail no claim to
his services under bis contract. So far as it
is shown by tbe record at the time the suit
was commenced. Brown, the servant, was in
tbe legal employment of Whorton. The
plaintiff's right to bis services under his con
tract did not accrue until after the expiration
of the servant’s contract with Whortoq. If
tbe defendants had detained the servant fur
an nnreaaonable time, under the pretext of
performing his contract with them, or either
of them, and thereby deprived the plaintiff of
bis service under his contract, with knowl
edge of tbe same, then the plaintiff would
have had a cause of action against them.
Letthc judgement of the Court below be
W. A. Hawkins, Hawkins & Onerrv,Thom
as IL Pickett, for plaintiffs in error.*
ft
Court Tbe record {containing tbeorigna!
■filer granting the letters of adi
dminUtralion
properly admitted in evidence. Tbe
defendant's disclaimed title to tbe land, and,
antler tbe charge of tbe Court, tbe Jury
luuni! a verdict for the plaintiff. — Wo find no
error in tbit record.
Let the judgment of {the .Court below be
affirmed.
llawkins A Oucrry, C. T. Goode, repre
sented by Z. D. Harrison; E. H. Worrill,
Clark A lions, for plaintiffs in error,
II. HiIl,;M. 1L Blaadford, for.dcfcndanL
John W. Jones vi. AA. Adams. 'Complaint,
irt by comp
titled to a
competent testi-
Camp and Kemp, et ah,
•izwe, et aL Equity,
Montgomery^.
WARNER, C.J.
This was a motion to act aside a judgment
in tbe Court btlow, which had been obtained
«m an open account without any proof of the
account before the Court, the defendant not
having been pereonaUy served, but the
Sheriff’* return allowed that the defendant
bail been served by leaving • copy at the
defendant's. The Constitution of 1868 |dc-
clues that the Court shall rendr ■
without the verdict of a jury
ease* founded On eonfraef, where an issuable
defense is not filed on oath, but the Court
must have before it satisfactory evidence of
the contract. Tbe 3105th section of the Code
declares, that in all cases of soils on open
necuuata in the several Courts of this ‘
where the writ or process has been i
personally aa the law now directs on the
defendant, and there is no defense made by
tbe party sued, either in person, or by attor
ney, at the time tbe caae is submitted for
trial, tbe plaintiff shall be permitted to take
» verdict aa if each ami every item were
proved by testimony. When there has not
been personal service of tbe writ or process
un the defendant in a suit on an open account,
the plaintiff most prove Ms account to the
raUafaction of the Court
mtmy before he js cntli
although no issuablo defense has been fi!
•in oath. An open account is not such
ei mtract aa tbe Constitution contemplates.
To (authorize the Court to render judgment
without proof on an open account, there
must have been personal service of the writ
nr process on the defendant
Lut the judgment iof the Court below lie
affirmed.
R Worill, tor plaintiff in error.
Goode, tor defendant
Ticri.'Johnsoo vs. the Mayor *and Council of
Amcricus, et al.
WARNER, C J.
This waa an action'of trespass ri et armit
brought liy the plaintiff against the defend
ants to recover damages for an alleged false
imprisonment On the trial of the ease, the
jury found a verdict for the defendants. Ex
ceptions were taken to the rulings and charge
of tbe Court aa specified and act forth in the
record, which are assigned as error here. It
appears from the evidence in the record that
i lie plaintiff was arrested In tbe city of Amcr-
irua for disorderly conduct in violation of
the ordinances of the city. Tbe arrest xvas
made oySUee andIWhcelcr (who were acting
a- policemen under authority of tbe City
Council) about sundown on the 9th day of
August, 1870, without any written warrant,
sml tbe plaintiff wss confined in the guard
boose of (he city until 10 o’clock next morn
ing, when be waa brought before the Mayor,
ami he plead guilty to the charge against him,
ami waa fined ten dollars. Tbe maul ques
tion in tbe caae is, whether the defendants
were protected in making the arrest of the
plaintiff and confining Mm in the guard house,
under the provisions of the charter of incor-
imration and the ordinances of the city of
Americas. The 30th and 36th sections of
the Act of incorporation confers the power
and authority on tbe Mayor and City Council
of the city of Amcricus to enact the ordinances
under the authority of which tbe plaintiff
waa arrested. But, it is laid, the Act of In-
corporation and the ordinances are unconsti-
tutionai because they authorize the arrest to
lie made without a written warrant or pro
rot. Tbo Code authorizes an arrest to be
made by an officer or private person without
a warrant when tbe offense is committed in
lilt presence, and there is likely to be a fail
ure of justice for want of an officer to issue
a warrant Code 4636. 4637. The provis
ions of the Cade upon this subject is nothing
more than tbe affimance of the principles of
tbe common law. 4th Black. Com. 293. In
• very case of an arrest without warrant, tbe
perron arresting should, without unreason
able delay, convey the offender before the
most convenient officer authorized to receive
an affidavit and braea warrant, and tbe im
prisonment of the offender beyond a reason
able time allowed for this purpose would not
be legal. Code 4638. ThcActoi incorpora
tion empowers tbe Mayor and City Council
to establish and regulate a city guard, who
shall have tbe right to take op all disorderly
lemons committing or attempting to commit
any crime, and to commit them to the guard-
liouse to await their trial the next day. By
tbe 23th section of the Ordinances
of the City It is mado the dutv
of the Marsha], Deputy Marshal and
tailiccmcn to preserve order in the city, to
Mippraa ail affrays and riots, to arrest an
drunken, disorderly or riotous persons who
arc disturbing the peset and quiet of thecity,
and commit them to the guard bouse, or
bring them before the Mayor, to be dealt
with aa tbe evidence produced shall warrant
In tbe opinion of tbe General Assembly, in
conferring the power upon tbe Mayor and
Councilor the city of Amcricus to pass tbe
ordinance under which the plaintiff waa ar
rested. Ms arrest and detention in the guard
boose without a warrant until the next day
to await hi* trial, waa not an unreasonable de
ity in luiiiging tbe offender before the proper
officer for a bearing. Construing the Con
stitution in the light of the common law in
regard to arrests without a warrant, the Act
of the General Assembly conferring the
IMxrer upon the City Council, or the ordi
nance thereof now complained of, are not
unconstitutional. The arrest and detention
of the jdaintiff without a written warrant
until the next day for a hearing of hi* caae
U-fore the Mayor, under the statement of
facts disclosed in the record, was not illegal.
Whilst it is the duty of the courts to protect
Hie liberty of the citizen, it is also the duty
Of theroortsto protect sod ty against the
wanton and illegal exercise of that liberty.
Tlie plaintiff at the trial obtcctod to those of
the jurors included in the panel of twenty-
fiair who raided within the corporate limit* of
the city of Americas, for cause, being incom
petent jnroreto try the ease. The objection
wee overruled and the plaintiff excepted.
Wbat number of tbe twenty-four resided
within tbe city limits, or whether they were
all stricken by tbe plaintiff in selecting tbe
jnrv, tbe record does Dot inform na Accord
ing to tbe ruling of this Court in the case of
The Mayor of Columbus vs. Goetchius—7th
•Is Rep: 129—the jurors who resided within
tin- corporate limit* of tbe city wereinoom-
jx tint jurors, and it waa error in the Coort in
•■vcmiUng thin objection to them. But in our
j rment, insamnrb as the verdict of the
jury in this ctae was right, both under tbe
-aw and tbe facts of (be case, and a different
widict should not have been rendered by any
juiy, we will not reverse the judgment of the
Court below on the ground of the objection
to a portion of the jurymen constituting the
pound of twenty-four, nor for any technical
•TT-rs in the charge of the Court. Letthc
j -! .imeut of tbe Court below be affirmed.
C T. Goode, for plaintiff in error.
Fort and Hollis, for defendant
Whorton and Bell vs. J. W. Joaey. Com
plaint, from Webster.
WARNER, CJ.
The plaintiff brought Ms action against tbe
defendants for pcnuadlng, enticing and dc-
No appearance for defendant.
John Wood va The State. Burglary, from
Sumter.
McCAY, J..
Burglary hi tbe breaking and entering the
ndling-bousc of another with intent to
commits felony or a larceny, and the indict
ment must allege such intent. It is not suf
ficient in an indictment for burglary to al
lege that tbe defendant broke, etc., and
having so entered did steal certain goods.
A fatal defect in an indictment cannot be
taken advantage of by directing the jury to
find a verdict of not guilty. The p
method before verdict it to demur or
verdict to move in arrest of
A motion for a new trial on the ground
that the indictment is fatally defective,
though .not strictly proper, wid lie i
ed under the practice in this Stale.
John R Worrill, Jack Brown, A R
Brown, for plaintiff in error.
Hawkins A Guerry, C. F. Crisp, Solicitor
General, represented by Charles B. Hudson,
for the State.
J. P. West vs. J. A Kendrick. Injunction,
from Sumter.
McCAY, J.
In a suit on a promissory note due to A, a
sett off doe to the defendant by a partnership
of which A la a member, cannot be pleaded
either at law or equity unless there be special
circumstances also pleaded, to avoid the want
of mutuality between the two debts.
proper
or after
Judgment affirmed.
Lanier A J
Anderson, for plaintiff in error.
J. A Anslcy, represented by B. P. Hollis,
for defendant
B. J. Hart, Receiver, et al vs. M. Lazaron.
Injunction from Sumpter.
McCAY. J.
An injunction will not be granted to re
strain the cniorcement of a judgment when
it appears by tbe bill that the Court in which
tbe judgment waa obtained had no jurisdic
tion. The remedy at law is complete cither
by affidavit of illcgalityjor by action of tres-
paaa.
Judgment reversed.
Hawkins & Guerry, represented by Clark
ant! Goto, W. A Hawkins, for plaintiffs in
error.
C. T. Goode, for defendant
Samuel M. Smith vs. E. D. Eason. Com
plaint, from Schley.
McCAY, J.
A deed, or bond for titles to a tract of land,
by its number in the State survey, binds the
the possessor to make title to the land within
the boundaries of such survey, and if a part
be sold off before the date of the deed, this
is a breach of the bond, nor is this breach ex
cused by the fact that the quantity
is small, and the bond describes the
containing 203| acres, more or less.
Proof that the obligee in a bond for titles
knew that tbe obligor was not the owner of
the whole of the land described in the bond,
is no reply to a pica of a breach, unless it
appear that there was a mistake in the de
scription.
When the defendant, in a suit at law, sets
up a legal defense, and the plaintiff desires to
reply some equitable matter, he may do so,
but he must amend his declaration so as to
plainly and distinctly set forth such equitable
rC Jiui-rment reversed.
W. A. Hawkins, tar plaintiff in error.
Undson A Wall, for defendant
Malta Scarborough vs. The Slate. Keeping
a lewd house, from Sumter.
McCAY, J.
