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TiEIEI ATXj-AJXTT-A. WBEKL.'' 7 ' gJTTTsT A.FRIIj 1. ISTO
fl’HE ATLANTA SUN
no v irv. «. of Philadelphia.
The distinguished gentleman whose
■anu- heads this article, is, doubtless,
known to many of our readers as one
who, in days passed, acted a somewhat
prominent part in shaping the politics
of the “Keystone State.” The highest
Federal position he attained, we be
lieve, was that of Minister to China.
It is not, however, as a politician we
propose now to speak of Mr. Reed.
It is as an author and a man of let
ters we now refer to him. One of
the most interesting new publications
which has recently come within our
notice is a work from his pen.
It is entitled “Among My Books,”
and issued from the press of E. J.
Ilaie & Son, 17 Murray street, New
York. The volume is a small one,
»nd consists of but 2T0 pages; but
we know of no better service we can
at this time render those ol our read
ers who have a taste for good things
of this sort, than to call their atten
tion to it and bespeak for it their
perusal. Mr. Reed, in his introduc
tory remarks, speaks of his labors as
“An American Student’s rambling
notes on the literature of his mother
tongue—and that student, not a
technical scholar, but a professional
man, who lias always had to work
hard fora living, and now, when life
is nearly over, finds all that is left to
him in the memory of his books.”
The general character of the work
is thus well set forth. It treats ot
many subjects—History, Travels, Bi
ographies, Sermons, Theatres, Novels,
•to.; and on all is not only interest
ing, but highly instructive.
The author is a brother of Henry
Reed, so dear to American students
and scholars, who met his untimely
•nd in the ill-fated Arctic. The sur
viving brother, in style and sentiment,
reminds us most vividly of the excel
lencies of the departed one, whose
death was so much lamented at the
time. One of his striking character
istics is general good will and per
fect freedom from all malevolence.
The truth he is seeking is a
just estimate of the books and
•liaractera with which he deals;
and his vision of this truth is always
•lenr ; while its communication is
msy as well as refined. His scope is
wide and extensive. Ilis ajsthetics
are catholic. In his little volume he
lias room for oratory, prose writing,
poetry, painting and romance.
The short essay on the Napiers,
and all that is said of the novelists,
•specially of Thackeray and Scott, is
particularly commended to due con
sideration, as well as his notice of
Lord Palmerston and his appropriate
•ritique on Blackstone’s Commenta
ries. Ilis chapter on American Ilis-
tor y is instructive. No small effort has
keen made, and is still being made in
many quarters, to bury up the great
truths of the History of this country.
Neitlnr time nor space will allow us
to say more now of Mr. Reed or his
book. Suflice it, in conclusion, to
add, that its tone is particularly re
freshing and cheering to the people
of the iSonth. From beginning to
end it is full of sympathy for us, with
repeated utterances of merited praise
•f several of the great leaders of our
•ause—tl at cause which involved the
essential principles of Constitutional
libe rty, (based upon the great right
•f self-government, which underlies
the whole structure of American
Free Institutions), and which can
■ever die, so long as a devotee
<rf those principles shall survive to
do homage to their shrine.
"We said in the outset we did not
propose to speak of Mr. Reed as a
politician. The hist remark was only
incidental. The work is not one of a
political character at all—nor do we
■peak of it as such—but still the bare
“seen! of the roses” makes it the more
agreeable to us. Let all who wish a
teat get it and read it for themselves.
A. H. S.
THE “MAN AND BROTHER.”
It is stated that the Georgia (real
aigger) Minstrels were unable to ob
tain hotel accommodations at Deca
tur, Illinois. The landlord informed
the sable musicians that his rooms
were full.
The average Georgia nigger would
■ot have expected any better treat
ment even from his Radical brethren
beyond “Mason and Dixon’s line;”
but, then, these minstrels are cultiva-
ted gentlemen and musiciaus, and
bad a right to expect all thehospitali-
^ due to them as men and brethren
*om their political friends over the
■order. They doubtless expected
•qual rights to the fullest extent from
? e , freedom shriekers” of Illinois,
jut, then, you see human nature in
SPIRIT OF THE GEORGIA I RESS.
