davidaulloa/AmericanStories huggingface dataset:
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
Attest J. C. FRAZER, Clerk.
A.c. CARTER vs.. TURNER s. FOSTER ct ,al.

The the Chancellor is correct IN the first place
complainant fails show his compliance with the
conerring upon creditors the right TO redeem He credit
or offer the debtor with per cent the of his
debt Il be for less than the bid upon
and this condition precedent his
DEEM with which he must show he has complied.
The Judgment Hudson and wife Mckay
liens upon the land Of Mckay for twelve months After these
attached Mckay conveyed the aI in trust Foster
creditors By this conveyance the title to the land
vested in the trustee subject TO said liens Discharge
LIENS and the land subject the purposes of the
trust land sold satisfy the DEGREES of the Chan
and purchased BY the trustee and SUCH and in
the of trustee removed the membranes of the
thereby became perfect under
deed and such circumstances he could be permitted
the title which he have acquired at the Sher
hostility his rights trustee and thus defeat the
yery object his judiciary Office Whether he had express
power in deed the trust fund his hands
purchase benefit of the Qc outstanding
membranes the trust property make differ
parties having rights interest under the trust
They cannot be heard to complain of msappcaon OF
the trust fund made good faith the better enable the
carry the objects OF the trust by increasing the
fund his hands Therefore the land subject
demption the creditors Of Mckay in the hands of Foster
Neither the creditors Of Mckay insist upon the applica
of Of the trust fund than to
membranes the land and therefore complainant
right enforce the satisfaction of the judgment out of
bid Foster for the land the of the
Judgment Foser had paid 1t would have belonged
to the trust fund.- under the deed and not to Mckay So
think the complainant entitled relief either
ground and the decree Of the Chancellor affirmed
HAWKINS, Judge
J. Frazer. Clerk.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
r.H. cHILpREss, in srror, vs. wINNIE WEIGHT.


originated before Justice of the Peace of David
claimed the alleged unauthorized removal small wood
house. which sutler had erected the lands the de-
fendaat The Magistrate gave judgment for the plaintiff be-
low appealed Circuit Court, when
presiding Judge without the intervention of jury The JUS
tces Judgment affirmed and appeal prosecuted
to this court
ring the time this the State occupied by the Fed
army, regiment soldiers encamped the lands OF
the defendans built house thereon, which
lars building wood the plank,
which constituted nailed the upright
posts and studding The freehold upon which il erected
owned by the defendant, and after the removal Of
appropriate the building TO his And thereupon no
told by the defendant IN error she would HIM Ho
dsregarded this admontion and hauled OF the plank and
piled them other purposes" And this action brought
recover the value Of the house
1t H insisted under this state of facts that the sale by the
suer TO the plaintiff utterly void and communicated
title TO the house, that fixture and attached to the
freehold. The law that subject think, is well settled
subject to the law of the freehold But in modern times
the rigor this rule has been greatly relaxed in vcr of
and fixtures erected for the benefit OF trade But In the
cf Degrafenreid ScruSgs, HUMP, Ash this court
vendee the original rule prevails and whatever ax
ed to tho freehold with it. See, also, kents CON-
3i5-G.
the rule between executor and heir and vendor
and vendee much 1t applicable between door
and the rgful the freehold The
versy the record dscloes the facts erected
the permission of the of the freehold with
order of the military commander encamping his
and and when erected and attached 10
the freehold passed under the right of the SOIL could
not sold aud transferred by the uter who erected it,
The Judgment Is reversed and trial is awarded.
NILLIGAN, Judge.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15

