davidaulloa/AmericanStories huggingface dataset:
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

Col SHE'D, Of Coffee, requests US to say, in re-
Fly to communication which lately appeared in
our paper, shat thanking his friends for the com
pIime0t of mentioning his namo in connection with
the SPeakership Of the House, be declines being q
candidate for the nomination. Col SHED has
rendered distinguished services to our cause in
the mountain district, and our party all over the
State know him as true man and democrat who
never permits his name to be used to prOduee
divisions in their ranks.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

ONLY OEC SrEP Moan The Madison Couriey-
sn Indiana Republican Psrer-appears to be highly
delighted with the "Hsrper" article of Senator
DouGLAs. II says that "DouGLAs has only to take
one step more to find himself Republican" That
sOne step" though, would not be 'from the sublime
70 tbe ridicuouz hut rather from the ridiculous tC
the worse than ridiculous.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

Our AFFAIRS WITH CHILI.-Our government has
not yet been successful in obtaining satisfaction for
the outrages perpeirated on American citizens in
Chill The difficulties with Chill ara stated to have
become more complicated account Of the failure
of Congress to confer ample powers upon the Pres-
dent to bring our unsettled affairs with the Central
and South American States to an adjustment
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

President BUCHANAN has declined the invitation
of the Portland Committee to assist in celebrating
the arrival Of the steamer Great Eastern at that
port, as have also the Cabinet, on account Of press
nr business engagements.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

49, DR.. EENG, Formerly o. NsE se'z' 'os ne -
49, foar yeAs % IoasEiis Asnlae. 20 - 80 -
sTotsd hs sttentionto e treatment Of private ~ y.
ayyeaEs 9attsrs himself hsvng sit5dra % ~
Esny years, cured May lpa7ss-. p - 49,. -
AL diseases private NATURE NJ n9tsf - - - -
frou Or lro nei9t y lasr s%n.
Dr. &C. Di.DsossT 3 No p lss oss.seH oaeD
"a - $780, brrs = I'll danise q private aaiaRt
esos s1es sishoas usaeqEs nedsns o. Esere1snrs
Sea oassnss. a, ar recent ss ssssiualy cured d Be
- = --s-rfiop sh1hc4rses pan- hhsse strstae
eanost be sfl el-t- 49, -
$500 a.,.<--s snssrsInss iis constellation - ozcA
20 Al fseasez o. he fkn crossing Q1s q
f-srtuaept he eecEakf cSrea u 80 days,
- raTus partica iar stterlio1 having sen Fe1 -
rad an growing ou e. H. roHltl
ms rasss - dssruedEe hahs af ipcousdssls
N -d isnlgcnce Il ia passions, negleol
I'll underniBs he constitution feRerng tie
~ - hn.ines or society, and causing preu4iure al aga
Fsmaes uhO may Be lasoEing ~ any 4Nsulg q s Yea,
~ ~. assured q iuHaedlste reli1f-
1900 arosd, y Erag ssi latug TER Fl
- sre directed Dr. A. kng No. . DeadsEsk atlcls
Nsssvfs 9snn win have tie necessity aina ssnt % -.
II Il necessary dlzsctsns stt osFee o4
800. tom aa'cleck IN The morning Hns IN ~ es1sE
.1s.ps9 lsss-d&Eiv
TUn CATECHu, jusi ssss.ssa .na q ~ "a a !.
No Is taolie 44Aef =
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01
A. RIV q CO.,
PUBLIC SALE OF
Real and Personal PFOBePtY.

NN Wednesday, the 10 day OF October next will sell to
highest bidder At residence, he Tract Of Land
which nov live, II miles from Nashville the Murrees-
Turnpike and within Onehaf mile Of Mount View De-
pot r. r containing 1925 Acres. Said tract is
ncloscd Cedar rail 'ences the soil FERTILE Is
waere sufficient timber for the purpose OF the farm has
good comfortable ceiling house, with all out
good orchard and garenI ami perhaps the
hesIhiest localities in the county.
one hundred will be sold with tie Improvements the
balance Of about 20 each the whole
lot TO suit purchasers.
ALsone other tract lying the MurfreesbOTo Turnpike
1913 miles from Nashville containing about Sc Acres half
cleared, the balance dmbered
ALSO35 4s of Cedar Land, II miles from Nashville
and uile from the turnpike
ALso-My whole STOCK CROP, conssngIof Horses, Cat
tie Corn Fodder Hay, Wheat Household and Kitchen
Furniture, Farming Utensils, sc &c
TERMSThe personality will BE- sold months time, for
all S. under s. cash. The land will be sold and
years credit with interest
For further information apply Nance Woodward Agents,
Nashville or TO the subscriber on the premises.
octl-dtw6td X. II. WOODWARD.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01
Nashville Races.

