The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-09
VOLUME XXI. NO. XXI.

all may Join in the action of eiectment,
as held by the Court in Corbin VS.. Conner,
ct al, 81 Miss. p. $40, their rights are yet
several and subject to partition. Each heir
is entitled to his distinct and equal share
of the whole in severalty. The rights of
the one although connected WITH are by
no means dependent upon, and insepara
bic from the rights of others; there is,
therefore, much reason for the distinction.
In the case Of joint owners of personal
property, whore the rights of some are
extinguished by the statutory bar. each
having Joint and not a several interest
in the subject, all are barred of n recovery
for defect in their legal title but in the
case before US, where the interests partake
of both characters. ioint, as well as sever
al, the destT1cf tlfe rights of the one.
will not attec 6tle ofthe others.
The case sta fesas upon A Joint
ana several 30 common law
where the Ju1 ny hnd for or against
any number of the plaintiffs as the evil
dencc in their opinion may justify. TSee
Z ). NJ. p. 5S, and the Is instruction for
plaintitf'p %. And especially is this so,
under the pleading act of 1850. sec. Is.
where 1t Is said, that in every stage of
the action the Court shall disregard any
! error or defect in the pleadings or PRO
ceedings, which shall not affect the sub
stantial rights OF the adverse party; and
no judgment shall be reversed or affected
| by reason of such error Of defect"
Nor Is the case before us affected by the
| decision, in the case Of Masters ct al. VS..
| Dunn ct al. 80 Miss p. 2G4, where it is
| held, that, If at the time, joint cause of
action accrues to several plaintiffs. all of
them be under disability to sue, the
statute of limitations will not commence
| running until the disability be removed
| from all. This decision was made in an
action of detinue for a slave, and only de-
clares that plaintiffs below Dunn ct all
are within the saving of the act of limita-
tlons of 1922: not repealed bv the act of
lsi4, as decided in White VS.. johnson. %
| Miss. p. 6s and Summers ct al. vs.. Picket,
p Miss. l61. That clause of the statute
does not embrace the action of ejectment,
and hence this case is not within its oper-
alton, or the principle of the decision
founded on it.
We think, therefore, there was no such
error III this instruction. or in the verdict
which l. in accordance with it. as would
authorize the interposition of this Court.
Let the judgment be affirmed, each
party paying halfthe costs. HARRIS
r.,; u,..-, No, 5000
| t.
defendant -
Writ of error to the Circuit Court of
Tippah County.
The error complained of in this case i
the judgment Of the Court below over
ruling PLAINTIFF demurrer to defendants
an swer. The suitpurports to be foundedon
a promissory note, payable to one Norvel,
and endorsed by him to Mason. in whose
name this suit is brought, for the use of
Caleb Cote x Co. The answer purports
to be an answer to the whole declaration.
but Is really an answer only to a part, and
would be bad on that account. But il is no
answer to the declaration or complaint in
any view of the case The complaint does
not allege that Caleb S COTE q Co. ever had
the legal title to the notes sued on. nor
: was such an allegation necessary. Ma
sOnis the legal owner, who sues for the
e use of COTE Co. What that use may be,
= its extent, or the exact equity which it NAV
: be designed between Mason and the
: usees to secure or protect is not the sub
a iect of inquiry in this action, nor material
u to the defendant, as his plea admits the
T Jona fdss of the possession of the usees.
. The demurrer was therefore properly over
II ruled. Ju1fehapnt affirmed
MODERN POETRY AND THE POETRY OF
: THE BIBLE--Lord Byron's descriptive
5 apostrophe of Rome in which he charac-
e terizes her as "the Niobe of nations
g "childless and crownless in her voiceless
e woe marble wilderness" and " lone
mother of dead empires is, in its prima-
n ny idea of decayed kingdom, personified
g rs woman torsaken and grieved in
: spirit, only an eloquent paraphrase of
o the opening of Lamentations How
+ doth the city set solitary that was full of
/ people how is she become as a widow
L she that was great among the nations, and
|, princess among the provinces, how is she
n become tributary She weepeth sore in
l. the night, and her tears are on her
r cheeks; among all her lovers she hath
Ie none to comfort her; all her friends have
e dealt treacherously with her-they are
l. become her enemies"
Again: the same poets code to Napo
10 leon" has been greatly admired, and i,
n worthy of the tribute. But our admira
te ton must also be extended to Isaiah's ode
as on the fall of Sennacherib, the Napoleon
or of Babylon; and we may observe, too
T. that, independent of general resem
c, blance throughout in point of structure
b. Lord Byron's first and finest stanza is al
ne together derived from the prophet:
ny ii, past-but yesterday a king.
&c And armed with kings 70 strive,
n Aud now thou art namelcss thing:
- ahicct, Yet alive;
i' / tins the man OF thousand thrones.
II | Who StrcTed the earth with hostile bones
a. And can he thus surviyc'
:" Since he. mlscalled the morning star,
Is No man nor hend has fallen 50 far
1t He who smote the people in wratI
d, with continued stroke, is prosecuted
ed and none hindereth. How art thou fal
Id len from heaven, y, Lucifer, son of tn
oh | mo bptr apt fbp,, i Il.
nc ground, which did'st weaken nations
Ter They that see thee shall narrowly lool
OF UPON thee, and consider thee, saving,
are this the man that made the earth I
I'd tremble-that did shake kingdoms-tha
es- made the world as a wilderness? ?"
ar Campbells expression
ey Her marchis DER the mountain wave
rs Her home j. on the deep
ID. must remind us of the Psalmist's. 9Th
ror path is in the sea, and thy footsteps
he the great deep
wv When a poet said that the Apollo Be
in vidcre appears to have shot the AFRO
he !" less by an effort than by command
his he expressed q noble idea, worthy II
transcendant statute; but when Haba
.he kuk says of the Holy One, Z" He stood al
lld measured the earth he beheld, and dro,
OF asunder the nations, " the sublime conce
lue tion of power exercised by the me
rds movement of WjH is carried to a heig
worthy of the true and living God-tl
set God of Heaven!
IN Young well expresses the same style
val sentiment when he saws
MS. "WhoSe word was Natures birth.
ent The shadow OF whose hand Natures shiC
ere "'' "'Ss'"''on MS suspended smie.'
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