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The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
WORCESTER'S UNABRIDGED
Pictorial QlaTtO HiGt Olary

Bound In sheep. 1894 pages. Over 1000 il
lustrations. Issue OF 1879
Our contract with the publishers of the
Dictionary expires Dec Slst 1873, anT Messrs.
:. 4. Lippincott & 10. absolutely refuse TO
continue the contract beyond that date on
the same favorable terms Weare, ther efore,
compelled TO withdraw the Dictionary pre-
MUM At the expiration of the present year
but we purposely give ample notice, so that
our subscribers and the public in general
mry avail themselves of the surprisingly
low ter'ss TO get the Dictionary in CO.. nee
ton with THE INDEPENDENT We viii send
this Dictionary 10 any person who will send
us the usmes of Thr.e New Subscri bers and
Nine Dollars ; or who will. on renewing his
own subscription, in advance, send us Two
New Names additional. and $500 or who
will renew hts own subscription for three
years ia advance. and send us $500: or for a
new subscriber for bree years. and - 90.
The regular price OF the Dictionary alone
AT all the sook torres il s10.00 while The low
est price for three year- subscription Is - %.
Both the Dictionary and the three years sub.
scr ption under this extraordinary offer, can,
there be had tORelh her for only 50 %.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25

NOR SALE OR TRaDE-Ona house and
n fCt, or three hou-ts and five lots, frT
Improved land in the county. This proper
ty is convenient TO the rock Island Depot
JAMES GILMAN,
decit AIT Cney eane street.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25

Re-We have decided TO withdraw on the
3lsi day OF December 1879 all the pre- mipms
rox offered by su bscrbers. a fulI list Of
which appear below, SO that those no wound
avail themselves Of our liberal offers must
by Sd before Dec Slst, ls79
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
a slight Mistake,

fne following from the Atchison Champion
istrne. except that Mr.. Dodge Is foreman In
the TIxEs news room:
our Old friend :. a. Dodge issued the first
humber Of the lie Roy Reporter ard then AZ.
oepeed situation In the Leaven worth T,Nss
yoo once. Il y evident that weekly journ.
p0m hAo no charms fog DODGE
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25

From the steady, firm ard regular beat of
the aetrt, replacing Interrupted and feeDie
action of that Or2an. demonstrated in "a va
rieIy o, cases, Fellows Compound syrup ot
Hy popbOsobites f. known to exert a power
fui tonic .tfec. ON the muscles of the Heart,
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
THE RsV. JOSEPH COOKS
BOOKS.

entitled BIOLOGY" "Trsuscendeptaltsm. -
"Ortnoioxy". Conscience." .Heredity," a, d
Mari ee,' embodytng the authors previous
remarkable Monday lectures. They are pub
lIshed in handsome book form by James X.
Osgood & Co, of ston. --wlli m all a COPY
OF either of these works to any suhscrlbor
us $500 for one y sr IN advance; or any
subsci Der may remit Us II 50 and We will
send MIN The 1NDkPENDkNr Tor two years
in advance, and two volumes postpaid; or
any three volumes postpaid, to any one sun
scrioer who RENTS US - 90 for three years
in advance
subscription price s. 90 per annum in ad-
vance. including any one OF the following
Any one volume OF the Household Edition
OF Charles Dickens Works bouud in c 9th,
With 6 illustrations each By Ha. Ey'inge-
Moody and Ssnkey Gospel Hymns and S.
Lincoln end bis Cabinet; or, First Reading
OF the Emancipation Proclamation Fine
large Steel Engraving. By Richie. Size,
Authors OF the United Ststes. Fine ,arye
see s.esi o, snssrsvins. ~ Portrsits- By Richie.
Ch.ries Sumner. Fine Steel Engraving.
Grant or Wilson. Fine Steel Engraving.
Edsin 4. Stanton. Fine Steel Eng av,ns.
III Inner Life of Abraham Lincoln. Bv
Frank B. Carpenter. Bound in cloth. $40
We oner one premium only for one yesr.
su use ipnon.
Sub scription $500 per Annum
In ADVANCE,
Specimen copies sent free
Address THE INDEPENDEN
Pc. Box 2767 New York CITY.
Cutous this ADVERTISEMENT
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
OFFICE OF THE LEDGER.

New YORK Dec. 2, 1873
This Is to certify that 1 have used the Lo-
ton known us "Sap-Dule," aud lind it to be
an excellent article for aIisying titmuna-
ton. RoBBERT BONNER.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
COLLINS, v. Y Feb. 10Th 1879.