In an article on the last payment
of the French indemnity to Germany
about to be made, discussing the
financial recuperative powers of that
people in having paid, since the
Franco-Prussian war, *200,000,000
as that indemnity, the Savannah Ad
vertiser thus refers to the war debt of
this country:
A decade, nearly, has passed since
our conflict of arms ceased. Our
debt is not paid, if decreased. Our
people have not been reunited. Pro
scription still mars our statute books.
Soldiers still stand guard over un
armed men and women and children.
And in the highest councils of the
nation our rulers are shown to be not
only politically corrupt, but person
ally dishonest.
The Southern Times and Planter,
on the adjournment of Congress,
CMr»* POUCH COURT
thinks that it would have beeu far
better for the country had the num
ber which marks its place on the cat
alogue of Congresses been left a
blank, aud congratulates
—the nation that so many of the
members of this Congress have looked
for the last time on the places that
have known them for two years past,
and we rejoice in that provision of
our Constitution, which enables the
sovereign electors of the country to
hurl from office the men who so out
rage and misrepresent them.
Speaking of the Atlantic and Great
Western Canal, the Savannah Repub
lican says that Gov. Smith has shown
himself the hearty friend of the ca
nal, and will, no doubt, at his dis
cretion, carry out his purpose to con
vene the Governors of States inter
ested in this work, and adopt some
plan of combined action. The Re
publican thinks—
This canal can easily be built; it
needs nothing but the moral support
of the people. The voice ot‘ the peo
ple must be heard, however, and the
Governor must lead them. United
action must be lmd. It will not do
for the State of Georgia to sit indif
ferently still and wait to see whether
the energy displayed by the Canal
Company will not succeed without a
word to push the load they carry.
JUDGE ERSKISE S DECISION.
The Savannah Republican thinks
that the current of enlightened pub
lie opinion of late has set in most
strongly against the system of trial
by jury, and its fiction of the “twelve
impartial and intelligent jurors,
seem like Saxe’s “ Model Husband”
—in a dream—but rarely on earth,
and more rarely still in a jury box,
and adds:
But when we are to have superad-
ded to the chances of this lottery,
such an element as Judge Erskiue’s
star chamber decree would fasten
upon us, well may we pray to be ue-
livered from such tender mercies.
The Savannah News has no doubt
that the instigation of this odious
and oppressive rule came from Wash
ington, and that the same considera
tions of party expediency which
prompted its promulgation by Judge
Erskine will insure its confirmation
by his colleague, Judge Woods, and
also by the Supreme Bench, which in
all matters having any political bear
ing has degenerated into a mere tri
bunal for the judicial enforcement of
the wishes and decrees of the ruling
faction in Washington.” And for
these reasons the News thinks that—
“ It is to the newborn zeal of Gen.
Grant for the enforcement of the en
tire political and social equality de
manded by the negro wing of his
party, that the new light on this jury
question which has dawned upon the
mental vision of Judge Erskine is to
be attributed. The overthrow of our
State jury system, like the overthrow
of local State government by the peo
ple of Louisiana, is deemed essential
to the interests of the Radical party,
and Judge Erskine, like his worthy
cotemporary, Judge Durrell, receives
his instructions accordingly.”
MR. STEPHENS IN AUGUSTA.
We give elsewhere an article from
the Chronicle and Sentinel of Augus
ta upon Mr. Stephens’ address before
the Hibernian Society in that place
on St. Patrick’s Day.
We understand that the entire ad
dress will soon be published by the
Society, when we will lay it before
our readers in full.
The lamenting lover poet of
the Carrollton Times writes in this
sort of despairing mood:
Could I bar tMte the nectar sweet,
T at lingers in its soft repo-e,
I'd tear no cload we’d ever meet.
While feasting on those iipe of rote.