substance Of the testimony the that signs blood
were seen on the turnpike, which traced place
fifty pounds partly skinned found From this place
there appeared be track leading in the direction
Sss5 Tss ID 1s the 'oDs,
He told by the witness that he would him. when
he replied he reckoned not and thereupon knife
and advanced the Witness who gave back and the pso
ner of He then pursued by party horseback
for several miles and shot at and finally ovetsken and
rested After the and when under guard
about two hours he took the told him. f
he would let him OF he would give him shoa and all ths
money he had"
further appears the prisoner told colored woman
who was examined witness against him. that he wanted
70 borrow bag to get turnps in and asked her
and that be would give her piece OF it. She declined going
further, and returned.
have been stolen belonged 10 Mrs Leak He knew her hogs
and believed this to be her but he did not know
whether she had parted with not Mrs. Ioak resided
about miles from place trial. home but
was not called a witness
II cannot be denied that the facts aud circumstances Of this
case produces strong suspicion OF the guilt OF the accused
but without first proving the corpus dthat is that the
hog bad been stoenthey not Of themselves sufficient
Justify the conviction Of the prisoner of felony The case OF
Tyres the State, Hump presents stronger than
the before the Court and it held in that that the
evidence establishing the d too slight to sustain
q verdict Of conviction.
The alleged confessions of prisoner entitled but
little confederation He was under arrest time
surrounded by strong guard had been chased shot at
and most only made such statements tended mpicae
him In tho crime Of which he accused He did not admit
the crime anything except inerenta which coupled
In ike the statements of the prisoner to the coIcr
ed in the absence Of proof of the d too
uncertain and unsatisfactory predicate conviction
upon Suspicious they may be, they inconsistent
establish corpus de fact that the property
stolen II the of the State to have called Mrs Leak
within miles place trial who doubtessy could
have removed Of the doubts that naturally arise IN this
The Judgment must be reversed trial awarded
MlLLIGAN, Judge.
A. frG.-l
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
Attest: J. C. FRAZER, Clerk.
STATE w c AIITltHEI

This Indictment for usury against the defendant
error The charge in the Indictment is the defendant unav
fully did exact and claim of of and from John Mitch
ell the of five dollars for the loan deiyerance and
Of sixty live dollars, at terms usurious &c
The defendant moved quash the Indictment, which
sustained the court The Attorney General
peaed We think the court erred in quashng the indictment
Al oense is distinctly charged The words 'd exact
sufficiently comprehensive.
The term implies to nforce to exact Did exact implies to
nforce the paymenta comprehensive word express
Illegal of the could be used The Judgment
and the remanded TO the Circuit Court
Macon for further proceedings.
sHACKELFoRD, Judge.
tast.I i C HRAZrR Clark.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
Attachment.
J James p. Balch VS.. Emsley Beetles.

James p. Balch vs. Emsley Bellies
THIS SUIT WAS COMMENCED BY
Attachment Justice of the Peace 1t appearing
from the affidavit the plaintiff which the attachment is
sued in this defendant justly indebted to him
and that he has abscondd that the ordinary process OF the
law cannot be served and the attachment having been
levied upon the lands Of the defendant On notion it Is
dered that be made in Brownlow Whg fer
successive weeks requiring said defendant TO appear before
me 1t my house. near cambridge Jefferson county, Tenn on
the hrst day OF March, 1867 and thus
ed, otherwise the cause will be proceeded with pare
augl-4t% JAMES III CARSON j. ?.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
CIRCUIT CoURT-MADIsoNvILLE.
PETITION FOR DIVORCE.
Eliza A. Wilkens vs.. John NJ, Wilkens.

IN THIS CAUSE II APPEARIN q
from the allegations the bill that defendant
of the State of Tennessee 1t is therefore ordered thai
publication be made for four successive weeks in Brovnow
Wg notifying said defendant to appear the
Ccu Court be held for the county of Monroe at the
court in the of Maisonyie the second Mon
day September then and there to plead
mur conpainants bill filed in this the viii
be taken confessed and set fer hearing parte.
Angust L 1S66-4tpf5 WM. N. SMITH. CLERK.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
Attest: J. G. FRAZER, Clerk.
IcHEBoD F. CAMERON VS.. cARoL1SE CAMERON.

