Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1879-11-13
have already published, and were discharged.
On Saturday of the same week the petit jury
,roo o1o d;ooborood

Cne CIVIL size Oh Cne COurC:
j. S. NJ. Daridson and rJe, as. s. r. Moore,
executor and trustee, and J. Fickling and acJe
against the same, were tried together, and
came up on exceptions to report of referee.
The actions were to recover balance of lega-
cies in the sum of ten thousand dollars each,
under the will of j. S. Moore, deceased. The
cases were argued by Messrs. James II. Rion
and Jas. F. Hart for plaintiffs; and W. B.
Wilson for defendant. Decision reserved.
A. s Wallace rs. j. s. Bailey, administrator
Of s. X. Gill, was an action on note of intes-
tate. The defence was payment of all the
assets of the estate The report of the referee
was recommitted, with instructions, to re-
state the defendants accounts as administra-
tor under instructions. Messrs. Witherspoon
& Spencer for plaintiff and Hart & Hart for
defendant.
j. N. McEl,cee, Sr., Is. j. N. McElUee, Jr.
Action of trespass to try title. Defendant
claimed the land under an Indian lease, as
signed to him by John McElwee, Jr., in 1887 ;
and also by adverse possession for the statu-
tory period-ten years. Plaintiff claimed un-
der mortgage made to him by the said John
McElwee, subsequently to the assignment of
the lease to defendant, and under sheriff 8
title made in 1889, based upon a judgment and
execution obtained after the mortgage. Plain
tiff had no notice Of said assignment. De-
fendant occupied the plantation from 1887 to
1916, and then suffered it to 60 to waste. The
Court decreed for the plaintiff. Messrs. With
erspoon & Spencer for the plaintiff Messrs.
Wilson s. Wilson for defendant.
The County Of York Us. John L. Watson.
Action for an accounting against defendant
as ex-County Treasurer, and to make good the
loss of the county funds in the Citizens Sa-
wings Bank. The Court sustained the report
of the referee that defendant was not liable for
said loss, holding that he had used due dill
gence in his attempt to recover the funds on
deposit; but it disallowed the commissions as
allowed by the referee An order was made
recommitting the report with instructions to
substituted referee, Mr.. Winthrop Will
liams assistant in the Comptroller-G Generals
Office, to state the account in a certain way
prescribed in said order. Messrs. Hart &
Hart for plaintiff Messrs Witherspoon &
Spencer for defendant.
j. r. Witherspoon Us. Fl. F. Adickes. Ac.
tion for an accounting of the copartnershil
matters of Adickes, Byers & Co. Decree fol
plaintiff for 81 ,270.56, confirming the report
of the referee. The principal point involved
as regards the result, was whether plaintiff 's
receipt to defendant for moneys paid to him
during the war, on account of the business
was liable to be scaled, the proof being that il
was paid in Confederate currency. Messrs
Wilson & Wilson and Bell for plaintiff Mr.
J. S. r. Thomson for defendant.
H. f. Adickes ct al. IS. J. Thomas Loury e
al. Complaint to recover real estate. The
plaintiffs claimed under sheriff IS title based
upon judgments and executions against Ali
son & Bratton, under which the property was
sold as that of DR.. j. r. Bratton. The de-
fendant, Lowry, claimed under bond for ii
tie from DR.. Bratton executed before the judg
ments became liens-having paid about S4Ot
up to that time. He was in possession wher
the land was levied upon but he was also thu
agent of DR.. Bratton, and the sheriff testified
that he did not disclose his claim at that time
The Court held that the land was not liable tt
be sold as Bratton's property, and that plain
tiffs have no remedy against said land for tht
unpaid portion. Messrs Witherspoon & Spen
Ger for plaintiffs Messrs. Hart & Hart fol
defendants.
1t is understood that the cases of York rs
Watson; Witherspoor u.s. Adickes; and Ad
ickes rs Loacry, will 60 to the Supreme Court
L. Alexander rs. Foster heirs. In this cast
a homestead had been assigned to defendants
consisting of house and lot in town and {
farm in the country. The Court held that a!
the farm did not adjoin the house and lot, il
was not appawtenant within the meaning o.
the constitution, and could not, therefore, bt
set off with the house and lot. Mr.. J. l.
Wilson for plaintiff Messrs. Witherspoon &
Spencer for defendants.
Mary Pitn,an and another rs. Alec. Will
ford Suit to set aside sale of plaintiffs IS land
through probate court, for certain Irregular
ties. Decree by consent, vesting land in de
fendant upon payment of 1926 and costs
Messrs. Hart & Hart for plaintiffs; Messrs
Wilson & Wilson for defendant.
J. NJ McEl,ree ST., rs. John Barber ct aL
was an action to have certain DEGREES of tht
probate court vacated on the ground Of sub
sequent alteration in inserting in the decree:
an amount for costs. The Court denied thu
relief and dismissed the complaint. W. G.
Beattu rs. j. N. McEl,cee, Sr., was an actor
on note given in part of one of the judg
ments and involved the same questions
Messrs. Hart & Hart for McElwee; Messrs
Wilson & Wilson for Beatty, Barber, ct al.
E.. M Kelly, ADMINISTRATIVE, rs. 7hadde'S
K. Bates. Defendant was the agent of the
administrative, who lived in Columbia. I'm
der an order of the probate court, he sold the
accounts and notes of the deceased, Michael
McKenna, and among them two notes and an
account on himself, which he bought. Ad
mitting that he was able to pay the notes and
account, he was held liable for the amount
thereof, less the S1.5O bid for them. Decree
was entered against him for $19632, being the
amount of his notes and account and the pro-
ceeds arising from the sale. Messrs Bauskett
and Hart & Hart for plaintiff Messrs. Beat
ty and Wilson for defendant.
J. Y. McFadden Us. G. W. Lafayette ct al.
Action to foreclose mortgage for alleged bal
ance due; about $3.50. Consent verdict for
$3.50 without costs. Messrs Gage, Hart &
Hart for plaintiff Messrs. Wilson & Wilson
for defendants.
A. j. Myers as &C. II. Myers d Bro" rs.
Allison g. Bratton. Suit on two notes dated
NAV 1S, 1873. Defence: that Allison had
then no authority to sign firm name to notes
firm having dissolved in June, 1872. Verdict
for defendants. Messrs. Hart 4 Hart for
plaintiff; w. c. Beatty, Esq, for defendants.
Whitaker O. Wilson rs. Western Union 1ele-
oraph Company. Suit for damages. Wilson
had sent Whitaker, then in St. Louis, Mo-, a
telegram stto buy StOck.N The telegram was