If the girl is not to be found, why
in the deuce don’t the fellow “diy
up ’ aud look out for his nectar in
some other shape ? •
e 'c rywtere ’ especially when
^Anglo-Saxon rqns uparai.st
" Come, gentle Spring—d iptberisl mildness, come I"
— Tkompton't Sneeze'm.
An old gentleman of this
State who has bloomed w.thTreshness
for eighty-five summers, has recently
taken a rib. When an old fellow does
come to a rash conclusion in regard
to matrimony we don’t know that he
is anv nmre jjigcre§t_than the ayerase
Dynasties may crumble and knock
ovei kings and emperors promiscuously.
Republics may be ungrateful enough to
their rulers to come down on them like a
thi usaud of bricks for running their
hands down in the Uoddees of Liberty's
pockets and stealing one million and six
hundred thousand dollars for back pay,
o> frown at a ftw more millions 6to en
under the Credit Mobiiier speck. Those
things may occur and still we jog on in
ibe even tenor of our way; but deprive
the motley crew who usually congregate
at - he Police Barracks on Monday morn
ing of the long looked for “Ten and
Costs,” and congressional frauds sink
into utter insignificance in comparison.
The first thing the portly Recorder
looked at when he came into the Station
House was a new brown suit of clothes
which Dr. Barry, the wet nurse of the
institution, was flourishing around. The
coat was cut in style—low neck and short
sleeves, with a bias waist. The tail
slightly approximated the claw-hammer
variety, although the Recorder thought
the fan-tail the prettiest, and told Barry
his taste was poor. The pants were the
spread eagle style at the bottom, and
tight about the pastern points. This
tickled the Recorder considerably, and
he langhed poor Barry out of counte
nance. Then turning to go up-stairs, he
told Jonsen, who was just a lew steps
anead of him. that he must either
wear a longer coat or get a new pair of
pants or have his old ones half-soled.
Jonsen involuntarily gave the gland
bailing sign of distress, blushed, and in
a very confused manner opened the
Court.
The first case called was the one con-
tinned from last week, in wnicb two
auctioneers had been very free in telling
each other what their private opinions
were respecting the other. A couple of
Daniel Websters were employed to mix
the case as mnch ks possible, which they
did; aud if any other man but “T & C”
nad been on the bench, both the parties
would have suffered severely on account
of the bad tales the lawyers made out
against tnem. As it was, the Court knew
just exactly how it was, and fined one
party five and costs, very much to his
disgust.
Harry Wooten, wootent give his wife as
muen pin money as she called for, which
fuct made her sick. Three women came
to testify agaiust Hairy’s ill-treatment of
iiis [wife, and they talked bo fast and
so much and all in chorus that the poor
fellow bad no chance. After they had
exhausted all the mean things they could
thiuk up, Harry toid his tale. He had
been siok and his whole family had been
sick. When he got up, he ordered the
wh< le crowd to get up and be well, and
tiie hospital closed. Mrs. Harry couldn’t
see it aud he abused her in a slight way.
Here the three women put in again, and
every one knew that Wooten was gone
up. Three women never did appear
against one man in this Court but what
it put the beer on him. It was proven
that he had drawn a hatchet on his wife,
and the Court told him that when a fel
low got so old he had no further use for
women, he should not tomahawk them,
aud he allowed Harry to’ pay five and
costs.
George Bell was arrested for hitching
his horse to a shade tree; but as there
was no shade, nor likely to be, as the
tree was dead, the case was dismissed.
Mandy Cody was the wife of Perry
Jones, so Perry said. She was arrested
for general rascality and meanness. Hei
husband, by brevet, appeared ana stated
that Mandy had a sick child, nearly dead,
and instead of her staving and nursing
it, she would go off with very questiona
ble company and roam, around loose and
when he remonstrated with her, she
cursed and abused him, and he was
forced to quit his work to nurse the child
himself. J ndge gave her au awful roast
ing and fined her ten and cost, which
will about consume all her capital.