49, g.
VNTnL commence Tuesday. october 4th' vi
Nv Sweepstakes for two year old one mile heats 81
entrance, S25 forfeit. Closet with s2 entries.
Towes Cheatham ntersb by Free Trade; dam, s'on
N CaITy enters cby Imp Albion; dam Imp Lsviahan.
Eli Odom bkf by Imp Albion dam, Imp Levathan
Cheatham Hoops, by Free TrAde DAM ldA BY
Mathews enters by Albion of the dam Of Red Oak
Ben Malone enters fly Albion; dam Imp LeTiGlhan
Clint DOUGLASS enters by Chde Harold; DAM Day Dream
Harding by childe Harold DAM Delta, oy Imp
johnson enters TOoes by Highlander; dam, Epsilon.
z B Wikerson enters by Albion; dam, Ross.
R. Martin Mary Burton by Abon dam, stOckhslder
Turner enters by Imp G'eneoe dam Princess Anne
Barry enters by Albion by Imp Sovereign
Eli o Elliott blk by Albion dam. by Imp legatrsn
J. Matthews blk by Albion dam American Eclipse
Jackson Chde HAROLD out Of the dam Of Socks
Harvey enters or BY Albion; dam by Imp Levialan
NJ Cagy enters Oh by Wagner; dam, Ambassador.
Moneka. by Albion. dam Eudora
Cheaham enters CHI By Highlander dam Kitty ouyear'
do do do 6fb5 do dam, Imp shamrock.
Second Race, Same Day.
sEeepsake for three old 500 s25 forfeit Closed
with entries
W Hariing names oh c by Epsilon dam by Prsm.
Chatham Oh Ned Breahit, by Glencoe dam by
Tevisthsn.
Carter Gen WoodfoIk's Oh Delhi, by Glencoe;
dan by Leyiathan.
Third Race, same Day.
Matct for 500 side One mile heats.
Mr.. EvERLY names oh. z. by o. Elliott years old.
Dir. LEWIS names by 0thello, years old.
Wednesday, October 5th'
Club Purse. S3O0; Two Mile HeatS
Thursday, October 9Th.
sweepsss for three year old Oue mile heats $500 entrance
$50 forfeit Closed with entries.
mes Jackson names by Ambassador; dam by Priam.
W q Harding gr Herndon, by Albion dam Gamma
Carter names Delhi by Glencoe; dam by Viathau.
Iii Odom fGordiva, by Albion dam by Sovereign.
Friday, October eth.
Club Purse, 500. One Mile Heats.
Saturday. October Sth.
s{l S. J. CARTER. Proprietor
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

SAN JUAN The States says that the movements
of Gen. HARVEY On the island CT San Juan re-
garded with great int crest by all who feel any con-
esrn about foreign relations, and especially
those whose memory extends back TO The days when
the quesii' cf boundary il the same quarter was
the basis Of sericus dispute between this country
and E gland. tits old issue, and cid issues re-
vived are sometimes daT gerOus things. Gen. HAR-
EEY, Too, is scarcely mLn for mild measures. On
the contrary, he is one of the quickest and mosi
active officers in the military service of the Govern
ment as demonstrated by his late rigorous meas
ures jast ielegrapbed us Il is not impossible that
Cen sCoI: may find serious difficulties in his way
when he arrives upon the scene of action, which
his experience, ability and prudence msy find not
easy TO overcome. Private letters are even
stronger than telegraThic reports. We shall wait
with some impotence the next news.
The New York Ns'Vs also remarks, that just as
we hsEe this news via San Francisco, there comes
to US from London the suspicious fact that Lord
PALMERsTos's own organ, the Morning Post
SLOPES" that NJ concessions will be made The
bsrden Of the evidently nspired" article leads 10
the most unfriendly We've. We trust that PAL
MEEsToNs anti-AmeTiesn spirit will not carry him
too far in this matter.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

Amporsant Books for Libraries
W. 4. BERRY a OMPANY,
PUBLIC SQUARE.