Un the trial of an indictment for keeping
a lewd house, under section 4463 of the Code,
it is not necessary to show that the master of
tbe boose kept the same for profit It is suf
ficient if it appear that the lewdness carried
on was with his permission or in his presence
without his dissent
A man is guilty of keeping a lewd house
srithin tbe meaning of section 4163 of tbe
Code, if open and notorious lewflness is prac
ticed therein by bis wife and daughters, in
his presence, with his consent or without
his dissent
It is not an expression of opinion liy the
Judge, as to wliat has been proven on the
trial of an indictment for keeping a lewd
house, to say to the defendant’s attorney,
(who is addressing the Court upon tho law
of the case,) in reply to the claim of the at
torney, that there most be proof that tbo de
fendant kept the bouse for profit “It makes
no difference whether ho keeps it for profit
or pleasure, he is guilty.”
When the Stale’s counsel in a criminal case,
in addressing a jury, is making statements
not in proof, and one of the defendant's
counsel objects, but another says let him
on, it is not a ground for new trial, if t
Judge fail to interfere until the matter is
again insisted upon by tbe defendants c un
sd; nor will the verdict be set aside because
tbe Judge in his charge fails to say to the
jury that they are not to notice such state
ments, there being no request for such a
Judgment affirmed.
C. T. Goode. Fort A Hollis, John D. Car
ter, for plaintiff in error.
V. P. Crisp, Solicitor General, represented
by Charles Ii. Hudson, for the State.
D. G. Patterson vs. J. H. Wallace. Illegality,
from Sumter.
MONTGOMERY, J.
Where an execution, issued on a judgment
obtained upon a contract made before June,
1885. is levied on Und, anil defendant makes
an affidavit of illegality on the ground that
no tax affidavit is attached to thefi. fa, which
is met by a counter affidavit that the purchase
of the land levied on by defendant from
plaintiff was tbe foundation of the debt, an j
that defendant is still in possession of the
land; an amendment of the defendant's
affidavit, stating that the land has been set
aside to him as a homestead, and that the
plaintiff appeared before the Ordinary and
objected to the granting of the homestead on
the same ground now presented as an excuse
for not filing the tax affidavit, which objection
was overruled, and that the question is there
fore rte ailjuilieata between than, raises un is
sue as to whether the question was adjudica
ted or not, which should have been regularly
tried.
Judgment reversed.
W. A. Hawkins, represented byR P. Lyon,
far plaintiff in error.
N. A Smith, M. R Stanscll, for defendant.
Gilbert M. Stokes vs. the State of Georgia
and county of Lee •— ’
MONTGOMERY, J.
A sale of the land by the assignee of a
bankrupt does not divest the lien of the
State upon the land for taxes due on it even
though sold by the assignee free of incum-
An execution issued by the Tax Collec
tor for tbe unpaid taxes against the land,
which has not been returned by any one,
describing it as the property of the persons
who last returned it, is valid against the land
although such persons may no longer be the
ownen of it and may not have dinted it at
the time tbe law fixes the liability for taxes
to wit, the first day of April.
Judgment affirmed.
Hines A Hobbs, G. J. Wright, for plaintiff
in error.
Lyon & Irwin, for defendant.
Sarah Erambcrt vs. Jus. J. Scarborough.
Motion to se' aside judgment, from Sumter.
MONTGOMERY. J.
A judment rendered by the Judge of the
Superior Court, without the verdict of a jury,
in a civil caw founded on contract, when an
issuable defense is filed on oath, should lie set
aside.
Judgment reversed.
John R Worrill, for plaintiff in error.
N. A Smith, A R Brown, represented by
B. P. Hollis, for defendant.
from Dougherty.
■USX , J.
L An analysis of sections 3042,3083,3083,
4143 and 4144 of Irwin’s Revised Code shows
that when an auditor or master in chancery
make* a report upon matters of mooonntrefer-
red to Mm, the party against whom the report
operates, may file two classes of exceptions:
first, for alleged error* of law on the part of
the referee; secondly, for alleged errors in
Ms report a* to the facta found.
The first is for the exclusive consideration
of the Court tinder section 3063.
The facts found by the report ere for the
consideration of the Court in the first in
stance, after which, if approved by him, the
report becomes prima fade evidence of their
truth, subject to be overthrown by testimony
before the jmy.
2. On tbe trial of tones raised by excep
tions to tn Auditor's report, which has been
approved by the Judge, the fact* reported
will be taken at true, on leas rebutted by evi
dence, or unless the record shows that evi
dence to rebat them was offered and illegally
rejected by tbe Court
3. An assignment for the benefit of credi
tors by an insolvent debtor, the terms of
which contemplate that it is to bo signed by
all the creditors, is binding on none nnlcsa sU
sign.
4. Where such'an assignment ii»i been
peed to by a portion of tbe creditors, who
e a bill to enjoin other creditors, (whose
claims are in judgment, and who are proceed
ing to levy on the property assigned.) and
compel them to come in tinder the assignment,
an assent by the latter to an order granting the
Injunction, appointing a receiver, and also an
auditor to audit the account* and report upon
their amounts and priorities will not amount
to an assent by the levying creditors to the
assipunent, even though they may not have
"I’d any pica, demurrer or answer to tbe
bill.
o. If the Judge bolds, erroneously, that
an assignment partially executed, as above
i"<licated, 13 the law of the case, but that by
its provisions, the assets were to lie divided
according to legal priorities, and the jndg-
incut of tbe Court, (to whom both the law
and facts were, by agreement, submitted
without a jury) so divides them, this Court
will not grant a new trial, even though the
construction of the terms of the assignment
by the Judge was incorrect, and there was
no exception taken by the opposite party to
bis ruling that the assignment was the law
of thecase.
& Laborers’ liens, under the Constitution,
attach from the time of the performance of
the labor. Their inception is not postponed
until forclosnre.
7. Partnership assets must first satisfy part
nership debts before individual debts, or debts
of a former partnership, of which one of the
present firm was a member, can be paid.
8. Where an exception to an auditor’s _.
port directly contradicts the report, the for
mer should be supported by proof.
9. It is not necessary, under our practice,
that an auditor should append to Ms report,
tbo evidence on which it is based.
Judgment affirmed.
D. U. Pope, Hines & Hobbs, for plaintiffs
in error.
Clark & Goes, V&son A Davis, G. J. Wright,
L. P. D. Warren, F. M. Harper for defend
ants.
HcCny, J., concurred, but furnished no
written opinion.
WARNER, C. J., dissenting.
This was a bill filed by the complainants
against the defendants praying an tnjuction,
and for (the appointment of a receiver to
take charge of the property and effects speci
fied in a deed of assignment, executed on the
31st day of October, 1871, by Scfaanb & Law-
ton to Samuel Mayer in trust for tho
ment of all their creditors. The allcgL
in the bill are that the creditors are numer
ous, the property scatter'd along the line of
railroad lnjUffcrent counties, and that some of
the creditors were proceeding tojenforcc their
respective liens upon the property, whereby
great damage would result to the property
of Ms judgment lien upon the fund.
Jonetf vs. Dougherty, 10th Ga. Rep. 274. So
if their creditors who had prior liens upon
their property as laboren, or mechanics, con-
tented that the property convey ed to the trus
tee by the deed of assignment should be sold
and that they would claim the proceeds of
tbe sale thereof, it was a vainer of the pri
ority of their lias, and they <
them in the dirsribution of the fund. There
is no content in the record that the fund
should be distributed according to the pri
ority of the respective erediton lime, and
Schanb A Lawton most certainly have not
consented that the proceeds of the sale of
their property should be distributed in that
maimer between their creditors, when they
had expressly provided in their deed of as
signment that it should be equally divided be
tween them. By consenting to come in and
claim the proceeds of the sale of the prop
erty as the creditors of Schaub & Lawton
under the deed of assignment, they adopt
and affirms, its provisions. There is no at
tempt to set aside the deed of assignment by
any of the erediton of Schanb & Lawton,
Wesleyan Female Institute,
STAUNTON, VA.
asses
ItaSSnt Annul ScMtaa September
by -£ir iWaro and Teacher*.
, etwo of tbe swet dirtingnletaeil and
cultivated Sincere sad Teacher, of Vocal Xiulcin
tbe South. Thiel, eaeoCtbe healthiest dilutes in
the world. Pupil, who come here with feeble constl-
taUan*. Him* «mt rtlnntu! dueasei, are entirely re-
Bcilding, tad (SotSht tn eterent. Scenery fnr-
— * and beautiful, nuking it one of the
i homes in the Union.
University of Nashville,
FOUNDED IN 1783.
rjIHE COLLEGIATE DEEAKTSEXT AS0
ACADEMY open on the Sd September next.
Djc-pline, Military, Board, Tuition, Fae!,;Ac.. bom
$13010*173 per Term of twenty weeks.
Fot further information apply to
E. KIRBY SMITH,
[From Jndg* JohnN.
Lawton, who are insolvent The
prayer of the bill is that the erediton may
be restrained by injunction from enforcing
a sale of the property under their respective
liens, and that a receiver lie appointed to col
lect tho property together, specified in the
deed of assignment, until the farther order
of Court. This bill was not filed for the
purpose of setting aside the deed of assign
ment, but to enforce the execution of it for
the benefit of att the erediton of Schanb &
Lawton as specified in the deed. The Judge
granted a temporary injunction on the 8th
November, 1871. On the 18th November,
1871, the presiding Jude granted the injunc
tion as prayed for in the bill and in the order
it is recited that upon a meeting of the
parties in this case, and upon their agree
ment, it is ordered that the injunction
prayed for in said hill be and is hereby
granted. It is further ordered that Samuel
Mayer lie appointed Receiver, to take charge
of all the property mentioned and included
in said deed of assignment, and that he ad
vertise said property and sell the same to tho
highest bidder at Albany on the 2d day of
December next for cash. It was further or
dered that Wm. E. Smith be appointed Audi
tor, to hear proof of the amount, and the
priority of each claim on said fond, and that
his report shall include the amount of the
funds which the Receiver’s sale shall show
subject to distribution, and the amount that
may be due each creditor, according to tbe
evidence and tbe law. The property of
Schanb & Lawton specified in tbe deed of
assignment was sold by the Receiver under
the order of the Court. Tho Auditor made
his report of the amount of the sale of the
property and of the amount and priority of
cacu claim on the fund, giving to the claim
ants who were mechanics and laborers a
priority of lien on the fond, and reported in
favor of the payment of their claims in
E ffcrcncc to the other creditors of Schaub A
wton. Executions were filed to tho Audi
tor’s report. When the case cam
Court for trial it wss agreed by
representing the parties before it that the pre
siding Judge should act both as Judge and
juiy, reserving all right of exceptions they
might have, as if the case bad been submitted
to a juiy, and not in any manner to be bound
by the arbitration laws. Thera were several
exceptions filed to tbe Auditor's report, one
of which was—“ Because said fund, com!
into Court under a deed of assignment,
creditors claim pro rata under that deed, and
after paying Court costa and Auditor's fees,
and attorney’* fees, there are no preferences
or priorities in favor of any creditors, bnt
they most all come in pro rata, and so much
of said report as gives any preference, is ille
gal." The Court overruled this exception
to tho Auditor’s report, as well as all the
others, holding that the words “ equally, di
vide the proceeds between said creditors”
in said assignment, meant equally divide
according to the prloriliet created by law. The
Court rendered a decree confirming the Aud
itor’s report and this is assigned as error.
The main question in this case is whether
the decree rendered upon the bill filed to
enforce the execution of the trust in the
deed of assignment, as set forth in the bill,
was made in accordance with the terms and
provisions of that deed; in other words,
whether the law, as applicable to the evi
dence furnished by that deed as a part of the
record of the case, authorized the decree.