This bill filed in the Ohancery Court Nashville
divorce The bill alleges that in 1850 the complainant and de-
ndant married in the State Of pennsylvania and early
in 1860 the complainant removed Tennessee whero he has
resided since The defendant did accompany her
but remained behind where charged she has been v
ing in adultery, and in consequence of her Illicit intercourse
tho paternity of which is denied by the complainant
plea answer was filed by the WIFE, but appears pub
lcaton regularly made and judgment cosso
tered against the defendant The proof establishes the adul
thing in relation to the character for virtue
and chastity since the separation The Chancellor dismissed
the BILL and there appeal prosecuted to this
Court.
contract peculiar and in respects different from
al others 1t for life and the parties have no power by
mutual consent to dissolve it. The moment it is soemuized
society," for interested in the fidelity with
which shall be Observed and cannot be annulled without
of tribunals of the country specially clothed
with such power The law itself will not allow divorce,
upon the solemn admission Of the parties in the plead
upon be established by clear and satisfactory evil
dence Were the law otherwise, the bonds Of matrmony
the marriage relation, with all blessings
converted into engine mischief and crime
dissolution Of bonds matrmony require the par
y making the application to come into the court with clean
The Code section 2 declares T the assigned for
% n. # dndsn ee pore
ls That the complainant has been guilty Of like crime
I'd That the complainant has admitted the defendant into
conugs society and embraces after knowledge of the crim
nal act.
3D. That the complainant if the husband allowed of
wifss prostitution and received him therefor.
4th That he exposed her ed company whereby she be-
came cnsnared 70 the crime aforesaid"
requires these defenses be alleged pose
but not necessary that they formally set up and retired
ca notice the requirements OF the statute and ap
amave By satisfactory proof of good character
otherwise exist before the Court
authorized dissolve solemn relation that of hus
band WIFE And this is necessary after judgment pro
cojssso the facts charged in the bill
The evidence and the peadDgs and presumpons of law
constitute the ground of divorce And presumpons Of
good character conduct which might arse-nohng a
pearng the contrary in other sufficient in
Of divorce TO upersede the necessity of affirmative proof
Affirm the decree
NILLIGAN, Judge.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
Attes: : ]. C. FRAZER, Clerk.
AMIsoN poyEY. for the use. etc, vs.. JOHN o. EwI.

AMISON { DOyEY, for the use, etc, JOHN o. EWING
action of trespass the case, brought by Ami
son Doyey for the use OF . T. FISHER Co. IN the Cifc9
viduay liable its acceptance Endorsed upon five differ
and the foundation of this action To the decar.
demurrer, setting on it the several
of demurrer the defendant did become pay
the several sums mentioned in the orders sued upou in his in.
iyduai right bnt that the Nashville and Northwestern Rail
road Company of which he treasurer at the me
sponsible for the same.
The court sustained the demurrer from which the
plaintiffs appealed TO this court.
by them indorsed to J. G. Fisher Co. Language Of these
orders except dates and the of the
drawers, are as follows viz;
''hr John o. Eag Pay to the order of Amison Dovey.
ninety 4''i"''' % - ''''' 'l' ' j. H. McADoo"
The other two ORDERS differing only amounts dates and
the OF the drawers in the following Language viz
NASHVILLE, April R the 9th 1851.
N.Y. Pay Amson DOvey two hundred and hftyhve dol
lars and charge to February estimates
The Language Of the defendants acceptance Endorsed all
OF the orders, in these words, viz:
Acoefted, payable on return Of March estimates.
Under this state Of only question arising on
his aecePtsnces And think be is BE acted in
@ sts hv our own ana the law r Ts settled IN
principles Of common law that public agent is net indydu
ally liable of undertakings made by him within
scope agency conformity 70 the esabshed
the business he employed to
de may 1t is true transact the scope and limits of his sgsn-
and contract in his individual capacity withhold hi.
agency from the person with whom be deals thereby
make himself personally responsible But in all cases
imagine viii be found that the credit given
agent and not his principal that the the
or undertaking he made himself legally liable Powell
French, Her.,446.
In this the contract made with the railroad
pany the credit TO the corporation and the defn
dant by the Of his acceptance disclose the capacity
which he accepted the orders designated the fund out
which they TO be paid In addition thereto
ance the funds cut of which orders were 10
paid were not time the acceptance in
hands The holders had sufficient notice. by the Language
the acceptance themselves that they look the
Nv with whom they contracted for payment
dants Office the place which its disbursements
made.
The difference the language of the orders makes differ
ence under of this case in the legal liability of th
defendant.
! Affirm the Judgment.
MILLIGAN, Judge.
rrart
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15

FaIsoa Eaca6G CO., Hiss, Aug. 25, 1860.
Msssrs DuvsWe have been running the portable engine,
mill and mill purchased Of some months ago.
We average tough scrubby pine from 5000 1000 fset Of
lumber day. and could to hurry hands
twelve thousand feet per day We grind % to 25 bushels Of
per Many persons have twenty and thirty
miles mill She the wonder and admiration Of all
We cheerfuy recommend them those Of mills and
engines G. \. HAMILTON CO
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
WiIso.,i1L. ,Socaesy CO.. Ky.. Hau 81