"a " VOW on szLE
The Life, Correspondence ana speeehe,
or HENRY CLAY
Nov complete in sig Royal svo volumes. Various yl. q
Blndi=g.
- Destined for leader be every .srs asserted his ds
JEAN c. BrscknrdEe, Vice President Of the Initial zia.
The works Of John c. Calhoun, comprss-
ing bis exposition Of the c0nssuOn and aovsrnsut q sha
United States Speeches Congress- REPORTS and Public Let
tsrs. In SIX volumes.
The works OF Daniel webster, Compr,..
ing his Speeches, Forensic Arguments nna Diplomatic PaD
with notice Of his Ls Hud works. By Edward Everett In
six volumes.
These volumes are collection o. impsrsshabie uoss, in
constitutional law, jurisprudence international law diploma
ey, finance. legislation. and tsataea collection not . Be-
matched By this, and hardly By any othss esun IN capital and
mulsiform excellence There page ess books uh
nay give the world iranscenn ntsls 40.
page which viii not make rostity prOade of the And q
their fAtses. These productions viii Be perPsHsts oag
The Enslish language sndurss sS Tork c0Hrr AID IA
fssirsr.
The Private Correspondence Of Daniel
WEBSTER. Editsdb by Fletcher Wsbstss. svols smO-
BentOn's Thirty Years. View: A HfssorY
o. the WorknVsof the American GoFsrnen fer thirty years
from Is2O to Es5a. svois
Benten's Abrsdgemsnt OF the Desasss Of
Congress- from I7ss to 1855. Nov complete svo
Irving's Life OF Washington.
1arshalrs Life OF washington. wells.
40. London, 1901
cObbett.s Parliamentary HIsssry 81 Eng-
land nom He lest period to the gear Iss d vols. haf
Russia.
Selections from COBbetrs Political Writ
ings. with Notes. Historical znd Explanatory b. JoAa X
and James P. Csbbest. vols
CycIOpedia OF American Literature, em-
baeing Personal and Critical Noss Authors ssss
tons from their VIKINGS VSls svs.
BreviarIum AberdOnense: The AneIen :
BFesisry sf Tie Scottish Diocese q Aberdeen, BEAUTIFULLY
printed and black letter. from the Oginal
wells, 4yo-haif Morocco.
- The Aberdeen Brsviary the Oaly ssrvios BOok q
Ancient calolic Church Of sc5znd, has escaped
stru.tOn Reformation ssaEes pors sOP
Is known. Tor saleby
VT. BERRY 4 CO.,
Ssp2s Public sqEars.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

GUNS! GUNS!! GUNS!!I
ACEY IL sIAuIL TON,
No. a. College Street, Nashville, Tenn.
HAVE Just received superior Sporting Pieces
10 their order by the celebrated Gun Makers OF England
Fine Stub Twist, made by Hollis 4 Sheath.
Fine London Twist do Mortimer.
Fine Lamenated Steel do Greenough.
Fine Wire Twist do Collins.
French Pattern Lamenated Steel, made by Collins
LamenGted Steel unvarnhed stock very hne by Greenough
Common Wire twist, Double ard Single Guns, by Ring
Ths Guns have teen with Every before
being shipped They assorted and lengths sni we'll
ted the warts The spOrtsuen OF this community.
They large OF Rifles and Revolvers
all kinds DeTeng-T Pistols Shot Powder Flasks Eley
Water Proof Caps, BaldWLs and Gun Wadding
Sporting Powder, Caps Primers Duck Shooting Powder Eeys
Patent Wire Cartridges fer deer o charged with buck shot,
to which We ihyite the attention OF the publc
octl-d&tw3m
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01
Public Sale of Ftne Hooded STOCK
HORSES. JACKS, MULES. &C.,
BELONGING Ta THE ESTATE OF John
SHELBY.