The deed of assignment recites that Schanb
& Lawton being unable to pay their debts,
and to prevent a waste of their valuable
property by useless litigation, conveyed the
same to Mayer, to have and to hold said
property upon trust, to advertise thirty days
for all claims against Schanb & Lawton, and
upon ten days’ notice to sell said property '
public or private sale as said Mayor may
determine to be best, and upon such sale to
equally divide the proceeds thereof between the
creditort of Schaub it Lawton. Mayer is one
of the complainants in the bill, praying the
aid of the Court, to enable Mm to carry into
effect this deed of assignment *
to the true intent and meaning
The property specified in the deed of assign
ment was the property of Schaub & Lawton,
and they had tbe legal right to convey it to
Mayer in trust tor tbe payment of all their
creditors in tbe manner therein stipulated,
provided, their cerditora were willing to ac
cept it upon the terms specified in toe deed,
and when the Court ordered tbe sale of tbe
property in tbe bands of Mayer, the trustee,
under the deed of assignment, as the property
of Scliawb A Lawton, the proceeds of the
sale thereof should have been equally divided
between their creditors, claiming under that
deed, and not equally divided between them,
according to the priorities created bylaw.
Such were not the terms of the deed convey
ing the property, and if the creditors of
Schanb A Lawton chum the proceeds of the
sale of the property under that deed of as
signment, os they undoubtedly do, they must
claim it in accordance with tbe terms and
provisions of that deed, and not otherwise.
tYhenithis bill was filed by the complainants
to enforce the execution of the trust created
by the deed of assignment, and it wag served
on the creditors of Schanb A Lawton, who
were attempting to enforce their laborers’
and mechanics’ liens, enjoining them from
prosecuting the same, if they intended to at
tack and repudiate the deed of assignment
set forth in tbe bill, they shook! have made
their defense thereto, have filed their answers,
and moved the Court to dissolve tbe injunc
tion, and hare insisted on tbe priority of their
respective liens. They did not do so, bnt on
the contrary, contented that the injunction
prayed for should be granted, tbe property
included in the deed of assignment sold, and
the fund* arising therefrom be distributed
according to the evidence and the law. That
the bill was filed to enforce the execution of
the trust created by the deed of assignment
for the benefit of Shanb A Lawton’s credi
tors
and all the proceedings in the
under that bill and tbe exhibits attached
thereto, that was the evidence before the
Chancellor as to the manner in which the fund
was to be distributed between their creditors.
If a judgment creditor of Schanb A Law-
ton had filed a bill against Mayer, the trustee,
to enforce the trust for the benefit of their
creditors generally, it would have been a
and they are not parties before the court, bnt
on the contrary the sole object of the MU
dcr which the entire proceedings were had was
to enforce the execntion of the trust as specified
in the deed created fay them for the benefit
of aU their creditors. But it is insisted, that
inasmuch as the order of the Judge granting
the injunction and appointing the receiver
recites, that it was done by the consent of
the parties; that that altera and changes the
statue of the claims of the creditors as speci
fied in the deed of assignment, in regard to
the manner in which the same should be paid
out of the fund arising from the sale o! the
property conveyed by the deed. The order
appointing tbe auditor directed him to hear
proof of the amount, ani priority of each
claim on said fund; that is tossy, the fund
arising from the sale of the prooerty included
in the deed of assignment which the Judge
in the same order directed to be sold. Toss-
certain the amount, and priority of each
creditor’s claim, is one thing; to order the
payment of such claims out of the fund aris
ing from the sale of the property conveyed
by the deed of assignment, according to the
legal priority cf tuch claims, is another, and
quite a different thing, and much the meet
important question, in view of the express
words of the deed conveying the property.
It will be noticed that tho Auditor is not
only required by tho order to hear proof of
the amount, and priority of each claim, but
he it also required by the order to report
tho amount of the funds, which the
Receivers’ sale shall show subject to distribu
tion, and the amount that may bo due each
creditor according to the evidence and the law.
Although some of the creditors of Schaub A
Lawton may have had prior liens upon their
property, independent of the deed of assign
ment conveying their property in trust for the
benefit of alt their erediton: still, when they
claim, ;undcr that deed of assignment, the
law is, that they most take in accordance
with its terms; they cannot claim; under the
deed of assignment, and repudiate any essen
tial part of it The order of the Judge di
recting the Anditor to hear proof of the
amount and priority of each rintni, did not
necettarily require Mm to report in favor of
the payment of any particular class of nlntm.
in preference to others out of the fund in the
hands of the Receiver; bnt he was required
to report the amount that may bo doe each
creditor, according to the evidence and the
law, and If the evidence showed that he was
a creditor of Schanb A Lawton then, under
the law as apptiable to this deed of assign
ment, he was to be paid In accordance with its
terms and provisions, and not otherwise. It
would be an unreasonable and forced con
struction to bold that the words in the deed
of assignment to i
of the sale of the property conveyed thereby
between said creditors of Schaub A Lawton
meant to be equally divided according to the
priorities created by law. The exceptions to
the Auditor’s report, and the assignment of
errors thereon to the rulings of the Coort
are all specially and distinctly set forth in
the biff of exceptions presented to the Judge
for Ms signature, and he has certified that
the same are true. One of which is “that
the Court, after holding that the deed of as
signment from Schaub A Lawton to Samuel
Mayer, was the law of the case as to priori
ty, and in construing the words equally
divide the proceeds between said creditors in
said deed of assignment to mean
dqnaliy divide according to the priorities
created by law, and then holding that Vogt
A Co., had no lien on tbe fond.” Now, If
the Judge did not distribute the fund arising
from the sale of Schanb A Lawton’s pro per-
to under the deed of assignment, and accord
ing to Ms construction of the words of that
deed, then Ms certificate that he did do so, is
not true. But I take the certificate
of the presiding Judge to be true, and that
he decided, as be has certified that he did, in
construing the words contained in the deed
of assignment, which construction was error,
in my judgment. I am therefore of the
opinion that the judgment of the Court be
low should bo reversed.
SLSjp-
(From Bishop B. X. Minin, D. D.)
ThoWcs’cjma Female Institute Is an honor to the
Church. Instruction Is thorough. AU clssec* Maud
high- The most talented Profeeeor* are employed.
Tn* School Ismsy prosperous, and deserves to be so.
TERMS FOB THE ENTIRE COLLEGIATE YEAR.
Board trtdTaitioa in tbsOoUcziate Conrse$3tO(U
Music and other extras moderate.
Far Catalogue of Of ly-fonr page*.
Address. RrrTw. A. HARRIS,
JutySa—dsOdSnr&wlt Staunton, Vs.
NEW ADVERTISEMENTS.
BOOK AGENTS
Now at work, or looking for eomesew book, win mlM
it if they do not st once write fordrcnl«raof the best
•eHins book published. Extraordinary inducement#
offered. Profits more than doable money. Outfit free.
Address, F. M. Heed, 199 Eighth st,New York.
AGENTS. WANTED
<o° C ^RE^°°
cvert CITIZEN WANTS it.
New Orleans, Clndnnstl, St. Lools.
AGENTS WANTED—for the lives of
Grant! Greeley
WILSON! BB0WN!
And the leading men of all parties. OVER40 STEEL
PORTRAITS. Just the book wanted by the i
everywhere. Agents meet with wonderful si
Bend for circular sad secure territory at once.
dress. ZEIGLKR A McCURDY, 503 North Sixth
Street, 8L Louis. Ma
nAS CURED
DOES CUBE
WILL CUBE
DEAFNESS
_ _ 1NZA Carson
For Cure $1, (or Test Sample 25 cents,) by mail,* Dr.
• HYATT, 246 Grand Street, New York.
M. A., University
[regard the Wesleyan Female Institute, as once
ry best sad most attractive Schools in the State.
ladies committed to the care of Prof. Hsrrie,
of moral and intdlcctoai
AGENTS WANTED
to'?' SPEED'S -vO^v.
EVERY CITIZEN WANTS IT.'-
GOODSI’RED’8 EMPIRE* PUBLISHING HOUSE,
Chicago, Cincinnati,; St. Louis, New Orlixuu*, <
New York. julylS—dAwJm
WASHINGTON UNIVKBSITY
MEDICAL SCHOOL
BALTIMORE, M. D.
npiIE next Anfitul Session of this institution will
X begin October lst,18Tt, and coutinuc five months.
The Clinical advantages of the School arc umnir-
Kxtf, includin'* Dissection and Hospital Tickets, $<£.
For CATALOGUES containing lull intrUcuLirt j
ply to rrof.CUAS. W. CHANCELLOR, Dean.
July24—d&wtw Baltimore. Mil
UEORUlAy Henry County.
Ordinary's Orncr, July 21,1S72.
OHN W. TUBNIPSBED applies to me for letters
If objections exist, let them be filed within statu
tory time, or the letters will be granted,
witness my official signature.
GEO. M. NOLAN, Ordinary.
ju1j26—w30d Printer's foe $3
To Debtorsuxitl Creditors
i estate, arc rc-
• payment in terms of
are requested to make immediate pay
ment to the undersigned, at Forsyth, Georgia, and all
persons having demands against his estate, are re
quired to present the same for p
law. July 25, 1ST*.
Administrator’* Sato.
a m oruiuaiy vi ruuou cwunij. vrcurgiu,
sell before the Coart House door. In Atlanta, __ _
first Tuesday in September next, within the legal
* aale, land lot number one hundred
months with 7 per cent interest
W. R. VENABLE, Administrator.
Atlanta, Ga., July 25th, 1872,
julySG—wtds Printer's fee $10
ATLANTA DEPARTMENT
Southern Life Insurance
003MO».a3XrY,
ATLANTA GEORGIA
AN ANNUAL MEETING OF THE STOCK
holders and Directors of this Department, held in this
city on tho 21st instant, the following Directors,
Officers and ^Committee*, were unanimously elected
for ensuing year.
DIRECTORS:
J. B. Gordon,
A. Austell,
RW. Holland,
Ben May,
D. E. Butler,
W. A. Caldwell,
D. IL Murchison,
A. H. Colquitt,
H. V. M. Miller,
E. B. Walker,
J. 8. Hamilton.
Wm. Johnston,
S. Y. Tapper,
Jos. A. Lawton,
J. G. Bailie,
Wade Hampton.
OFFICERS:
J. B. GORDON
A. H. COLQUITT...
W. C. MORRIS
J. A. MORRIS
H. V. M. MILLER..
President
....Vice-President
.. .Medical Director
DO NO FMLSffSSffff,
Summer Ex cur-
secure one of the
Stewart Cook Stoves!
With its special attachments. Roaster, Baker and
Broiler. The 8tovc and Furmtore carefully paciu *
for safe shipment. Books sent on application.
FULLER, WARREN A GO.,
236 Water StroH, New York.
^ BURNHAM’S
r-H New Turbine lain gencr-
use throughout tbe U* S. A
rH six inch, is used by tho Gov
ernment in the Patent Office,
Washington, D. C. Itasimpli-
city of construction and the
power it transmits renders It
the beat water wheel ever in-
vented. Pamphlet free.