Jesse McCoy had been buying a piece
of cold turkey, and as he leisurely came
down the street gnawing the bone, he
called another boy a i hog-faced rascal.
For this the boy, who lives ou Decatur,
had him arrested, and he not appearing,
the case was dismissed. The Court
would make the fur fly from the other
fellow if he could lay hands on him. He
so expressed himself.
E. N. Bialock is a dealer in chickens,
and keeps fighting roosters and game
ones, too. A little negro boy came along
with one under his arm and bantered
llalocx for a main. The gentleman told
him he had chickens for sale and not to
fight, whereupon the boy bonght a big
gray rooster and put the two together
on the streets. They hit a [few licks,
which attracted a crowd, and the betting
began. This drew the atten'ion of a po
liceman, and to make things sure, he
carried Blalock and the negro both up.
Mr. Blalock was discharged, and .t was
shown the negro told a lie. The whole
matter was dismissed.
George Rhodes rode at a break neck
pace to the nearest grocery, and at once
began bathing his throat internally for
the rheumatism of the bowels with a
little Robertson county hydro-glycerine.
It exploded under his lower vest button
and threw him into an attitude of pros
trate indifference as to the City Police
bilL He was kindly picked up oat of
the mad and brought in on a shatter
to # tE^fliA£c St (Ee /3tRf^F^* < *tave, l »
which he sang himself, to the air of
“Maryland, my Mary lard:”
“1*11 never ere thee any more,
Whisky sling, obi whisky sling!
I’ve drank tnee now tor year* a score.
Whisky sling, my whisky alingl
And to be parted now, I’m sure—
Although we’ve parted twice before—
Doth siing me to the very o-re,
Whisky sling, lost walsky sling!”
He was ordered to be slung into one
of the reformatory vats of the station
house, there to have the liquor tanned
out of his hide, unless he can produce
ten blazing dollars and costs.
Then the Court began to look uneasy
and twist about in its chair, and rub its
vest bu‘tons up and down. These ac
tions attracted Jonsen’s attention, and
it alarmed him, too. He knew the Court
had been eating something the day be
fore which it could not digest, and asked
what it was that hurt him. In an ago
nizing whisper, he leant oyer the desk
and said to Jousen:
Decisions of the taprrmt
Georgia.
Delivered al Atlanta, March 18, 1873.
From the Atlanta Constitution.
“I loath*, abhor, detest, despise,
Abominate dried-apple pies.
I like good bread, l like good meat,
Or anything that's g<x.d to eat;
Bat ot ad poor grub beneath the skies.
The poorest is dned-appie pies.
Give me the toothache or sore eyes
In preference to that kind of pies.
The farmer takes the gnarliest fruit,
Wormy, bitter, aed hard to boot;
They leave the cores to make us cough,
And don’t take ha f the peel ng off.
Then on a dirty cord they re BiruuR,
And from some chamber window hung,
Where they s«r»e as arooet for flies
Until they’re ready to make pies. •
Step on icy corns, or tell me lies.
But don’t give me dried apple pies.”
As soon as he got through, Jonsen shut
the book and started in a trot after a city
pby stcian. This ended the performances
for the day.
The Halt, the Lame, the Blind, i
Nos. 5 and 7 at the Kimbill House,
were thronged yesterday with visitors,
who had heard of the wonderful success
of Dr. J. A. Jones in the treatment of
diseases chronic. We leel quite sure
that the doctor made at least fifty exami ■
nations of persons afflicted with diseases
of the eye, the ear, the nose, tne lungs,
or som > other one of the organs. W
had the pleasure of seeing a gentlemen
Dr. Jones had operated on for strabismus,
or cross-eys, whose 8'ght in the left eye
was quite if not entirely impaired. We
mean Mr. Ira Smith, formerly of Macon,
but now living in this city. He toid us
of the complete success experienced in
his case, not forgetting to be loudly-
spoken in his praise of the skill ot the
Doctor, stating that the change in his
appearance alone in having his eyes
straightened was so great as to puzzle bis
most intimate friends in recognizing
him, wniie the sight of the eye ; fiLcted
was so completely restored as to permit
him to observe objects, far aud near,
with a facility that he never thought he
would ever be able to do. We particu
larly advise all who are suffenug with
diseases of the eye, luDgs, or any other
organ, and chronic diseases, to call at
once and place themselves under Dr.
