The weekly American banner. (Yazoo City, Miss.) 1855-18??, 1856-08-01

z 81. 5 -
L1luis Hspeu =. L<,vig Q, tl1sn II vendof
ifaudplently omit from the deed part d t,e land
10 becdnyeyed, and Insert olhcr lads 81 less ylns
~ their stAd. equity win rslievs The met tI,at
thes was no contract in vritisg, ID isation % tie
land omitted doesnot lsndcrs lin IL relief against
such fnud, drmurrable under he statite Of frauds
fHAsDs 7 j
j Gerse 8 Mobile .. Joshua Msriek al In an
actiou'onsA proHissory nOte executed by . copart-
nership. On plea by one defendant that he was not
member Of the firm At the dsts Of the aebe, Il i
|comptetent b. prove his admission that he was .
member q the finn. made pending negotiation for
scompromiss between the parties
The rule was recognized, that e5sw 10 pay money
by way Of compromise, 70 gstrid II an action, o.
10 buy peace. cannot be psed against party making
to q Pick 29O) but hsd thai testimony is admis.
sible to prove the admiration, pending negotiation
for compromise, Of particular facts, Independent
Of an offer to pay.
On an issue whether one DESCENDANT was q member
of the firm at the date Of the note sned on, the tes
mony Of the other party should be excluded. He
being party to the record, and having recourse
against the other debtorin the event Of the insult
cheney Of. the co-pa1tncrship effects to sAtisfy the
claim, is interested in the recovery Of the Judgment
against his co-de(endant TFIsHERJl
| CT. Dubuisson .. John n. FsLk~. On plea by
surety that after the note became due. the creditor
without his knowledge or consent, extended the
time Of payment to the principal in consideration o.
the payment Of interest in advance: held that On
endorsement on the note (which was due six months
On the within note. and the interest paid to- q
time six imOnths after Maturity, isprima Jeeie ev
ideace Of contract between the plaintiff and tlA<
principal for m extension Of time in consideration
Of an advance payment Of interest; and the surety
II entitled b the benefit Of tuness the plaintiff car
i explain e~ disprove the endorsement [FisHxR il
4 Leroy 4. Kidd ). Ezekiel Harris. II Is error l.
ENTER Judgement BY default when the plsadings pres
ent issucsof fast The cause should BE- submitsei
ltoa Jury. fFssx<a u
Il Jsse,k g. Sessiss . Tkomas r. KsH. Guaydian
lUnder the statute giving the Probate Court powe
Ito allow orphans Of the age Of fourteen years, O
81 Q0WUIO8, 6LeCLlOQ
l( @. 504-5 3l25) AN inhnt on attaining that age
Imsy exercise this right, regardless Of any sp
poiptnent previously made By the Court. unless ii
ounrdiAn derives h9 authority from he desd 0r vii
81 the father. On the application Of such infant
the former letters should be revoked and letters shou
be granted to the person selected. tFisHEs il
fredTngrahem .. William w Speed. The az
of Feb. 81, 1910 Oh. G. 325 81, prohibiting Bank
from purchasing and holding lands. does not appl
of.onn -
Bank for debt due before the passage Of the sta
: ute A sherifs deed in such case, converting land
to assgnees Of the Bank (er, ii secas 10 the Baa
itsel. is admissible a. evideace cf title IHAady
al 81
Dr The antiAmerican press Is heartily SIC
: and tired Of the exposition Of the fimsiDess an
z trickery Of the CincinEat platform and the dan
ming bots on the political rccordof thsC incinna
i. nominee. They are struck dumb in regard |
tthesc, the legitimate issues of the canvass The
: have not single word to say in defense of Their
land have even ceased to sound the fuls0n
praises Of their candidate. In their desperate
they are endeavoring TO revive the already fnisl
ed aud abapdoned attack upon the seerecyof Il
American partv. Their papers are re- pnblHhin
1.-THE constitution and rituals OF the American @
fdcr which have been altogether dispensed with
the action Of the National Council, which met
ell Philadeldhia in February last and by that whii
y met 10 New York ID june. They pretend
! make great outcry over the discovery Of COZ
I'll Of this constitution and the rituals Poor fellow
n lthey are easily satisfied There ares dozen mo
II copies 10 this city entirely at their service
10 American party is now Strong enough TO do wit
NJ out them and has done using them. The Ss
10 NIGHTS ought by all means tokeep them standil
patriotism than has appeared ID their columns
II kknI OF fxu<N npos =