N. F. BURNHAM. York
la as powerful Tonic, especially adapted for
use in the spring, when the ulnouip and debim-
tjlted system needs atregnth and vitality; it will
give vigor to the feeble, strength to tbe weak, ani-
nation tothe J '’— J -* r -’ .. . •
tothewenry, <
infirm.
. It is a 8ooth American plant, which, according to
the medical and scientific periodicals of ixmdonand
Paris, possesses the host rowxnrui, tonic properties
known to Materia Medics, and is well known In Its
| native country aa having wonderful curative qualities i
need as a srscxnc in all cases of
IMPURITIES OF THE BLOOD, DERANGEMENT
OF THE LIVER AND SPLEEN, TUMORS. DROP
SY. POVERTY OF THE BLOOD, DEWLITY.
WEAKNESS OF THE INTESTINES, UTJIRINi
OR URINARY ORGANA
DR. WELLS’ EXTRACT OF JURCBEBA
It is strengthening and nourishing. Like nutrldons
food, taken into tbe stomach, it assimilates and dif
fuses itedf through the circulation, giving vigor and
It regulates the bowels, quiets the nerve*, acta di
rectly on the secretive organs, and, by its powerful
TOnic and restoring effects, produces healthy and
vigorous action to tbe whole *7-4—
JOHN Q. KELLOGG, 13*
Price, One PonaxpeH:
t st. New York,
the United States.
ROCKBRIDGE
ALUM SPRINGS,
VIBGINIAq
OPEN JUNE Iff, 1872.
This favorite and celebrated Watering Place win offer
additional attractions this season. Among other im
provements there has been added an elegant and tn*-
dous Ball Room adjoining the parlor; the Pr" '
been enlarged and much imj
of the two renders each eas
kept in a style not surpassed
The waters of these special
and the proximity
It will be
Chronic Pnuemonia, Chronic Dyspepsia, Chronic Di
arrhera. Chronic Dysentery. They are also a great
value in those afflictions which are familiar to the fe
male constitution, and as an apertizer, a tonic and a
general restorative, they are, perhaps, unrivalled
amongst mineral waters. The proprietor will have
provided for tbe lawns and ball room
A First-Class Band of Music I
and tn general a l the sources of amusement and re
creation usually found at our best summer resorts will
be at the command of the guests at Rockbridge Alum.
— *- -)even to thirteen hours of Rich-
Sal timore, etc, by rail, all in
leave the cars of the Chesapeake
down the visitors
Proprietor.
•rant stare roaches.
level road of only c ,
«ta. Spring to
Persons making nse of the
Springs, and not stopping at my
Half xnr regular rates.
Tbe water for sale by RBDWIME A FOX. Atlanta.
Descriptive Pamphlets sent free on application,
Julylfi— feblfrd&wtf
BOWDON COLLEGE.
Exercises or the 1
_ 15th. Tuition, per i
to $15 00 per mouth,
fael. etc
For Catalogue {jiving fall^artcularj^addgre^
jttly23—d8wAw3w President,
EXECUTIVE COMMITTEE:
A. Austell, D. B. Butler,
A. H. Colquitt, IL V. M. Miller,
J. IL Gordon.
FINANCE COMMITTEE:
d'tJfcw4t
Chunre'.lor.
E. W. HOLLAND.
MEDICAL BOARD:
Dr. J. X. JOHNSON, Dr. H. V. M. MILLER
INSURE IN THE
Southern Life Insurance
Memphis, Tenn, and Atlanta. Ga.
Assets, (nearly) $ | ,500,000 OO.
Has the largest busteaw -ofCompany operating
Gross Insurance (abcmt)Sl6.000,000
“The most flotuiihlng Life Institution In the South/
jalylS-dsnn-sred-frilgnfcwltn
UNIVERSALLY PRAISED
B Y those who here wen them, tre the foil
three Boohs, eircady popular, althonsh tb
his Jut lamed from the prose.
Tho Standard ! I
Bx L. O. Emerson A H. R. Palmer.
400 pages. Fine Singing School Tonne. Barge col
on of the beet Anthems snd Tones. 99.000 conic*
id/ ordered 1 The Burner Church Music Book t
teeeoo! Price$1 50. *13 50 per dozen. Spec:
• cent, post-free, for the present, for (1 23.
Sparkling: Rubies T !
By A. Hull £ fl. Senders.
awake authors. Price 35 cents.
The Filffrim’s Harp! •
By t
■ Hall.
210 pages. Remarkably good for Vcetries, end tor
in Prayer Meeting*. Small, ae-ry dear prim,
je number of the most popular tunes. Price 00
OLIVER DITSON * CO., Boston.
jolyiO—
CHAS. H. OITSelN * CO.. New York.
’fl a» W., alfW AOTK.
aprlt—[wed*Satd&wly
MONEY CANNOT BUY IT!
DR SIGHT IS PRICELESS!! But
SPECTACLES will Preserve iL
Aclm nls tmtor’s Suie. A
tITILLbc sold before tiie Court House door, in the
V V city oLAtiauto, ou the lir&t Tuesday in Ati-utt. * m
1872, by virtue of an order of theConr: of Ordinary of St
Fulton coun;y. Gvoruia. the Ldlowiu^ projuriy, to-
wit: City lota Nos. *33 and 23, froutiu^ ou Lunii>k:u Cl
street, incity of Atlanta. Ivin*; a subdivteoa of The
Truauu properiy. Sold at roe p opcr.yof Uv:uce Iu
P. lliniic.ck. dtvoa>- (l. Terms cosh.
CHAKLhS COWART, AdJuinUtrrtor. x
Jnm£3-wl.d Printer's Ko $3 j
GEORtil l, DcKalb Csttnly. J
Miry Stover vs. IL C. Sunrer. Lb.l for divorce In it
the bupciior t'u’an of saia county. it
TT apptariuR to the Court by tho return of he J! 1
J. hbr-nfl. that the dcfetitluit does uo. r - Lie ut *vd fl
county; and it further appeario- tha; he «!o'* P
not reride in this Kt •*»; It i*. cn uuitMji.
ordeted thtr ;aiddcfcii.Iauta' t .i»kar»a*danswci.at riio
next term of :his Court or that the cuMJbeCofciidvr-
cd In defan* t. and the plaintiff a (.owed to proceed,
and that tlit*» order lc fnibl!fchr»l iu ihc Atlanta con-
stumiou, a public Roxuin ot ihi.- Stale, onceaiuohih "
for four momh-.
L. J. WINN, tihelant's Attorney.
orVnn eXtrirt frum lllC “bmtes of DeK&lb Miperi- j
m ,y.3 wUavim U. J. WILLIAMS, Clerk.
GEORGIA) Henry County.
Or.n« n * bt's Orrice, July 15, 1ST2.
T?VALINE DOItSEY, late of said county, de-
Xll ceased, havinij departed tliia life intestate, »
aiul Stephen G.Doisey hiving petitioned for lc:U-r»
of nduimietration, uouco is hereby «;iven that objec-
tions, if. ny. inn-t be tiled within etannery time, or
the loiters will lie ^rantwi.
WlUiCcs ui> elli.ial Hcnaiiire.
.... b£u. 11. NOLAN, Ordinary,
juiyll—w:J9d Printer's fee $.1
Pittsburgh Female College.
Kuv. I. C. PEKMUNG, D- D., rxcsuitST.
lALI'UAhT Buildings, we'l fntnisbed and carpeted
X!i thronr.hom. THOROUGH COURSE OF STUDY.
Twenty-three Tcachrr*. S-ven Depnrtmrnta. ro»c-
ctal teachers—four iu Music—for each or the Orna
mental bmiH-hr*. iS.-ulve irachers uf Kicih h and
Gorman. Cbaigcs K-t than auy Selicoi affur-iing
equal advantage :'iul aiv*inm*Hluite*’s. Kail Term
reinnu-iit os Sept ’uiiicr !•» Ii Send t'» tie* President,
Pittaonrgh, Penn., for a Catalogue. jui>2l-uut
GEORGIA) llenry County.
Ordinary’a Orrice, July 18, 1872.
OAMIIEL .1. LKE petitions for letters of guardian-
O shn»of the |»enu»ii and piopcrty of Canada M.
L«*eaud Wm. J. Lee, orpliaus of Win. C. Lee, de
ceased :
If objections exist, let them l*c filed within statu
tory time, or the letters will be granted.
Witness my ollicral signature.
GEO. M. NOLAN. Ordinary.
JuljSt—w30tl Triiitro'a fco ia
GEORGIA) Ilcitry t ottuty.
Ordinary *s Orrice, July 18th, 187i
/^J,EO. W. Me WILLI \A1S applies to this Court
VA tot letters of guardian-hip of Hie penou ai:d
Property of Ida Lee, orphan of W. ,C. Lee, de-
lf objertioM cri-t, they mn«t be filed within
statutory time, or tho letters will be cruuted.
foiWitue;s my official signature.
, , J1 * NOLAN, Ordinary,
july21—w3Td Print re’s fee $3
GEORGIA) Henry Couuty*
Ordinary’s Orrice, July IS, 1871
QAMUEL J. LEK, udraini- trator of W. C. Lee, tote
O of said couuty, dccc red. applies lo mo tor leave
to se l all the real estate of eahl deceased:
If objections exist, let them be filed within the
time prescribed l*y law, or the leave will be granted.
W iroces my official signature.
. . „ ^, GEO. M. NOLAN, Ordinary.
Jnly21-w30d Priutcris fee <5
GEORGIA) l uiiou County*
Ordinary’s OrricK, July Uth, 1872.
'JklRS. D. E. BURNETT, wife cf R. P. Burnett,
LtJL lias ttpptit n for cxenipliou or tiemnutitv, r», u
I will pass upo.. the same at 10 o'clock a. 'n , cu
the 2id day of July. 1672. at mr office.
DANIEL Pll-t’M AN. Ordinary.
juljfl2-dU&w2t Friuler’e fee
GEORGIA) Fa 1 to;i County*
Ordinary's Office, June 1,1872.
A NDIIEW P. THOMPSON, guardian of the proper-
il ly of Joseph C. Thoinnstei, havin'; filed hta
pctlriou slauujf that he has fully discharged his said
All perrons concerned are hereby not Ik <1 to file
their objections, ir auy exist, on or before tlic first
MouJji'itv^Au-ust next, else itlten will be granted
p i can DANIEL riTT2L\N, Ordiuary.
junc2—wCOJ Pi iu let’s (vc *5 to
GEORGIA) Fulton Couuty*
Ordinary’s Oprice, June 1st, 1872.
T/H LAWSHE. dclmlni-’rator of the estate of Lew-
JLi is L’lWslic, fate of said county, deceas' d, lmviu^
hied bis petition, eUtiing thai ho has fully discharecd
his said trust.
.All ptT.-uiH concerned are hereby notified to file
tl«*ir objections, if any rxl*t, on or before tin* first
Monday in September next, else letter* of di-uiissivii
will be "muted the applicant 8* prayed for.
. . DANIEL Pi n MAN, Ordinary.
Jttnc2-4m Printer's fee $i 50
AdmiiiistntorM Sale.
G OKGI \ FULTON COUNTY.
