The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1870-08-16
b., III. Independence" to admi. i D,


aliases We cannot speak advisedly, no
knowing, intimately, his personal histor!
prior to his leaving England and Austria
liza for the United States. In this letiel
the editor Of the APPsAL Is roundly
abused through the medium of some
distorted truths and many bold and bar.
ren falseboods, all of which are intended
as final and crushing reply to a state
ment of fact made in our issue of the
Sth Inst.
Now there are two unfortunate cir
cumstances connected with this long
drawn Crescent correspondence Of Mr..
Parkinson. One is that We have ever
felt constrained to notice such q person
at all and the other is that a man of
bis peculiarly vulnerable character
s5ould have permitted himself to thrust
himself before the public in the light Of
an accuser. His position painfully il
Illustrates the old adage that "a man who
lives in a glass house should not throw
stooes.'
We choose not, in this issue (hoping
that, in the meantime, Mr.. Parkinson
will become sensible Of bis e9uivocal
position aud subside from tbs public
gael TO make publication of certain
Cuisines" transactions Of his in
Washoe Couuiy and we will content
ourself with a brief relation of q very
peculiar aud Interesting Law case Of which
we End mention in the Fifth Volume of
the Reports of the Nevada Supreme
Court,
By reference to page 233 of that vol
ume We come upon the case of Abraham
Hopper respondent rs. Richard r. Par
kinson ct al. appellants. As illustrative
of one of the makeshifts to which Mr..
Parkinson has seen ft TO resort to rescue
himself from the condition of poverty to
which be Acknowledges aud which he
tries very hard to make appear is the
cause of our enmity toward him ian en-
nifty of his own, gratuitous, provocasion,
for, God knows, we neverperformed any
other than acts of kindness toward the
poor man) We will quote as follows from
the said decision:
On the twenty fourth of April. 1865, Hop.
per, the respondent herein, sold to Richard
L. Parkinson, one of the appellants herein,
a 10, of land in Carson City and Improvements
thereon, including dwelling house. A deed
of conveyance in the ordinary form was exc
cuted, but no part oftte purchase money beng
paid, said Parkinson made his promissory
note for the amount expressed in the deed as
the consideration of such sale, and also exc
cuted a mortgage to Hopper on the property
so conveyed, to secure the payment of said
note. The deed. note and mortgage are Of
corresponding date. After
maturity of the note and its nonDayment,
Hopper brought suit against the maker there
Of to recover judgment upon the note and for
a decree of foreclosure against the mortsaged
property. In this
case, as we have seen, CONTINUES the Court
the vendor made deed without receiving any
par: of the purchase money, but cotemporane-
ously with the execution of such deed took
mortgage from his vendee, covering this ideu
teal property to secure this payment Of the
pu. chase money. Perhaps the
property may have become impressed with
the character in respect to other debts, yet
the exemption here claimed must be held sub
ordinate to the mortgage; for no homestead
claim could be made until after the purchase
was ELECTED, to wit: the payment of the pur-
chase money. (Mc Hendry rs. Reilly and
rife Is Cal. Is; Peterson Is. HoynbLocer, 80
Cal. 275.)
Winding up this, its decision adverse
to the attempt of Mr.. Parkinson TO claim
as bis homestead q house and lot for
which he had never paid . cent, the
Court says:
Sand, even if executed subsequently to the
declaration of homestead" as aptly expressed
by Justice Rhoades in the case last cited,
lit would be held by any Court in ~hich it
might be foreciosed, upon the plainest prin-
ciples of equity, TO have priority over the
homestead claim, unless the Court was pre-
pared to hold that the act was . legislative
device to enable purchasers to stumble eend-
ors."
The Richard r. Parkinson who fig
ures in this peculiar transaction is the
person who has been, for the last eigh,
or ten months, the regular and accepted
Carson correspondent of the Crescent,