WiLSohUiIle Spcacer co., Ny, Nay 81, 1860.
Messrs. Duval-we sawed 500 of seven
teen logs, the frst day started MILL without moving
hours We believe your portable engines
mills second in and cheerfully
mend any of mills and engines your shop
I. L. COLLIER PRUSSELL.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15

Cross Plains, Ripley CO., Ind, FEB. FL 1861.
Messrs Duval-roday sawed 14Oog feet of lumber in
About threeonrtbs of inch
ber. The mill does very we'll Yours. truly,
SAMUEL kENGEr & 90.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
Braiatrem, Wyominq c.

Braiatrem, Wyom;ng co., Pr .Hag ], 1855.
J. Il. DuvasTE The Engine and Mill purchased of you,
which Mr. Hardesty has started will do you
prom ed and in the best II will from 10000
Is ,0O9 feet in ten hours. WALTMAN 4 GAY.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15

Alpine Depot, ". v, Sept %, 1865.
j. II. DUvaSIR With the assistance of Mr.. Hardesy,
have just completed the setting of the Portable Engines
Mills purchased of Mil No the frst day cut at the
Of 800 feet of Oak and Pine lumber per ho1r Mill No g.
have just started and with equal They working
entire satisfaction feel confident the machinery
will DO all you advertise. Yours truly,
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
Attest: JESSE C. FRAZER, Gle
kpoHN YoUNKINS. a free IN

kJoHN YoUNKINS, free of COLOR vs. THE STATE.
The prisoner John Younkins free of color, in
doted and convicted in the Criminal Court Of Davidson for
stealing hog The Indictment lays the property stolen IN
Amand Leak There exception the charge of the
oer and the only assigned arises the proof II
INSISTED that the corpus dee s not sufficiently proven The
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
Attachment
A. E. Wilkins Ben. Dickey
THE PLAINTIFF ON AEEInANIT

Il defendant indebted to him and so aseoDds
crdnsry Of law be upon him and
having obtained original attachment against the estate
the defendant returnabe before John Roberts, use
of the Peace for Knox county and the having been
levied his property 1t is ordered by said Justice that the
said defendant appear before him at his Office Campbell
Station, Knox county, Tenn the 10th day of
next to defend said cause the will be taken
fssed and for hearing parte 1t is further ordered
that this notice be published for four successive
Brovnlow's Whig.
augl-1t@ JOHN ROBERTS, J. P
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
THE STATE vs.. j. S. sHARRER.

prescntment Tor 'seng Wine and Ale Sunday.
motion, the presentment Quahsd and the Attorney
General behalf Of the State prosecuted appeal
o this Court.
The question raised the record is whether not,
the sale of swine ale Sunday, constitutes indct-
under the statutes The Code, Section pro-
rdes grocer other person in this State shall
retail spirtuous liquors Sunday The previous sction
Chapter Article st declares that THE provsions Of
article be construed literally prevent
subterugs and to eecuats the object had in
Without referring other sections Of the Code, which
elucate the meaning Of Section 46l satisfied
that sprtuous liquors. used in this Section
evidently employed in general and intended to
prehend alcoholic intoxicating liquors. The manifest
object Legislature the desecraon of the
Sabbath which, law dedicated to the worship of
God religious duties b the sale Of
tice which calculated produce the shame
disregard all the proprieties and duties of life The
fined distinctions between distilled and feTmened liquors
wholly unaVang when they conravene the purpose and
ect Of law Practically ii make difference wheth
alcoholic principle separated by sation devel
oped fermentation In either the effect produced
the person drinking it to excess, is the
The dgment must be reversed
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
TO THE MERCHANTS AND FARMERS
OF TENNESSEE.