TXYvittiieofnnordcrof tho noncrablo Court of
1> Ordinary of l'ul!on county, Georgia, I
will veil iKfore tbe Court llou-e door, in
Atiiciis, Clarke county, Gcoreia, cn Tues
day, the tith day of August next, wi.hiu tie
usual iiou*s or sale, a certain «ity lot iu the town « f
Athens, Clarke county, Georgia, known as thu «*-4
coiuer of lut • ortuvrlyuwiwd uv Or. James Tutth-y
ami by Patrick Ikirry, b.mmlt a by Patrick Parry on
the southwest, cn the cast hy a street rui nin" pamlh l
with therieer aud ihe nearest street to the river] on
the north by Janus Ikiti"-^, nud on Ihe south hy a
cross street, rui niii" h twvcn tho lot of John
Mathews ami Patrick Bury, and containin'*onc-lislf
acre, more or lc-s. Sold as the tToiierty of Charles
11»"hit*, Inteof said couuty, oeceased, for the benefit
of tiie heirs and creditor-. Terms—Half cash; bal
ance ti month 4 with lut •-ref’ nt 10 ;«cr cenL
CORNELIUS MI LEUaN.-Administrator.
Atlan*a, Ga., June 2J, i c 7-.
JutuSi—n*4Cd rrinUria fre$!0
State of Ooot-Rta. I'ultou Couuty.
EUZABKltt L MINTKB, 1 Lilia! tor Divo ra-.
vs. >Fulton Superior Court,
JOUL L. WINTER, ) April Term. 1873.
TT upjK*. .ring to the. Court, by the return of tho
JL Slu riff, thu’ John L. Minter, the de'cndJUit in tuu
aiiove stated rose docs not reside iu sttd coumy of
Fulton, nor the State of Georgia: It is ordered, by
the Court, that taid John L. Mintcr appear and p.cud
by the October Term of said Court, or thal said *h*c
will proco-d as in ca-cs of default, aud tiiat th s
order lie .pnbll.hed onre a month for four months
previous t » the next Term of said Court iu Tub At
LANYA LOtovriTUTIoH.
By tiie Conn. ARNOLD & FEARS.
A trnc extract from the mi lint* s of said Court, June
23. 1872. U. II. VENABLE, Clerk.
jiincvo—wluraim
ICcrrirJl Kiu riiPN SulCte*
VI/ILL b * s*dd before tho Court House door in
▼ V N.T liyille. ou fie tat ‘1 cirdav hi Auntisl next,
the followin’' property, to-w*t: Ia>ts of land No.
itt*Hr*jr-thre<’ t'.Hj avd two hut-t rd red twenty three
t'2£l) m the nintti di.-tri* t uf said rmiinv ta*vuslon
n- the pro* t rry of . i*H..m W. . iieev. r&Co. to rata
ffy one na fa issued from ilia Superior Court or
DiMlshcrty, in favor c»f Variou Rmk of Georgia
against ClMvver & t o. Pr.-.fn i*ry f ointedout by p'aiu-
tiff’s at form y, this dune 27<h. 1S72.
juiy2-wfw Tilt'S. D. IUTCDE,SheriffB C.
AdminiMirniov’m ftnlo.
T>Y virtneof ah orrire of tiie Honorable Court of
LI OuPnsry of FuUoit connty, i will rail before th*
Court liottae roar, m Atlanta, *»u the flr*t Tnevhytn
An* tin next, city le t No. 28 of laud lot No. 51. in said
city, lyin'; cn Oak street, and rnnnfn!; Inrk to Ivy
street, aud couknnidj eeven-ei^hth# of on acre, more
or less. Sold as 1 he propui ty ot the esf ate of G Laren-
don, deceased, for the heuefl; of .•* ltd estate. Terms—
One-third ensh: balance one amt two v*nrs. with ?0
per cent, in ten* it. M. W. LARKNDON, Adni'r.
june23- wi'Jd Printrr’a fee J5
GEORGIA, CSc.tr}’ County.
Oi:ni.vary’s Optics, May S.h, 1S72.
TABTES TV. ALEXANDER, auniiui-te.itor of the
tl relate of flizitieth Alexander, and :is pnardifitt
of Jobn L. Ah-Xfinder, li'vin-; fully dfa'Inr-cd his
trust, |*!iys for letters of Dismission.
If objections exist, let them uc filed within
sfa'ntory time, 't the letters will lie granted.
Witness uij official rfjm il lire.
Uiri. M. NOLAN. Ordinary.
mayll-w3in Printer's feu si fd
GEORGIA, Fulton Coutlty.
guiicrior Court of said County, April Term,
3873. Present. His Honor, John L.
Hopkius, Jnd;'cof raid Conn.
Francis M. TV.»re vs. JohnT. Ware. Libi.’l for divorce
in srid Court. Rule to perfect service.
T T appe-rln^ to the Co.irt l»y the return of the Slicr-
X iff that tl e defendant In the above stated case docs
not reside it this county, end it fnrrh-r ep(»rarin';
that he doe’s aotrreidc mtaiahtate; it is ou motion
of counsel ord r d, that tlio s*.id defendant app ar
and answer, at tlic next teirn of this court, else tint
the ca^e he conridered iu default, and the plaintiff
allowed to proceed. And it is further ordered. Hut
this rule bo publhm-d in any public gazetto of this
State, once a mouth for four mouth* prior to the next
term of this Court. By tho Court, this May 14. 1S73.
J. Al. CALHOUN & SON,
Pi titioaers* Attorneys.
A true extract from the minutes of said Court this
May 14. 1872. W. K. VENABLE, Clerk.
juucS-wJaiulm
GEORGIA, Henry County*
Obdixart's OmcE, June 25th, 1872.
A A. MORRIS applies for letters of admiuistr*-
il • tiou, de bonh non, on the c tale of W. J. Mor-
ri«, deceased, late of s ad c »naty. Wm C. Lee, former
administrator, having departed this life.
if objection- cxis, jet th-m >>e tiled within EtAta-
tory time, or tlic letter’* will he erauted.
WUncfs my official signature.
GEO. M. NOLAN. Ordinary.
jnnc30 - wlw Printer’s fee ft 50
Fulton Couuty Micritf’n Sales for
Aagu«t, 1S72.
1X7ILL he sold before the. Court House door, in
Tf the city of Atisnta, Fulton couniv, Georgia,
on tbe first Tuesday in Am-ustncxt, wittin the Iwail
hours or tbe follovriinr property, to-wit:
A city lot on the west suie of McDonough street,
betwteu Glenn and Crnmiy streets, Adjoining proper
ty of Rodgers and Farrow; raid lot containing .V of
an acre, more or less, it being jurtof land lot 17i, jn
the 14th district of orisiuaJiy Henry now Fuiton
county, tin.; levied ou a- Ui; property of J. N.
Holmes, agent for w.f , by virtue of ant :o nr >fy a
fi fa, issue J from Fultou Superior Chart in favor of
Rice A Mitchell vs J. N. Holmes, scent for wife.
Property pointed out in fi f % July 8,1863.
A. M. PEOKERSON. IPonty Sheriff.
juTylS—wtds Printer's fee $2 tO per levy.
GEOBpIA, l utiou Conuty.
Court of oroixart, July Term, 187*.
TEROME HEARSE, admini«ira or of the estate of
•J BF Plaster, ioteof raidcouu y deceased, repre
sents that he has fully disrimrg<-d ais said trust.
All persons concerned arc notified to file the’r ob-
jections. if any exist, within the time prescribed by
law. else letters uf disutis-iou will be ^rfinted the
applicant.
DANIEL PITTMAN, Ordinary,
ja!y6—W30d Printer's fee $5
WANTED AGENTS!
Cn HO to I** month, everywhere, male and
V IvU temate, to introduce the Latest in»*r«m>d.
uoet rimtde and perfect SHUTTLE SEWING
MACHINE ever invent od. We challenge the world
to compete with it. Price only #is 00. and fully
warranted for fire year*, making the Ela«tic Lock
Mich, alike on both aidea. Tho same ao all the high
priced Shuttle maci-iuc. Al**. tbo celebrated and
latest improved COMMON SPNSB FAMILY SEW
ING MACHINE. Price «r!y *»5 00, ami fully war
ranted for five years. lbtH» suachim-* wlil Sticb,
Hem, Veil, Tuck, Quilt, Cord, B ud, Braiu and Em
broider in tbe rnur-t superior nunucr. And are
warranted to do al! work that can be done on any
hish-priccd machine in the world- For Circulars aud
terms. addtcaB S. WYXKOOP A CO, Ridge
P. O. Box 2T*i, Philadelphia, Fa.
If you value
titonad from Minute Cryrizl Pebbles,
cr, and dense their came “Ilianond” on aeeountof
their Hardness and Brilliancy. They will but many
use. Manufactured byj. K. Spencer A Oth,
(cw York. Caution—None genuine anleee
th our trade mark. For sale by Reapon-
> Libel for Divorce.
T appi-arifig to tbe Court by the return of tbe
. Sheriff, that the d» tendantimhe above etatrd
: gazette published in the city of Atlanta.
A true extr'.ci from the minutes of Mid Court,
ril Hi k W. IL VaXABLE, Clerk.
jn’17—wlam4m
NOTICE.
c Thompson vs. Martha McCutchin and Thoe.
Compton. Motion to establish lost deed
in Murray Superior Court.
•It* • d indofanlt; ami i
I MAKUFATUR
KU-KLUX, SENTINEL, STONEWALL AND ATLANTA.
They have all been teateda^td have given aatlrfac- m
tioa wherever used. I aieo have a heavy stock of
other Stoves taat I will sell
Low for Casli,
to make room for my own mako of Stove*. I will *ti1!
fell the celebrated CHARTER OAK STOVES ii
connection with my own make.
I also have a large stock of
MANUFACTURED TIN,
to which I desire to call the attention of merchant*.
Any one diwirons of purcharinng COPPER STILLS
would do well to give me a call $bvforc purchasing
-’a where.
Guarantee all my Stoves to gland the Fire and not to Break in Healin
Plates for Stove* duplicated on short notice. Gas Fitting aad PlambingMooe to order.
I* ANaFonp,
J. V. PARROTT, .1. S C. C. C.
notice:
POLLED taf-remesssn «> f -y
L .1 nlv. 1VK. by W. L. lteawbti
i t M. of Fulton oniity. Goo
1» • 1>» <!av of
i the IPSfi Di*-
, one medium
, o il. t ranted
Kddrrx 4*f wifi
wotuy.flw dol
nr day to take
oir hofoi
nkc h
riilt.n iJr* time prescribed
.ions t. cuopkd.
1 rk Court wf Ordinary.
Notice for Icuve lo Sell Land.
TiX)0r- we. k* Siftc r cute appli,alien *w
I to tin* C. u> t of Ordinary *»f Faye
oar wo ks fr in thin notice. f..r !. ay.*
ini’* lielMlifcteij; to thu estate ot .John Gr
aid county, deceased, for tetc ’
aid dcctctcd. JAM
Admlnisin
Ju.ic 2.’, IfisC—iuiitt-w-tw
CEVRkIJIj » li It .Hi t\>
CoCRTi
Jo!
Brenof'siaur nill'ii.
All |H7!-«III* co. r
l»*« ohjirciiou-, if
lisiia C nitty,
rv O .mxanr Juiy Tc m. is;*.