I NASSA-o, O1AOho, MCLESs Nc.,
BELONGING T0 THE ESTATE M ,orN
SHELBY.
FNHB undersigned, administrators Of John saIh a....a
II Wiii oner for sale at Fatherland, On
Saturdays the Ist day of October naxt.
the following bloodcd horses:
The celebrated horse SOCKS and bis NJ,
Albion and three Of his half sisters oue four vesrS ia
teree and the third tEo years ManE YSrsa 49,
on, four years old By Albion Lilac The a. ~ R-f1
martin and three q her cots, March, (grey) f0ur 80
ms Iull 6rothsE ay) three cid, beth sired ~
nN ana halt BROTHER two years old sired Nv Shas Tsrold
afSy Mare sy imported Sovereign Of ArcSiSn1 90
~ anon Morgan Mare, splendid aaimal aEcnt ei-st
yes old ana her yearng colt parrot Scotch Ponies (g
Of0Aea IN harness, one three years an the other four
ALSO,
- rom ionr 20 SIX old several wozk horss
mules and between nssoR as twenty head az ar,Vt
which are three young ba Of the lest blood Several -ns
carts Win harness AID various farming inciud
'nE ave heAPef. oultivators, Poughs &c
eugreeot We above Haeni
bills, TO b. ssssd Immediately - wa - 49, " 1
he in Bank. ~ aSS1xSssirS1S II 4 p sa 80
Ans4o-a&E d Az. 5. LINDsLEy
w II. cRUTeHER, n n.v-ora,.
w. n. CIsUTcEER q co...
Auction & Commission Merchants
No, IS Maker. oProsIrn US1OK sTzExr,
NASHVILLE. FENSEssKE.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01
NEW BOOKS. NEW BOOKssl
HaEan &c Johnson.
M a UNEON SrREPr NaSszvauEE

NO. UNION SrEEEr, NASHvILLE,
HAVE just received very Ers .ssOrsaslt q ss sssi
IA and mos. popular BOOl' q hs sew q TAisA
nroir II Tidoeq-PriusipaO q Tn Breach Polss. wnss.u
bg himself
Lors-By Nelslsa
TeH.per-A Novel By Miss MarrFztt.
Esiias BORA WEB q Many Ts;sIss b Mrs. Fs1ss
ton, (B. p. Shaher.J
Ls . Ssf s hssr .sd g ss. g ss'S Il Tour n ~
lord 40zfdgsss Pa0sAa HttoFica Romance Seven
74e GIrgiisr-An Historical Novel, By q, P. R Jams
~ az Srsypn q Nosesaeis Asn q
most Distinguished men IN America
The saTAges-A TAis Of the R-Puble b. an sd
71s Ola Plantatio srAaf GGkseysa asrs u on az
zle Eiioaary on Logs-cOHsnins DsaniiiOu Of All ne
trms the H0rU Of 1flider r4ra
quotations from the Anesn and Modern POss Of eli Nasa,
49, 49,, o. moe Loss Ls,ss.. -
fore pabihed the whole forming remarkahls Tszth0ok or
eo-panioa Of marital Hie Translated IN part iron IL
French Spanish Gsr@AA snd Italian, sfh several Os.i
LOvs Ne Linie IOrs Ne LOHg-By Read
7hs c'ssig1n Of IgIa'uAa-A eOionia, ROnHns b. Wa.
mrs. HOLMES, WORKS.
Lsaa Rrsrs Roasead tis fz SIDE; 7zspess sn4 sss
S1iaei Aesdeis Broot or Bose Lee tnsS D0Ta Dsons
TIE BooS q 7aoSsaaa zsss s.a russps ,sutarss
Tie BOol Of One Thousand Cseal SforssAn endless
ne Boy's Book or 7ragel AID Adgsafurs-Ilius.r.ssa
LIE % tie Road Claude, Tu5Pin and Jssk sng
peis aeeount Of The most Dsr1g AdFenurss Of he aoa
String Jack Large Octave wigh sssl ssEaEinzs
Hundreds o. Osher and popular EoEs Il hiS aaS
800 - HAsAS Johnson,
sRl1 Bookssllsrs 20 8 Markst sssst
HOUSE PAINTING,
prouDnsas al hossVsr large sieh ay : -
6ilsdn style and terms Eh cannot AL 70 give ta
tlon. He Is sIso prspsrsd 70 essens a manner o.
szaa AID oRNkzznTAL PsIsTTss, MAREE1Ra.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