Jones’ treatment, as bis stay in our city
is, of necessity, limited. He will leave
on the 15th of April.
“Shirt Drummers,” says Bill Moore,
of The Sun, “are doing a l.vtly business
in Atlanta at present.” We wish t; ey
would mum up the two that you and
Vol Dunning borrowed fiom us about
two years ago.—Griffin News.
That's very refreshing—coming from
Speights. We can prove bv Miles Tur
pin aud John Ransom*? and Fox and a
hundred others, that he never was seen
with a real clean shirt the whole time he
was here, but on one occasion, and he
borrowed that from Watson, to attend a
bop at the Kimball House; and that was
the last of Watson’s shirt. And Watson
did’nt heve a thousand, either. As for
Yol Dunning, he indignantly scorns the
insinuation. How abont that hat swap,
while the other man was in at dinner?
Say!
Captured.
Some three weeks ago we published in
The Sun an advertisement from P. Ram
sey, of Augusta, Ga., offering a reward
of $250 for theaDprehensionof one H. G.
Howell, of Columbia county. Howell
bad fled, as the advertisement said, “to
avoid the punishment his base and cow
ardly conduct so greatly merits.” The
notice came under the eye of Mr. N. G.
Hudson, the Sheriff of Clayton county,
and yesterday morning, about four miles
below Jonesboro, he met a man in the
road whom fie supposed to be Howell.
After questioning him awhile he arrested
uim, althongh Mr. Hudson was unarmed
and Howell had a large navy pistol in a
belt He arrived in this city yesterday
afternoon with his prisoner, and lodged
him in the station house until the eight
o’ dock train on the Georgia Road left,
when he ironed him and proceeded to
deliver his prisoner to the Sheriff ot Co
lombia county.
Howell is a stout, athletic man, and
says he did nothing but what any honor
able man would do under the circnm-
stances.
The Savannah Republican
states authentically, we suppose, that
Cal. Wagner and his troupe “are car
rying everything before them.” We
don’t see how they would do other
wise except they were to promenade
in front of a knapsack.
John Colley vs.<Tohn P. Doaian, guar
dian. Injunction, from Calhoun.
TRIPPE, J.
James K. Daniel died in the y<*ar 1854
and intestate. By one clause of his will
he gave certain property to his wife, and
m another clause directed other property
—a plantation and the property ihoieou
to be kept together, and as each one of
his children attained majority his or her
share should be advanced, and so on un
til the youngest became of age, his wife
having au equal share therein. His w ife,
who was appointed exeentrix. atterwarus
intermarried with Jonn P. Duncan, and
her late letters testamentary abating, he
took out letters as administrator, de boms
non,, etc. Mrs. Duncan afterwards died
testate, and by her will, after other lega
cies. gave oi her interest in her first hus
band’s estate $1,000 to each of her chil
dren of the first marriage, some of them
being yet minors, and the balance of said
interest to her children by the seooud
marriage. In 1869 one of the Daniel
children having beoome of age, and his
share received by him. and another (Lu
cy ) being leo of age, and having received
her portion of: the land, said Lucy aud
James K. Daniel, the only minor child
of that set of children, oommenoed suit
in equity in bum ter Superior Court
against Duncan as administrator etc.,
of said Daniel, deceased, charging waste,
etc., sskiDg for an aooouut and settle
ment, and for the appointment of a re
ceiver to take charge of the estate.