Jonrs aptdicc for let
forth® property of mite
f. e *e tellers wilt lie grained taiiiup-
°DAXIEL PITTMAN. Ordinary.
I Printer's fee $3
(■LOlti.11, fliltuii County,
Cocnr or Oiannsr, July.Tei
I.1ZARl.Til M SM ITU apt*ten for lettei
En
AU perrons concerned, t
i. B.ufoj-d Dinuit.i,
i hrrt J»y notified to file
Notice for Leave to Sell Laud
git, n* ihe first regular term after i-xpir lion of f«
weeks from this notice, Toriesve to *eP the tend- b-
lonuiug to tbe estate of Catherinu Dcvnngbeo, late of
srid eot'ii’y, deceased, for th2 bciuii- of heirs 1
creditors of trtid deceased. JOHN 11. FARit,
Execn‘,or of Catherine Devsii 7hec.
Jii.;e 2T, 1872-jaly-'j-w-tw Printer's fee
AdmiuistratoTs Sale.
Fniton connty
IS 2, by vlrmeof a , order from the
li&ryol auicoamy,
©no city lot. in tbe elfyof M!
ttrite! fronting forty-livu feet on t&id ttr.et. Also,
ota* city lot in tl»e city of AV.ta.ta, flouting fifty feet
8* .Id as the i*r
forth* .urtsOM!
jut. 24 -wtds
*divteion. Terms
II. Pur .cll. deceased.
’"era;s exo-h.
‘. DaVsN Adm'
CiEOUGI.l, t'cKnlt* County,
Ordinary'8 Oracs, April 10th, 1872.
\Jl7IiBIIEA?. Thomas J. Akius, guardian of Each-
' l ary T. Wtiglu, minor heir of Spmicer I*.
Wri lit, tleceas d, having applied for .Idler* of dls-
mteKion from sahl trn* t.
This in, therefore, to cite nod admouteh all per-
.sons interested, to Imand aj»|K-nr at my office, to show
can re, if any they can, within the time allowed by
taw. why said lettcis hliouid not he grimed.
Given under wy hand, at office.
W IL WEBSTER. Ordinary.
flprlS-woamlm Printers fee $1 50
ULUikLlAi I'u!ion t’oit 'ty
W. P. Light
Fniton
perfect si r
I T npp anng to the ronrt h
Sheriff that ihc tlcfc-iutaiii. j _
hie iu this county a* d it fnrtl7craj»p4»ridg that
. it
she dues u«.t reside iu th _ . _ _
counsel ordered that 1I10 said defend'd
Li -.lit. appear end mower a' the m xt t
on mutton
ordered that thi“ rule be publislf-d iu any public, ga-
A tme csire
Ihta Ma ; 11. te
r rom the minutes
72. W. IL VENABLE,
Clerk.
Guardian’s fcalss.
B Y vViiii or an order fr. it* the ho< on bte- C
Oidtnaryvf Futton coim v, wii! be'.old
let Tutsilay in August next, 1852, lierore the Con
llou'cdooi in r.*u<* conuly, lietv.'ien the legal h**u.
of rale, the following described land, to-wi't; A nti
lit lying and being in tbe cllyof Atlanta, in the lit!
Fulton county.
« of the city
the lot. owned by tt- _
AlUu'n. afid h>M as the U’ o]*-i y of '4. .M. fi’ CarluTii
as gnardtan of his st>p, Wm. How- id C.irlte»n, for the
benefit of sud ward a "* *
GunrdirtU of Wm. li. CarlU
AM SELLING GEORGIA MADE STOVES*
maroM7—d&wtf
81 Whitehall SlrcoL
Fulton SlicrilT's Siilcs lor August, Fnlten
* 1S72.
W ILL be *oM before ♦ bo Conn lloncdoor, tn t
city of Ailanta. Fulton connty, Ocoig'8.1
tween the legal hours of -.lie, on M*v fir*4Tiu*>ady
Angu-t next, the following propeily, to-wit:
ttb district of originally Pci
G’»r”i*;>hs|t * * * *
nd lot >0 SI, in tho
vr FnMon cornu
... ward 5, fn» itimr
h and Wallace sired*4. in the city t*( Atlan-
ut.vnlng 'a acre, more or lc-s, adjoining Biv-
propertv. Levied on a« the prnncriyof M II
rcv. to sM>fy a State aud county tax fifafor
X for INTI.
i>, at the simo time and p’are. part oflai*d lot
Xr» M, in tbe 14?li dl-trict of origin-dlv ll-*nry. now
Fulton connty, ihepirt so lcvi»d on > ii
hg on Fair street, in tin* c*ty of Atlanta
arrs. mure or loss, and adjoining th*
'etbo
3 and
propniy of Uastett and .font*.
rr*HH*rtv of Mrs K. A. Brooks, to *
tax fi fn for h. r lax for 1871.
at the said'* fine find place, part of lard lot
NoM, in the lf’h district of ontrinal.y Henry, mwr
Fulton countv, Gosnria; the o-tri m» levied on is in
ward 7, fronting on Houston aud KHis streets. In the
ctev of Atlanta, containing S acre, more or less, smd
djoining the pron rly of Hitchcock and Gavin.
Juviedonas the projs-rly of F. \V. Ik nion, to satisfy
1 Mato und couuty tux fi Ca for Ida tax Cor the y«
1871.
Alao. at the atm* time ami place, part of land lot
•vard 3, fronting on M irtin street. In the city of At-
l-inta. lout.iiiiin * l ( acre, mor<*or bws,ai*d .adjoining
ihc property of Finley and ilulwinc. Levied
:h * leo. iriy.tf 1s. il, Carter, t*» satisfy a Slat
.oiiuty 'ax d fa for bis tax for 187’.
Also, at tho wime lima aud place, f ind lot
No 81. in the 11th district of originally Ucnty,
Fulton con.ity.Gt orgta; c:»iitaiui'ic: aeie, nn*re or
. T.' vl. d 4»n rs the t*roj>crty of Thus. Dye, ttrtce
wife, to satisfy a State ar.d conuty tax a fa for hi
for tltc year lt>71.
Iso, at the same time ai d place, a part of land te
X6 Ft. in the li b district of originally Ifenry, not
Fniton count v, Gcorvi i; the i>;irt so fevie-Jonis t
ril 1, flouting on Davis aircet. in the city of A*
l.mta, containing SO by 1.:»feet, mo 10 or Ms, and »4-
A lot in the city of Atlanta, fronting four bnndrvd
fevt. more or lens, 00 tbe Somh side of tnarke strer*.
find rnaning from Mrlkmnngh ulitii to FrtarrMm t
taiving a ftont of «ho* hnmlrrd fo t. more or less* «hi
•nch of said strerte. it Wig part «*f I -ml bo M in the
kh District of oH inaflv Henry mv Kniton «**mntv,
fix Laicd 00 aa the property of V Kp-Mtng by vir-
i|*r of and to satisfy a fi fa issneii iron* Fulton Saire-
riorCmni fn favor of Mnndir * M.rri.im vs V
ing. Property point.-d oat in fi fa. Jnlv Mb. l»Ct
Also, at the same time sml ffiare, a b* in the city
of Atlanta, cnn*aining «wie4i--tlf acre, more or tans,
situated on GmbH, Fors vIbainlF.-tirl y streets, aad fid-
joiofng Hh- |wo|ier*y of Slnnig. On mid lot Is a two-
st.wv. brick d wPiag-inmse. levied on os tire proper!v
of Alt', .line it tsfmmomi by virtneof and to satisfy a A
fa. issn.a! from Pulton Fnpcrior IVmrt Ip favor of
William fxvwe vs Mrs. Jane K Simmons properly.
Potnteil oni by plaintiff's attorney Jwlf 5.1W*
■'K at the same time and p»a©e. a two atom brick
iKinsc mealed in Dm? town or West Rod, siUwted on
pnrt of land tot. 107, In the Uth district of orieinaPy
llcnry now Futtoa connty. tk. Isnrted on aa the
properly of A 1. Uoyd, by virtneof and to satisfv m
fl fa issned f.otn the Justice's Court of the ftttMh
district O M. in favor of James C Bowen va A L
Ikiyd. fifty made by Frank L. Little, L C, and tt-
d July 5,181*.
of stcond server
joining'lie property of Chester. Levied
property of Jonn J. Garvey, to satisfy a
and county lax fl fa for bin tax for the year 1ST!.
Abo, at the Munotimn ami place, a part of land lot
No. 81, in the Uth district of originally Henry, now
Fniton county, Georgia; the part so levied mi is in
ward], f;ou:lngon Walker street, iu Up* city ot At-
h.nta, rontainin njr l-’fi acre, more or Jc;s. and ad-
joining the property of Hsrd-'-e amt Fin. Levied on
ns the property of M*s. N. A. Wheeler, to satlafy a
State r.ud c<*nut y tax fi ta fin her tax for 1S*L
Also, at ih.i earn ft time ami place, a part of land tot
No 121, In the Hilt district of originally Henry now
Fulton t ounty, Gcor-la, containin" % acres, mitre or
lc**s. Levied on as the property of lhluard White to
sati- fy his S ate aud county tix fl fa for his laxca for
tho year 1871.
Ai-’o. at ih» snmo time and pi are, Carre", mr.ro or
le-s, of part of land lo! No.lJ iu the ldtlt district of
origi w.lly Henry now Fulton conuty, G». Levied on
as the prOis-rty of P. 0. Wdatfr to satisfy his State
ami county tax fl in for his taxes for tbe year 187!.
A 1:0. at tbe Fonc time and place, .V acre, more or
le*s, ©f part of laud lo? No 112 in the Mth di«trlct of
originally Henry now !• uboit«onnty, G.t. Levied on
as the properly of Mr*. K. D. Thonin* to satisfy a
State aud eouufy tax fl ta for her tax for the year 1871
AT*o, nt ihc same tiirte and jihcc, mrr of land lot
No 4^. in the 14th district of originally Henry, now
Faltem • oumy, «eor»'F>;‘ tl»e y-ait so lcvitd ou is in
Ward a, f-onting os Grant and Anderson M'-cris, iu
thecity of All trita. contatairgSacres, more op less,
end adjoining the property of tho color. <1 church.
Levied ou as ibe pvo|s:rty of G. W. Stocking iosati*»y
a St iteeml cottuiy tax fl fa for liis tax for 1871.
Al o, at tho same t me and place, n part of tend lot
No 6, iu the 14th di* trict of originally Henry, now
Fulton c ruuty, Georgia, cou'aining 15 scree, more or
less. I. vied ott :■« the property «>f It. P. San inters to
satisfy it Stale aud county tux fi fa for his tax for the
year1U7I.
Also, at 'ho same time and plsc*, pnrt of land lot
No7?, iut'c 14ih di-.rict c-f origlualty Unity, now
l nl'on county, Georgia; the pan *o levied on Is In
Ward 5 front! g on Uayd* n amt Biker streets in tbe
C’tv01 At’au'.i, coataiu ng J* nioieor less, and
atTjoiniiig he p.opcity of lVidne and Cten‘haw.