HElNDRACH q AUBLE,
THE CHE 9TEsT OVERS AND sCoURRRs
IN THE SOUTH AND WEST
TTAVE engaged Mr. JoHs ElSDss Gutter AID Taller ss
Il IL the best cutter and litter In The country.
IIsDRIcE KrBLT have each teen engaged Dyer1in els
city years. and have always gwen aIscfon
cleaning, dyeing. repairing and In PEiees
Orde he left At ter o No "A Public Square, So
= Cedar Street sPlt-A
FOB SALE.
yWyHE Steamer jefferson. nov IFfnT at
PGlucah, will be sold the most reazouabIs i.t4
tsnrs Fsr informA Non apply 70 Messr'. WATTS -
0IEEN CO., Padncab, KY, who alone Eahorl.a -
count for the Company. sspkt-al1
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

AERrvEn.-We had the pleasure Of meeting yes
terdny our old and excellent friend A q. Screws
bury, E-q, representative from Henderson county,
ret lected without opposition. Col. g has always
occupied high position as sagaciou5 aud liberal
legislator, and The people of Henderson exhibit
their god sense in retaining h servces.-Baansr.
We are always hePry 10 endorse compliment to
an Opposition when We think it just. What
the Bonner Gays of Mr. SHREWSBURY is true. The
Oppo'iDion Of Henderson compliment themselves in
tendiAg such a Inau TO the legislature.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

We sec it stated, says he Virginia Tadsr, thstthe
Republicans and Americans of the State of New Jer-
sey have eOalesced in the nomination Of State Off
GERS and that these two interests of the Opposition
are working together 'Hike very brothers." This is
very different from the previous report II tae effect
that the "a Americans had resoSed not to have any
thing to do with the Republicans unless they tine
Repuolcans) should come to them" We think that
the position of these two opposition interests may
be happily illustrated by the statement of Indi-
an m IrriRge custom.
The late CHARLES JOHNSTON, of Botetourt stated
in bis book upon Indian character, customs, etc,
that the marriage ceremonies Of one of the tribes
of North western Iudsns were performed On horse
back The would-bs bridegroom took his seat on
an Indian pony, fifty yards in the of tie select
ed bride, who was also mounted a horse like unto
that of her sutton. They to ride race of SIX
hundred yards each party to start at the giving Of
the word by the chief of the tribs If the pursuer
cought up with the object of his pursuit within the
distance marked out, they became and wife
aud Mr. JOHNSTON said the marriage was always
consummated ahea the roman lcqS aciiliRg.
The reader will easily make application. The
Republicans of New Jersey marched in full force
against the Americans, and obtained "peaceabie
possession Of them the latter being entirely adding
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01
AUTHORIZATION PRIZES. q.
IN oRpERING TIoKETs oR oERrIFIoATE5

Enclose the amount OfmOney address Tor what wst1
purchase Lottery which You with invested, and
whether You wish Woes Halves Quarters receipt OF
which, what is ordered by t Eail together with the
scheme
immediately after drawing, Printed Drawing, certified to
by the Commissioner. will be sent, with an Explanation
? Purchasers will please write their signatures plain, aud
give the Of their Post Office, County and State.
Accommodation strictly confidential.
All pz.s SUOO and under, pad Immediately after the
drawing Other prizes at the usual time Of 10 days
Orders for Tickets Cert hates BY Mail Express to lie d.
acta,ltn
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

The Lie, Correspondence ana speeehe,
or HENRY CLAN
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

lust received fresh Fancy Goods coms Brushes
% Purses Pocket BookS Port Aonnse Leather saes
cling Cases. Shell Tuckng Combs Vest Buttons Rsz1r
Toilet Mirrors, Scissors, Knives, SC all for sale low by
sep9g J. ". MCdILL.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01
HOTEL AND TOWN LOT FOR SALE.

ECLECTEC MAGAZINE FOR OCTOBER,
~ just received ~ HAGAN & JOHNSON,
sen2S No Inio rect,
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01
HOUSE PAINFTNG
HEINDRICH 4 KUBLY.

gHHE test Machine ever iayeBs fer broadcast soEne sas
u one thai every Farmer ahouId bare.
n1I5-im ARMSTRONG ( 90.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01
Time sale of Groceries
FURNISHING AND FANCY GOODS.