In October, 1871, a decree was render
ed appointing a receiver, and directing
the sale of the land and persoual prop
naay be protected by matt*,,
-8 they are now, so far M cr > Tn
possession of the propm/^^
them as a homestead, or’whi ^
oome to them under their, Q1< " n ,r «it
Whether .hr„ol"mm .?'*''’■ >
,»» .he, h.“„i"'-l
mother’s share in this
As regards the point
eventually get no.hing bccani?? H
be taken up by the claim of‘th H
chili Iren; that may be a q U „ ‘? N
that issue is made. It .-aLti.N
mined in an application f or ID " N
Ihey have a right to a hearing?'T'-
the issue is made. * 1 «
With refereuce to the decree
mg a receiver and directing* P ?° :i
d sinbution ot all the prop m * c
fired nf ti*.* **
128
ting
I
tio
we
ca
ski
of
001
eit
There is a man in Harris
county who never spent a dime for
neither liquor or coffee in his life
Hi3 self-denial may be very heroic,
but we prefer to be a private citizen
to that sort of a hero.
The Rome Courier is down
on the leg-itimate drama. We admit
the bare thought of it is si locking;
but, then, the shock is not so disa>
gree&bkrofUnitr.' rH ' *'»'»-
erty of the estate of said Daniel, deceas
ed, and that the proceeds should be
brought into Court and divided between
tin- minor Duncan children and James
K. Daniel, alter payment of cert&iu ousts,
etc. The laud then remaining and to be
sold by said decree was 1,200 acres lying
m Calhouu county, and which constitu
ted the shares, so far as the laud was
concerned, tuatwent to the miuor, James
K. Dauiel aud to Mrs. Duncan (formerly
j^auieL)
Previous to this decree, John P. Duu-
cau, as guardiau of the two miuor chil
dren of the Duucan set (Madge and Sal-
lie) had applied to the Ordinary of Cal
houn county, and had a homestead 6et
apart for said minors out of said laud
and personal property, to-wit: 608 acres
thereof. The receiver appointed ia the
decree was proceeding to make sale as
therein directed, wi en Madge aud Sail!
Duncan, by their next triends, C. W.
Duucan and G. W. Kidd, tiled a bill
against Jno. P. Duucan, James K. and
Lucy Daniel and tue Receiver, to enjoin
the saie attacking said decree, asking its
modification, etc., and asserting their
rights to sttkt homestead, etc. John P.
Duuc iu was not served with this bill. A
umporary restraining order was granted
by the Guaucellor. Subsequently, at
Chambers, by cons, nt of counsel, it was
agreed ou and approved by the Judge
that the sale should proceed, and said
decree remain undisturbed. The Re
ceiver proc« eded to si II the land and per
sonal property, and John Colley, the
plaintiff in error, became the purchaser
of the laud, and most of the personal
property—some 1,200 acres—at the price
of $2,295. Colley paid the purchase
mouey, which was oy order of
the Court, after payment of costs
and Receiver’s commissions, paid out to
the attorneys of John P. Duncan, ad
ministrator, etc., of Dauiel, Sallie and
Madge Duucan, and Lacy and James K.
Daniel. It does not appear that Duncan,
tne guardian, or the next friend of the
Duucan minors, received the money.
Colley was proceeding to take possession
of the land, etc., from Chas. W. Duncan,
who had previously been placed iu pos
session of the same as the homestead
of the Duucan children, by Jonn P.
Duncan, their guariiau, and Chas. Dun
can had attorned to Colley as the owner
of the land.
Madge and Sallie Duncan, by their
guurdian, John P. Duncan, filed tueir
bill against Colley, charging that the
decree under which said sale was had*
was void, so far as it concerns said minors,
asserting their rights under the home-
bte d assignment, and praying an in
junction restraining Colley from taking
possession, etc.
Tne Chancellor granted a temporary
i junctioa, and, on a hearing, made the
same permanent. At said heariug all
the proceedings in the suits above re
ferred to, with many txhibits an ; affida
vits, were beard by the Judge granting
the injunction.