Levied on n- the prop* riy of J D. Robinson to satisfy
t btnlcand county tux fl ta for his tax for 1871.
and plate iwn of tend lot
>« time and plane, Ma Non 4 and fi
of the Lynch l•rnlftrrty. in the city
» « fronting Mo feet on CteattaMm-
j bark to lot No in of said aormr,
mid kit No 4 I.winr in the some Mock, f mat lag fifty
feet on an ally ami Mlnaled In r nr of lot No 17 nt
mid survey, all being hi land lot No 82 in the Uth
district of cnginally Hrnry now FolCte.n county. Un.
Lev if* I by Virtues of and to satisfy an attachment •
faI itwvrd from tho Jartkc'a Coort of Um mtlhdis.
trict, « Jf, In favor of John R Wallice va Josepli
Fry. Levy innde by James GampMIt, L C, mad rr-
ttimed to toe J«ly 5th, 182*. •
Also at the same time and place, a tract of Und ,
containin'* .*3R'.Tt S, situated in tbe smtibwcst enns
of tend Iof 117. In the 14th distrh t of originally Hen
re, mow Fallon comity, Ga.. bnamM west hv it J.
an Ot. mOTTOrof J TM.ri.l -., H. rirMri am! ti.
aattafy nlM* fa. lam* front the JaaUraV IriM*
fiSflfc 9 M. In faaor >if Kamnrl llama mi
TAtoWiK I-*. tnMah, JttTburopaoo,l.i;,
ml r. tinm.l lonKi.Tnty.\ !ST.\
AMatttomlhK ■* ptam. a city l«t In n.
taty.if Atlanta, cilnatnl in a* Omeoncr of
” b “«l» P*»l«* tin-ok! ronnd. l.H.
cnnt.hilim f.fty ky one hnnriroi! an* throe fed. It he
in : part of UMIM f.1l. tiro Mlk tllMifc* of crirtn-
ally Hunry tww JJilio. roairty, UronU. UM ta
mtlie t»ro?!erty of Joseph *-rv by yirtoe of and <0
rallafyf* te jgisj* from ffiStSto? OrortTf IM
HMdl tlutrict O. M , I. fatnwof J11 Love n> J-.—v'i
fnr. l*c,y me*, w J B Ttrootnao. f c. and nt-
taracd to uio Jt ly S, 1SR.
.01-1. at tboaa.^ not. Mid plant, Und lot 1SI la the
MI* dlarilc* of orMnally Henry no* Folio* ronnty,
Oa, OMlVnlnr raj.v aerro. mom nr In*. Aka. a
telning ro arvm, more or less, commencing at the
of land lot S08 and running wwt
Fall*
i year lbll.
i, a. uie ijitn'jtimei . .
in the 14!h di*-iti**t of ortginally Ifcury i
andpb e, patt of land lot
canty. Ga. The )urt so levied on la in ward
lining **• by ItO le. t, mote or lcs«. on Marietta
bire.d. i’-i the* i;y of Atlanta, and adjoining the |»roi»-
orty of Weaver and Mnrjfity; levied on as the proper
ty of J. r. Uryuarxt ’o saririy .1 btatj cud conuty tax
fi hi forli-s tax for tiie y* r 1S71.
Ateo, ntUie s; me t lmosun* p’ac*, part of land let
No S1 in the II;b ristrict of ortgiaatly Henry now
Fulton cotiuiy. Oa. The |>art to krvi.d ou is in ward
1 fronting on fJiioltaud'Jhniinoudattcctsiuthocitv
of Atlnni.*(. containing *$ acre, more or less, nud a«i-
joins tho properly of liorrit ou, levied on as the prop
erty of J. K ih ynolds. to satisfy a blue aud county
tax fi fa for las t’X for the year 1871.
Also, at the fume time and place, part of land lot
No 78, iu ibe 14th tltatrict of originally Henry now
Fultuu conn* y, Iteorgia; the part so It viud on te tn
ward 5, front ug ou l.u teie and niutpson «;rccK in
the city «*f Atlanta, coutaiuiug Jf acre, wore or I- Sf%
- ' iQoiuluff *’ J " ' *
4 he t:ro|K .ly of Thru*-her. Levied on
r of 4. S. Morris to sati-fy. ab *
a I or bis tux for the year 1871. .
time ami pluc , pan of land lot
couuty ta
AI-o, at the *. ..
'\oin the 14sb (li iricl of origindly U .
l-’nlum ciMimy, Gcor. i..; tltc \rnxt to levied on i.< iu
wardfrom mg on John street, in tliecl’y ot Atlanta,
coutaiuiug ;; acre, more or U*r?.atulaejot«sllte juop-
rty of Crockett r-nd ttj» -rks. Levied on as the jKojr-
Al*o, at tbcs.-uuu time sncl p’.i'c. jiart of tend lot
No 18, in tiie 24ib dirlri« t of originally Henry now
Fultuu county, Georgia, conlrjtuing 25 seres nio/e or
* • - * . lJ|C |, n ,| Kr iy 0 f Hunt.
-Staic and * cunty tax fi fa for bis
Levied «
trustee, tortilla _
for the year 1871.
Also at the *
■1 iu tie Mill dir
on cotuny, Georgia. *J Ii
. (art so levied «mi in
Davis street iu the city of Alhui 1 .
>, and adjoining thu
• he Itih district of originally lli u-v n
ty, Georgia. The ... .
Un: cily of Atlanta
v Pillion
LEOUGIAf Fulton County.
Coctrr op Ob&our July Term, 1872.
E N BROYLES, adnrulstrator of the estate of
• Richard Johnson, late of said county deceased,
applies for leave te sell titd load belonging te said
estate.
All persons concerned are hereby notified to file
th»*ir objection*, if any exists, on or before the flret
Monday in August next, else leave will be granted the
applicant to evil said land as prayed for.
DA>I£LPITTM.
julyfi-wOOd
Frintcr's fee $5.
AN, Ordinary.
Frill feALIi LOW.
STEAM SAW AND GIUST MILL on S A
IL E..Ahihan..i,wiih or without LODOacie^ Pino la
For particular*', apply lo CLARE & GOSS.
JnljC-iBtiw;m Attorneys, Atlanta. Ga.
Georgia, l'uiton County.
Onin.NA.UY 8 OmcK, July, 18, 1872.
C LARA THOMAS, p.o. a, lin8a|iplicdfor exemp-.
tiou of pcrsoualty, and I will pars iijxtn tiicejune-
J® oclows A. St., at. toy office, on ihc SOihduy
of July, Jt7*.
july!0-dJt£-v2t
GEORGIA, Fultuu f-ounty.
Ora>tKAnv*« Omct, July 18, I<
M RS. W1LUEMA EDDLKMAM has nppiitxl for
csempUon or personalty and retting .i|>nrt ami
VAiuaUon of i*. hwncMfftd, and 1 will ni>*»n tho
fame at 10 o'clock, a. si., ou the 2SUtlx day of
Jaly, 1S7C, at my office.
DANIEL PITTMAN. Ordinary.
!u!yl9—dltffw2t I'rinrer’a fee Si.*
GEORGIA, Fulton County*
Onnmanv'a Ornc*. July 18, 1872.
M RS. EMMA URAEKI/I'ON applies fo**exemption
ot pcr*o»mHy, amt I will uinui the mmc at
10 o’clock, a. at., oa tbe 30th day of July, 1872, nt
wy office.
DANIEL PITTMAN, Ordinary.
juIylD—dlt&wCt Printer's fee $2
Virginia Jlilitary Institute,
LEXINGTON, VIRGINIA.
PP LIC AT ION foUadmifrion into this institution
arc now received. Cadets admitted will have the
peculiar advantages which this important Shite In
stitution supplies, not only its Liberal Scientific
Course, but in its rtr.-ctivc Military discipline.
Catalogues will be supplied by application to
. FRANCES H SMITH, Snp?rintcndc*nr.
juiyii—wt sep-lst,
School Furniture.
J HAVE Fifteen, second-hand. Double DESKS and
vriAIRS, which I will sell at a bargain.
Apply to W. A. HAYGOOD,
_ JnlyW~w»t Box V,\ Atlanta, Georgia.
Notice to Debtor* and Creditors,
Hot» CditaTV, Gtounta, Juiy 1st, 1872.
A LL persons having claim* ft gainst the cate e of
+\ Winston R. South, dcreas.d, will present them
as required by law; and all persons indebted to said
deceased, wilt make immediate raiyment.
N. M. SOL Tit, Admirlrtiator.
juiyU—w7m Printer's foe (A
GEORGIA, Henry County*
OrtD’XAnr's Omen, July 15. 3872.
M ARY E. DORSEY, guardian of Henry Dorsey,
reprrecrita that she has fully discharged her
trim and prays for letters of dismission;
If objections exist, let them he filed *•’♦»*«•*
Statutory time, or the !eu«*r- wtU be granted.
Witness my o^-‘-‘
Jalj21—w2a
G EOUGIA ,Hc ii ry County.
Oantxxnr'a Omcr, July 22, 1872.
being reprc*w.*nted to me that Len Turnii/teed,
uceased. late of said county, departed tins life
tatc. aud J. C. en>l J. W. loruipeced having pe
titioned tbte Court for letter? of admintelration on
estate of said deceased, notice Is hereby given that »bc
letters will be granted unless objections are filed
within statutory time.
Witness my official -.ignature.
GEO. M. NOLAN. Ordinary.
3 uly21—wOOd Printer s fee t *
y, Georgia. The pan w> levied on te in \V:ud 4
«: city of AU.Miia, containing % acre, more or
ii **?, and «Ijoining the properly of Znnmi-iumi and
Wntery amt Kdwanly estate. Levied on aa the prop
erty of Edward rn>laut lo satisfy a Sta cand county
tax fl fa for bis tax for the year 1871.
ALo at the same time awl place part of teml lot No.
45 in the l l.h district of originally Ucmy now Fulton
county, Gi-o.-uia. Tiie jert so levied on te in ward 4,
fronting ou alley in the city of Atlanla, containing
sere, *no:e or less, and adjoining Ellis. Lcvli *
the property of A. II. riuaaan »o Kiiisfv a S
county mx fl fa for his tax for the year 1«L
A ho. iu the annul time ami place, tart of
No «r», iu the ll:h district of orig’itaiiy Jlouj, «iow
Fulton <on lily. Ga. The patt so levied .mi is in Wan!
5, fronting on Finn stniri, in thecity of Atlanta, cou-
t.-ilniug V acre, more or teas, and adjoining the proper
ty of Ituugherty and Dobbius. Levied on aa tbe
projicrry or Jane 11. Ga-don to satisfy a State and
comity tax fi fa for l«r tax for tiie year 1S7L
A*! tb« lotegoing promsly pointed out by 8. I
Hoyte*, T. C., July 8,187A W. D BROWN.
Deputy Sheriff.
cfX 50|K.*rlevy.
jn.yO wtds
Printer's fee I
AD.UIMSI RATOR'S KALE.
Court of Ordinary of Fuitou roeuty, will beaukl
biJorc the Conn House door in the city of Atlanta,
on the Sleet Tuesday in August next, one House ami
Lot iu said city. L it fronting on i*ast side of lVyur
s’ reel fifty l>y one hundred and fifty fret, between
Jas. J. Meador aud DorMJtL House two stories with
six rooms, passages aud vnmudabs, aud kitchen, with
two rooms. Improvements all new aud good.