FURNISHING AND FANCY GOODe'
KXTE. receiving Ane assortment Of Furnishing
Nv Goods Of which SHIRTS-every variety pat
terms and latest Styles Co lars Gloves Susende Robes Neck
lies, Pocket andkerchiefs- Umbreos UNOERW EARevery
variety Money Belts HALF H0SEof Cotton, Merno
Cashmers-TRAYELING sHAWLS Gaunt!ets OF Buckskiu,
Kid and Cali, &c for sale by
seplg j. II. MCdILL.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01
FURTHEK SUPPLY
OF TRE FOLLOWING
NJ EW BOOK

VTIZ: MTZPAH or Prayer and FrieDdship.
ADAM BEDK, Nv George Elliott
WALTER THORNLEY, OF. A Peep ne Past.
THE FRENCH REV0LETIN0N ~ t7sg, b. J. 8 Ahbot.
ALSO, cOnPlete Stsek OF faas
MEDICAL BOOKS,
Just received and for sale, b. CHARLES ". sMITR,
sep2 Al Coiers Rtrest.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01
COALI COALIl COAL!I

for ETNA COAL which only contains SEVEN Der cent
ashes 1t is acknowledged BY all who be the most
economical by its lasting much longer giving more heat
Get load and dropping order Post Office
or at e Yard back OF the Nashville and Chattanooga Railroad
Depot lsepi8l l. j. AGNPW
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

4. G. EASTMAN, ,. G. BENNINGTON, J. o. GRuTITHi
G. G. P8TNDgXTER.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-01

| is respectfully invited. Also
Prof Paul 7. Ewes Pocket Gases
Mays
g sythotonny Gases
g " Tournquet.
Together With large stock Of Amputstng, Obstetrea
Dental and Trepanning Instruments Of ali kinds
RAINS & BROWN,
wholesale and Retail Agents the sale Of The celebrated
Tieman Instruments in NaShvilIe sen9s
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-12-17
DECISIONS OF THB sUPREME COUE1
OFFICIAL.

OFFICIAL.
STATE of Tennessee, az Jackson, April
stockIey, Va. ROEiey, Ashburner 4 Co.
This bill wac filed to enjOin judgment recovered
by the defendants against the complainant, pro
misory note for Sab H. made by the latter to the
former the l4th of April 1854 payable SIX months
from date.
The condition of the note was a quantity Of oil
sold bV the agent of defendants 10 complainant IN
the city of Memphis. The bill alleges that the agent
of defendants, at the time OF the sale, rePresented
the oil to be what is called machine Oil and to be
of good quality and suitable for that purpose But
that it was found examination to be entirely unt
for the use for which it purchas ID and OF ttls
or no value.
The answer denies that the oil unfit for the
se for which it was purchased and it is also denied
that the defendants agent made any representation
to the complainant whatever, in respect to the kind
or quality of the oil.
The proof of two witnesses establishes very iuliy
the Representations of the agent as to the deserp
ton and quality of the oil charged in the bill The
witness Guthrie proves that he purchased some OF
the oil from the complainant and sent birre OF II
TO the Memphis and Charleston Ralroadi but u was
returned to him of no value; and the Superlhtei
dent stated that it NEARLY ruined his engines
The Chancellor dismissed the bill, on the ground
it is said of want of jurisdiction to interiors atef
! trial and judgment at law. ,-,
Tho decree ignores the effect of the act Of 1872,
eh 365 sec g. Before the passage Of that actl was
the settled rule that if party neglected to make MS
defence at law whether the defence was purely le-
cal or from its nature both legal and equitable and
| no obstacle in the way of such defence existed IN
the legal form, he could not afterwards avail him
self of it in Court of Equity. But this rule IS SO
far changed by the act above referred to, THAR a
least in the cases not unfit for the investigation OF
Court of Equity, if the defendant neglect to sVa
himself of the objection to the Jurisdiction 6y De
nurrer and answers to the merits of the bill, the
objection is waived, and cannot afterwards be lnss
ted upon.
Such is the present case the defendants having
answered without exception to the jurisdiction and
they are precluded from doing so.
The case must be remanded for an account From
the allegations of the BILL the oil was not entirely
worthless and therefore the failure of consideration
was only partial; consequently the complainant mus
account for the reasonable value with interest there
on. Decree reversed. McANSkf.
Test NJ d. WEICH Clerk