Some of these affidavits state that tue
attorneys had no right to make the com
promise or consent that was made on the
bill filed by the next friends of tin minor
Doncau children; that it was agriustthe
authority and consent of the next friends.
One of them swearing that he did not
know it only a day or two before the sale;
that at the sale both of the next friends,
at the suggestion of Colley, gave notice
of the claim of the minors, and at Colley’s
suggestion also made out a claim bond
with Colley as security, which the Re
ceiver refused to take, saying he could
not receive a bond.
One affidavit states that affirmant heard
Colley, on the day of sale, say “ it would
not do for a man to buy a law suit;” that
the land was worth five dollars per acre,
and that affirmant would have given
more for it than was bid, but for the claim
set up by the minor children under the
Homestead law. Charles W. Duncan
states in his affidavit that Colley, on the
day of the sale, “ informed him that the
Attorneys had compromised the interests
of the children.” John T. Duncan
swears he had no notice of the sale, or
the decree, or the proceedings in the
lull by the next friends. Defendant
Colley excepts to the order grant
ing the injunction, and that is the error-
complained of. In the argument, many
points were w made; that there was no
eqaity in the bill; that the Duncan chil
dren could not take the homestead which
was allowed, and that the same was void;
that the claim of the Daniel cniidren un
der Mrs. Duncan’s will would absorb
everything, and these minors would get
nothing; that the decree appointing a
receiver and ordering a sale, and the
subsequent ratification thereof in the pro
ceeding instituted by the Duncan chil
dren, the sale and distribution as stated,
were conclusive and barred this applica
tion.
We do not think that either of these
objections, or any other which was urged
,or which oocurs to ns, should prevent
investigation
was an ad mi dstered of thT^
K. Daniel, we would say it a ' ^A 1311
question whetuer or not the s , im , N' ne
so/aras the interest of Mrs n,!N
concerned, or so f* r it 4
interests of the minor Duucan C L,% ^
Her representative was not a J
nor was any one a party as the re J*3
ative or these minors. All hnt n
the Daniel children had drawn n* '"' Lw
pan, of the La,.. To, ^2.*®
ion iu any view of the case coi^ :
the shares of the other minor J ^ ^
Daniel, and of Mrs. Duncan. ’ ^ 4
Aud yet in a nil! filed ..yLu,
Uhl
00
tut) fl'.Inii
trator de bonis non of Jas. K. Dam,,;,
ceased, a decree was tafceu -- N
a;:
uiiia
■d
appointing
rtceivai aud directing the sale ol al' ,V
land and all the balance of the net ’
property, aud that the
procccdiij & *
the payment of certain thin**
Mi
ca
wl
a
re:
»
m
“oe divided between the ohtldren of iu
Sarah Duuoan, deeeasen, by the saw J «
P. Duncan and Jas. K. Daniel or Lin*
signs, according Jo the provisions ■
will of said Jas. K. Daniel.
We repeat that the validity oi nichf®**
decree may be doubted iu so’far as it, Ul
fects the Bhare of Mrs. Duucau m ^ t.
estate, or the interest ot these minors *7
her share. And if it be not valid, tnfj® 1
the defect iu the pleadings and ttie lie
of proper parties to the decree, being **. j,
parent on the record, all the pureW® 1
undi r the decree are charged with ■ B 11
tice of it. “'[ El,
As to the alleged ratification of thisiU®-
e distribution nf
cree und the distribution of the mots
as stated, enough was developed at thjldt
heariug before the Chancellor to entralKu
these minors to be heard as to its faim* W
and validity, and as to restraining tk f°
defendant Colley, the statements m £. I
affidavits, hereinbelore referred to, su: &
ciently connect him with the matter, h: 8^
raise questions touching his purchase , ' ©o
rn illsflfv f.Lrt nvueniao . •
to justify the exercise of the restraining—
power of the Chancellor for the piotwl^
X
tiou of what may be the ultimate righsl
of these minors. Kf
It may he necessary that amendment •
be made to tue bill, enlarging the charge! ] 11
to as to include ah the f Acts necessary 111 re
tne assertion of all the legal or equitabL'S
rights of complainants, and also to m&k
additional parties, so that the clais P 11
the defendant Colley may have, if am \
for reimbursement for the amount pai: |
by him, may be secured to him.