Gertemes-We churned one gallon of cream
to-day Al n tsmpeItuTe Of 70 deg, using youf
Gilt Edge Batter Mayer Time of churning.
Is, minutss-resuII. Ais pounds Of butter.
Color, good. As we have not previously
weighed our butter, OF course we cannot tell
whether ther- Is n better per cent, or not,
but appearances indicate II, and the quaint,
is at least two cents per pound better. Yours.
NJ E WILBU 4, Propr of Collins Creamery,
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
Verbum sap.

The popularity of " SiPanuie" is increas-
ing with the increase of the use OF the article.
Either for man or beast the lot on is excel
lent, subGuing inf Animation, sllsying IrIi-
tstion, and PRODUCING An iDvigoratsd condi-
ton OF The skin and flesh. Mr. Robert Bon
ner Is not gwen to issaing statements COM
pimentary Of remedies which ma has not
tried. the following certificate which he has
chserfully given speaks volumes IN favor OF
San
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25

!. The lien Of aj1dgmsnt or an execution
levy Is on ' upon the actual interest OF the
judgment debtor in real .statess nd does not,
except in ca-.s wbere the doctrine OF estop-
pc spp.i e, extend to interests, which oy the
record are apparently, but are not in fact
vested in him.
Q. TIE lien of a mortgage unrecorded a.
the date of a Judgment, but rscorted be ore
the sale upon an xecutln Is ued thereon, Is
nrtor 70 tn.. lien of the judgment, and The
purchaser buys with tine constructive notice
of the mortgage
All the justices concurring-
A true copy. Attest: L. Known,
isl Clerk Supreme Court.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
Administrators Notice.
NE STATE OF KANSAS. tss

TIE STATE OF KANSAS. -,
LEAvESwORfH COUNTY,
In the Probate Court in and for said county.
In the matter of the Estate CT Francis Zsdon,
deceased.
NOTICE Is HEREBY GIVEN that. Letters
~ OF Administration have been granted
u the undersigned ON the Estate of Francis
Il don, late of said County, decreased, by The.
honorable, the Probate Court OF the county
and state Aforesaid, dated the eighth day Of
December, A. b. $50. Nov, all persons
having claims against the said Estate
hereby nOIihet that they must present
the same tn the undersigned for allowance,
within one year from the date OF said
Letters, they may be prscluded from
Rnv benefit OF such estate and that ~
such claims he not exhibited within three
wears after the a tie Of said Letters they shall
be forever barred.
:. SINfND~Gs. Administrator
or the Estate OF Francis sdJn, deceased.
Thursday ID. c II, 1872. wSr
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
Sherif's Sale no. l21.

hUBLIC NOTICE il hereby given that ur-
Il Ger and by virtue Of d JUDGMENT render
81 Ia the District Court in the Co1G.y Of
IsayenwOTtn In the state OF Kansas, in an
action wherein II. W. ide as receiver of the
Estate of the Kansas Insurance Company ~
Plaintiff, and the First Cumberland rresby. =
terrain Church aud others are Defendants,
and OF an execution issued on ID judgment
to me directed and delivered, WILL on Mon
day, the 2s.h day Of December A. ID 1873, at
eleven O'Clock A. " of that day, at the south
front door OF the court house in the CITY OF
Lr-. ven " ortb. in the County OF Leaven worth,
IN the -fate Of Kansas, Offer az Public Sale
snc sell TO the highest bidder, tor cash IN
n ard, the 70 lowing described tracts of land.
situate, lying and being in the County OF
Lesveb worth, IN the State OF Kansas,
n mely:
LOIS seven q, ard eight 81, in pOck forty
eight t3sl, IN Iesvenvortn Coy lyrOpsl) IN
the County OF LeavenwJrJa and state Of
Kansas, together with all aud rIngul4r the
bersdiiiinents aad appurtenances tneIet be-
longing.
Dated this 9th day of Eoyembar, 1872
r. q. LOWE,
Sheriff If LeaysnwJrtb County Kansas.
T.. A. Hurd, Attorney Tor Exchange Bank
of 81. Louis
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
Our Wool interests.