IHE UNDERSIGNED RESPECTFUL
LIZ offers you his services Purchasing and Selling
Agent.
His experience has been acquired by
purchase and SALE during the past Iy yea Dry
Clothing, Boots and Shoes Notions Groceries Hardware
Queensware, Stoves Agricultural Implements &C. both
the Wholesale and retail trade.
During the past he has much time
Manufacturers Of the North with whom
arrangements fill all cash through at their
to'7s prices especially in Boots and Shoes Umbrellas
graph and Ambrotype Materials Table and Pocket Cutlery
Chairs, Portable Steam Saw Mills Horse
Mill Findings Shnge and Lathe Machines Railroad Supplies
Buggies and Harness. Cotton Gins of the
tural Implements and Farming Machinery ali kinds
gether with all kinds Machinery necessary the
facturer of Cotton Wool.
lie has also made arrangements to supply the hest Petro-
ieum, Lubrcating, Burning Oils, and Oil Lamps
will be able procure anything New York or
New England upon the shortest notice the lowest
price.
s VIII also act Agent to adjust all kinds Of debts
sed before the due to parties in of the Northern
Cities.
He will also take great pains sell all consignnents the
best rates to be had in this market will liberal
vances upon consignments when in store.
II. WALKER,
Formerly of Knoxville, Tenn.
msFzs ON Office, IS Broad Street, New York.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
Lsbay,r Ry .Eeiu

Lebanon, KY, july H. 1860
MesrS puVaI protest to know but little about machinery
but pleasure bearing testimony the fact that the
portable engine and mill purchased of you cam in my
opinion three times much lumber in day other
mill in country We have sawed 50 feet in thirty minutes
We saw from 1,j00 to 1900 ieet per hour. --.
Il. B. HARRISON.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15

Charlotte, Mich, March 18th 1866.
J. H. DuValslR My Mill and Engine giving the best
satisfaction had running in Eve days after receiving it,
The st day after starting MILL sawed - logs into inch
Jumbo making 10 645 feet in nine hours On the day
sawed 1880 feet in 10% hours Il timed
when boards 16 in each board in minute.
Yours, truly GEO. N. POTTER
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15

Sugar Run p. o., BratlJord co., Pa., Horch a. IS65
Messrs J. H. Duval-Gents The portable engine and
mill that purchased of gives entire satisfaction
We twenty after starting sawed 200 900 feet
of frozen hemOck timber which call tn best saving
done in Northern Pennsylvania. The mill By Mr.
Hardesty. GRIFFITs & STONE.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
MUSKlNGUM VALLEY
ENGINE WORKS,
CORNER MARKET AND THIRD Srs.,
GAINESVILLE, OHIO.

HAVING ADDED GREATLY TO OUR
IL former extensive facilities, turning OFT
large number of Improved Portable Steam and
Portable Circular Saw Mills Those already received and
operation giving the most entire satisfaction There
hardly State Territory in the Union but Improved
Portable Engines and Saw Mills All Engines
have spark stack them which the sparks
We would respectfully refer you TO the following gentlemen
and the portability utility opers
ions of our Portable Steam Engines and Saw Mills:
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
HaucocE. NJ. Mr.. IL. 1856
BRIDGES, HENDERSON & DANIELS.

HaHcock H2., Sur IS, 1865.
J. H. DuvaSIR The Saw Mill of twenty horse power pur
chased has been by Mr. Hardesy On Saturday
last sawed 5000 feet in eight hours We safely
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15

Locus. GroUc. Weakly CO., Tea., Udrcb Is, 1859.
Messrs Duva0n last Saturday last something
feet of inch poplar lumber worked eleven hours forty
Eve minutes N Nash attended the We cut this amount
logs from stdmps do 1t every day with
good logs and hands Ds. L. J. SHANNON.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15

eW We fully warrant Engines and Saw Mills to be
made Of first class material workmanship the same, and
from 5000 to 10000 fee. of Lumber day. tsay ten
hours0
Orders solicited Descriptive circulars sent to all corespon
dents. Address
COCKILL SEYMOUR,
Agents for East Tennessee,
msy9-6m Knoxville, Tenn.
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15
JOHN L. HTDIRURG

GROCER, PRODUCE AND COMMIS-
" SION MERCHANT
South side Market Square, KNOXV VILE TENN
Best brands Family Flour on hand at all tines which We
deliver free of charge Ipr2Jtf
Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-15

JUDGEs-SAM M1LLIGAN, JAMES &. SHACKELToRD,
AND ALVIN HAWKINS.
THOMAS u. CALDWELL Attorney General and Re-
porter.