As such facts and parties all appear::
the proceedings which have beeu bad, tn
thiuk the complainant can, thus far, an:
from the record, umenu the bill.
The complainant as guardiau ouly a&
serting or setting up the right of hii
wards to a certain specified and describe:!
portion of the laud and the persona.*
property, and no reason appearing for t
the injunction to extend btyoud tuat,l
aud a proper proportion of the rent that'
may be iu the hands oi or due by Cbas.
W Duncan. The injunction should be
modified so as to discharge from its
operation the balance of the land, and i
due share of the reDt therefor.
Judgment affirmed, with modifications
J. John Beck, Lyon & Irvin, W. A
Hawkins, for plaintiff in error.
W. G. ParKs, Hoyle & Simmons, D. A
Va*ou, B. H. Hill & Sons, for defendant
McCay, J., concurred witn doubts, bn;
furnished m> written opinion.
I
Letter from opellka.
Editors Sun: After a most delightful I
ride over the Atlanta & West Point It jail, i
with that courteous aud geutlemanl;
conductor, Mr. Joseph Ransom, we, foriJJ
the first time, had the pleasure of tread-,
ing Alabama soil.
Notwithstanding the bard shower of I
i to flint Frill in lAnMnnta <1 tiri nr» tliO IY1 AIT - I
these children from the
they Mk, and that until'rit I# led they -hi* guests oonftortable. J. 0. 8.
rain that fell in torrents during the morn
ing, it did not impede the progress oi
your correspondent’s pedestrian travel!
over the city of Opelika. -The rays o!
The Sun seemed to penetrate through
the bines elouOe, which liuug heavily j
over head, and gave sufficient hgut to
guide our steps.
We ha i the pleasure of meeting with
the edd.ors of the Ons*-rver and Locomo
tive. Tlieee excellent wteklitsare very 1
ably eonduct* d and largely circulated'
throughout the S ate. Col. Strange and ip
Capt. Cowau, editors of the Observer,
have, by theit untirtng energy aud zeal,
made their paper one <>i tne best; the ap
pearauce aud contents ot which, is ai|
ways closely observed by ua. It is ver j |
evident that this place will soon boaot c;[
a good daily.
It is astonishing to see with what ra
pidity the workmen are putting up ae*
buildings. On every side new houses,
both dwelling and business house?, greet
the eye. Merchants are doing a thnviag
trade. The large wholesale and retail
dry goods store of John W. Williams
Co. is one of the finest and largest, doiutj
a most excellent business, as is also tb |
fine establishment of J. H. Smith t Co.
dealer in boots and shoes. Renfto -I
Andrews, wholesale grocers, have 1 argil
a id extensive sales. Tnere are ma&o
other bouses that do business on a
scale.
We must not fail to make mention of
the following good and reliable estab
lishments: Loeb & Bro., dry goods; £
D. & S. D. Lazarus, druggists; Cray to:
& Smith, grocers; Smith, Mutch & Co-
general dealer in dry goods and groceries
W. H. Starr & Co., dealer in crocked
and glassware; Condon & Yalk, jewelers
Hodge & Hurt, grocers; Erwin <fc Co-
grocers; Harwell & Griffin, fnrnitur;
Sheefer & Wood, stove and tin ware.
Ed wards & Co. are now Laving erect< d i
tine steam planing mill, grist mill ad
blind and sash factory, near the railroad*
All the above named firms have, by their
honesty, fair dealing and close attention
to business, succeeded in securing a large |
patronage.
The traveling public will always find
the Opelika House one of the best ar
ranged hotels. Its furnishings and ac
commodations oannot be surpassed. The
proprietor, Mr. B. Y. Cooper, is a olever
gent.emau, and does everything to render