The census of 1910 reported twenty four
wooden factories In this country that spun
yarn, and $685. 69 yards Of wooden cloth
woven in families, valued At s4,4lS,0OO. In
ls5O there were so wooden establishments
produced goods OF various textures valued at
s43,000;O0O. In 1860 the wooden establish.
ments had increased TO 2020, employing &c.
900 males aud females, and producing goods
to the vsine of s67 800 co annually. Owing 10
the great demand Of wooden z DDS to supp y
the army with blankets, clo,hinR, etc In
the rebellion, the WOODEN factories in the
United States increased nearly one-haIf in
ten years, and the census Of 1870 counted OF, =
90 perrons As employed in wooden factories,
who annually produced goods TO the value of
SLIT 900. co...
With the Increase Of population the de
maud for wooden fabrics continues about the
same. and there are &c the present time about
the same number Of mlis doing about the
same amount of business as IN 1872 just be
fore the nuancial panic commenced. But
with the natural facilitIes for the raising of
sheep AM the manufacture Of wooden goods
the demaBd for wool and wooden goods in
this country Ii far ahead OF the supply. Ia
The past forty.six years, or since 1888. tn.
United States have imported wool, either
manufac ured or unmanuiactured, TO the
value ofsl ,2iO 10000. Fort's past four years
tins county hes imported WOO! and wooden
goods 90 the value tin the aggregated of $780,
UtO0A, while the export is a trifi-. In 1875
the total duties on wool and wooden textures
amounted to $50 9i4 CSC, and with the excep-
ton OF four years pr,Or to lsis. Was larger
revenue than ever was produ cd In any one
year in this country, or within 80 0O0,OJ0 OF
what was expendsd in the ell hL years Of
WashiD2ton's administration.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
sheriTs Sale, No. I25.

DUBLIC NOTICE Is hereby given that IN
II der ana by virtue o. "a Judgme Mt rem
orred in the District Court In me County %
LesyenwOrth, in the State of Kansas. In an
action wherein Paul T. Ravens trustee Of
T.. A. apd A. NJ Ravens Is Plaintiff. and
Michael Ztcuariss, executor OF the last Will
and testament OF GeriOcn George, deceased
and Others are Defendants, and OF an execu-
ton issued on said jud Zrnent, 10 me directed
and delivered, ! Will ga Monday the z3Ln lay
Of December A. ID 1873 at eleven O'Clock, a.
" of tina, day. at the -ODtn front door OF the
Cont House In the Iity Of l. saVen worth, In
the county OF Leaven worth, IN the state OF
Kansas. offer at Public . lie and sell TO the
highest bidder, for cash In band, the foslow-
ing described tract OF land, situase, lying and
eng n TIE County OF LeavenwoTt IN the
state OF Kansas, namely. The southeast
quarter of section thiriy-nve f25), in township
eight ~, Orange twenty CD.
Dated lhls Z7tn day of November, 1873.
T.. q. Lowe.
II. ~. lie, Attorney for Plaintiff.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
Failure or N. st~tter In Atchison.
IAtchisOu Parrot, %.


Sai urday evening. al nve O'Clock, the an
no lncement was made that the great dry
GOODS house OF SteIter had closed IL doors.
The intelligence wss received with general
+. greet, AS it was considered house OF excel
lent standing. Tn. liabilities, as near as q
representative OF The Patriot cvu.d ascertai +,
were about Gao, 100, apd the ock, IL is gener-
ally believed Will fully invofc. that smoun..
The Gauss. OF the trouble Is the anxiety of n
Lumber of eastern c editors VINO we're de-
{ Tmiped TO CT. Sc up their accounts by JAM
u.ry lsI, and pushed their CO. iecllons. Prom
Iuenl among the creditors Is the asslsn-e OF
tine .teuuau.r Bros VINO made sucI IA scnsa-
ton IN Chicago a lew weeks ago.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
THE RE.ElPT

for the Gilt Edge Batter Maa5. ives obtained
rom one Of the most extensive dairy fam :
ers of Ireland, noted Tor the excellent and
superior keeping qualities of his butter,
- hich was ea2eriy purchased by L0nd on
dealers for export to India, where the warm
climate puts butter tn a very severe test IL
has been thoroughly tried by lsrse number
of the very best butter-mskers in this couu-
try, and they hav" given IL their emphatic
approval. Price 25 cents per package. Sold
by all store Keepers.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
Fatal Accident.