The r.liorc parcels of laud making cno-sixlh inter
est in the settlement of is '
of Carrollton, aud known
All of the above mentioned property to be fold for
JKO.T. MEADOR, Administrator.
GEORGIA, Henry Connty*
Orduvart'a OmcE, Jane 28th, 1872.
/"lOL M. DICKERSON, guardian of Was. W. Dick
Vy won, applie** for leave to sell lots and portion*
of lots of tends Noe. llfi, 117, KK, 107,!(«, lWt, 110,
if.’gregating about 1,000 acre* in the «th District orig
inally llvnry now Newton county, Ga., for the pur-
I*oso of>iTt!]Ing claims against raid ward's inteiX'SCctc.
If objections cxieL let them be filed within statu
tory time, or the leave will be granted.
Witness my official signature.
GEO. M. NOLAN. Ordinary.
jnm:.-»-w4w Printer’s fee $5
IVOTICE.
JESSE THOMPSON
MARTHA '.MrCUTCH EN,} rioc" CourtT"
and
iTUOa. COMPTON.
county, and it further appearin'’ that they
side in th<( State. It ia ordered tiiat said defendants
appear at the next Term of ihc Court and defend, or
that the caae be ronridi red in default. And it Is
further ordered, Tiutt publication of this Rule lie
made in The Atlanta Constitution, n ncw>paper
published iu Atlanta, Georgia, in terms of the law.
„ J. K. PAkROTT, J. S.C.C.U
Granted April 9th, 1872.
JOHNSON & McCAMY,
Attorneys for MorauL
GEORGIA, Mrniur Couxtt.
UI.M. Leonard, Clerk of the Superior Court ia
und for raid county, do hereby certify thm the above
Is a true and correct tractcript from the ipinnic*t of
the Superior Court. April 15, 1872.
aprla—wlanrim
. LEONARD, Clerk.
GEORGlAf Fulton Connty.
Cot'ET of Onotyart, July Tcim, 1872.
W HEREAS, William A Powdl and John J. Pow
ell, administrators of the c-uto of Chaiunan
Powdl, tele of raid connty deceased, i
tera of dteoriseion, repreaenting that i
dir-.liaised ihicr raid trust.
northw.vt rornrr i
NVwnan rood, theocc northwest
fiettoastakeonf _ _
to Gr m's corner, tirenee enai to timi and Wester*
Rrilroad,thenc*j eoathwarrtlv to Kidney Kant's edr
neroo the right of way of Mid tallreod, thmmem wot
r 'T* 9n thr .^Tl boandanr of lot No 10# ton
Rl tke, thence south 850 fret to Lnckhari and Donne's
corncrttewce wortl485 fort tn'the west Jbmindary of
land lot 106 ton stake, thence200 fert to Urn karln-
nins. All Inncd on as prop. itv<rf Edward White by
vt-fae. of and to tati-fy twofl fas tesoed from Fniton
Edward White, m«ker, and V A I
and one "K*!».t Edward White, maker, and K it Has-
^TTim po1 * 1 * 1001 bj ‘ ,uuu<r '*
&
!S»-, l»rt ofUmS IM fi hi Uro'fltib*!roS7 3
—Jl* Uraqf.irow F.ltoo oroMj, U-rldon
piWTly of Pot, Weekly hy vitton of lad lo
LlOth dl-rtcl, «. M., I. furor of OUM.M. ml
Chaleo r . iv. Weekly. Ir-ry mmO. hr J. IL Thoap-
ooo. fa. C.. mo! rolor. od to am My MSI*.
.Mm, ol UroromotloMml j*roe, Uro Ilf. of
C-V-')>n’>»o« , a i O» raafriaei ooo ei-hlh t.ter-
e-t of Gohe Vullollno lo Uro foDowlog derorihnt
liroprrty lowlt: A tet ud Uro improremmt. Uroro-
(.. frootlier lwen-.y^l^t feet «• Uro tronlioert that
of Uhllctan 01re«, lo Uro.iuh vud of llro eltyit
AlJml. nd ratendlox Iroek to Brood .Iron, h.rli-1
from of forty-two foot oaBrool otroot. MM.li, the
j-roi. ny of HoodcM aod lIoIhroolM, II hrfror iivt of
I&ud lot Tt lo the 11th dUlrict of orlffloally IIwiry
now I ollntt roooly, Oo. Lcrled oo w, the fimiierty
of tlicruld Mne O.oodOuIro Vali.tluo, hy rlrtnett
!L* h i l ¥ i , ta, !> <*« Jwtior.OrorTOf
MPW.'fiKJ?; 55* tm* <if nui am.
Mr*. O. V.UoliW) .Od «Mro V.llollwv lrory orode
hr^K.TlMminoM, J.U, ad leforaed to me Joly
l . hc rawro lino mid ptaca. lot. Wo. ta. n
mol Mof ihcLyorh norroy, rv h rmotlou «fty fort
on UrotMhoodroo mol eytrodln? hurk w.-rt to Ten*.
"f J K.WMkmulrofow iTirUd IM Ht of Uro HU.
Dohirt of orlulmny llniry, now Pollrro euo.ly.tfo,
“ t, by vfrt
Levied c
O’.od.o -Art»fr two «. f»*. iMTOd fionThe jnMIr.-.
r«.rt or Uro UltilU Oi- irlcl, U. M., In kr. of l». II
»r UB «. dooum Piy. I cry mod. by J iL Tlup n
wd», L. C„ and retnrued to me Joiy a, 1872. V
Also, nt the haute time and place, n boose and hd
Atl.tir
on ns Uhj property or Mrs M A Holmes by vfnne of
Holme.. Lerfe. ni-.i'e hr .1 It ThomiMao. LC. ltd
n'litrtiwl li> Ma.Tnlv 0,1, lea.
relnrnal to roc .Toly 8:H. I8TA.
AImi, .1 UroraroeUmcoud |,Uee. .homed lot tn
the town of Wert I'jH. tlnmwl on UrooonoTor lew
,nd I twin Klwet^ Wild lot rontniuln. !fj hy 900 fo-
once or Ir ■, Hbel.- th.fot.oMhy ItmhlrwlD l»A
Llfoyd. >M'ioa- wrtaflaml totSIB, ta Uro 14th dfo-
trict of or xiunlly ll< ury, nos I n]tun cunnty, ll ft
Levied on tlteprojv-rlv of AL Boyd, by virtneof
and to aati/fy assy min Itew ff fa lamed from Pulton
luw 8,187*.
.1 housvand I
cand lot In
Uoyd. Property pointed it
Also, at the rorac time and pis re, a
Um city of Allasts rontainfm? % «
Immenrweet.fnmuin no roM otroot 10(1 ftro ami
Cxtendio-bock:*.mcwtdlhloKlmiMoMatrort. fTriad
°a " SllKi 1 * qf Wllllom I’ llantmoad lo vinoe
O’ rad io ulwfy .# ’« h owl from Holton Sr„Tinr
gmrt >« furor of U.oreo ■ Clhnon ro William r
Hmnmtmd. I’rotvcrty pointed eat hr pUinUir. at-
tornfty July ffih, 1872.
‘ A’rti at the mm*s time and place kits Nos. 1.11*.
I.S.M. it,is,si,st;st,sa w to. m nd * it tiro
I-yoeli propor'y.a .arrayed ter H. H.Thijowm conty
surveyor, and Mild hy Grorj^ W. Adair. «wch uf Mid
lot. root, loin- W hy 100 frit, more or hramii. S3
lot 83 in the ll'h riteuict of originally Henry now
Fulroj, coonly* Gteor ia, and nteo two citTkda «m
Meritt avenue mid Ivy M/cetlai nudetty and manly,
cnui.niiiRf; % of anarre. morn or less, hounded IM
tc * h^TakShteriA”
av«Mc 1W feet, hrian* part of Una tot ho Tn dlatrict
and oatnty. Levied un as the I
Fry by virtneof $
find from Fulton
fi J«mes vs -tf'-cjih 1
fa, July 8,1872.
A. M. 1
joljli-wtd. rn.h*’«feo6S5*irorioT7.
Itorrleu County MieriIT’. Male.
TXflLL lie roW on Uro dirt Touloy In A.70M
Two hoiitlrcd two and ooc-halr oeroo tM lot of trad
gpSxgS^SESs
tesnod rrom the Jorticu Cuartof the HCnh l)i.-tricl.
J 5 fjx ,n (”»o(W W Boyd acainst J J l*arrish aS
UN Parrish, and also <m« teoul from the JimUcw
Court of _tlw ,il£.7th District, G M, In fawn of
Ihst IX Parrish. J J ParrWi
‘ plaintiff.
hhepurd & Griffin against 1
^1103. D. 1 (ITCn, Sheriff B, C. ,
]u!jfi-w!d« IMntcrto foots SQper lory '
Fulton County Slterifn* Sale lor
September, lsXt.
IS. m*
«nmty,Georgia,known as IUrrett'g
Mill** Levied on a« the property of W J Ztonctt. he
virtue of and to nttefy a mortj^c fl fa, iMuedfrom
Holton bo odor Coort, muni at J«ra.lTbSraS!
SUhisn^ votided 0.1 1. * Iu, Juuirory
, , J «* PBMBBSO!!. DoootyShdff.
julyll—wtdu Jfrtuter'u fee pro lory
DcKalb County SbcrUn. bale,
XM ILl, boMl.1 Iroforc Uro Ooort-hooro doorla.S,
IV town of Derator, UeKulh connty, ou the Dm
Toenluy in Angott next, .UUn Urolwml branof
tele; to; folio. In- propery. to-wit: —“ —
The north Irolf uf lot ronba rcreu (TL und tort.
«« "f.h” "”>•»forty-nine. In Uro 15-h WrtrtctM
orisinally Ileory, bow UeKulh corny, Ueorrln.
Buried on aa Ihc. properly, of TH Honlsnoror^to
Mtiofy uo utucinscnt iaraed fraou UcKu'b Supdor
Co«nloforotof <lolcodoC Bordett rad BUCtak.
u.l B lnirtrutero. of Bcnjoui. ifordeU, deealaed, ra
i r Jioutffooiwy.
, JAJIKS lUHTTZa ShertC
JolyS-wtdl Plintor o foots M par lory
milon County HhrolfPi sale for
Augnut, Idk.
I'd licforo tho Court U
Alpharetta, Gcorrlu, t
I*?" roTO. un the dm Toeaday I
tbe followinj, property, to-w:t:
■avwsa
«S. ITO^yM^^nifc-ro”ldS,°lSyuVfjfo.ra
b ’ ° r
GtOKGl.l, DcKalb Connty.
OKOutxnv'C Ormn, duly I.Wtt.
AM Perrons concerned are hereby notified to file This K therefore, to notify all persons conrerasd,
their objections, if any exist, on or before the fret, lo tile their oujectious, if any they have, within the
Mou-my in€)ctoi>er next, else letters of dismiaeioa , time allowed hy tew, f'«c letters will be granted said
PIT TMAN, Ordinary.
Printer's fee $5.
i applicant aa applied for.
W. SL WEBSTER, Ordinary.
july3-wlw Printer's fee fk
[inoistinct print