One OF the most terrible accidents that has
ever been our duty 10 record, occurred on
last Friday at the sHw mill OF Mr. Herman
Goldman. on the Maiiss des Cygne river, In
+ st valley: Mr.. Goldman was cleaning out
the pinion wheel that runs the carriage OF
als saw mil, and Inadvertently threw his
arm against the saw, which WAS In motion.
HIS cut entirely On just above the
e.bo-. DIR. Carpenter II Lancaster, ana DE-.
A .Iceman, OF Paoia, we're rent Tor III OF c. Dot
o,e present weIe unable To stop tn. ~ oi
b.od anu before The dOc'ors could r-acL
aim, ne mad u,ed q, death, or WAS far gone
ina &c was mposslb o leave him. The &C.
cIdent Occurred about Ia &C. ok N. m and ne
died la sDouI three nOuTs thereafter
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25

copy of the statute of Indiana upon the same
subject; and prlor to the ADOPT on of the
| statute in Kansss, the Supreme Court OF In
diaIa construed their statute, holding that
where a party desires that only written in
structions shall he given TO the Jury, the par
ty 70 Desiring must ms ke tn IeQue 81 there
fore rit1in res aOnaoie time before The charge
Is To De gwen, that the court may have sum
Gle" time TO pr. pare such written instrucc-
lions, and that sucn reasonable time for max.
ing the request is generally AZ or efore the
close of the eyttence, a thst q r. guest made
only about i've minute before the concl1-
sion of the argument Is made to- late; there
tore, following The rule thai, - where one
State adopts q Law from another, the Judicial
construction given 10 the statute In sne st te
here IL Originated follows IL 10 the State Of
its adoption" "a Ka- S64l And follow
the Indiana decisions. Held That, where the
request IL made during the concluding ar. u
ment, and not wtIain time to permit the
court TO reduce ali its obstruction to writing
before being. call-d uoon 10 charge the jury,
the court does not err, N giving TO the Jury
orally such of its Instructions as II old lot
have time to reduce TO writing.
All the Justices concurrtng.
A true c ,py. Attest: a. BROWN
(L-s Clerk Supreme Court.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25

i. Where q claim II presented to the
Board OF County IBm IN i.-lpners TOR the al
lowance, aud th-sff11ayit verify ing be same,
defect We but Lot void, M no objection Is
msde to the verln satiou while the claim Is
pen ling before tine Ccu atty CpmmI ssiOpers,
but they refuse To allow the CLAIM for other
reasons; Held, That NO q j cIion can after
wards be ia ade 10 the veriflcatio when suit
is or, W ht on the claim in lne District Court,
2, In proce ding had before tue Probate
Court to d-termine whether q tain person
10 taoe or insane, IL WAS first hlnd that ne
wa not insane and he Was allowed to 20 al
large but on next day a hearing AS granted
snd n second Trial had, al which second trial
he was found To be insane. and was sent tn
the Safe Insane Asylum II was also found
that the estate Of the insane person WAS ell
tirely insuffic eDt 10 Gay the cOsts OF the pro-
ceeuing. anu judgment WAS rendered against
the county for Tue costs. Including those
secruing ON the FIRST ell AS On the =. cOnd
trial. In suit Afterwards bruugnt in the
District court against the cJunty for ssaid
Costs, the District curt rendered jude menl
against tue county for costs accruing on SAID
first well AS on said second trial. Held, mol
error.
All the justices concurring
true copy. Attest: Q. ]. BROWN,
Il Clerk Supreme Court.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
A Profitable Deposit.

The farmer who raises stock carries tn
operations of the fam as far - It il profitable
TO carry them without the aid u large
amounts OF capital, fer he takes the spoons
taneOus production Of the soil and puts 1t
into the most concentrated from possible for
transportation to the consumer, and ut e. 8
same time, IL he be skillful and enter prisipg
ne puts them into the most p.lstabie and
nutritious form, Well bred stock and plenty
OF go"d grsss ARE deposit from whioh the
the farmer of The west can draw money in
plenty whenever he needslt.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
THE COURn
INSTRUCT coURr-NoSpAY,

Hon. Robert Croker, Judge; r. G. Lowe,
Sheriff, McCown Hunt. Clerk.
Mary Jane Houston VS. Patrick Houston
Defendant restrained from disposlng of his
property until further order of the court,
In the % after OF the saazument of Donald
W. Campbeil-Reporto of Temporary assignee
presented, approved and confirmed.
Q PAdcy NcArk VS. Evans, ct al-peisu't aud
judgment aeains,t Andrew + Evans fr 1891 10
ana ten PEI cent attorney = fees; Interest AT
IL per cent foreclosure aud sale dis miseed as
TO Nathan Mann
the State OF Kansas VS. o. LattIn-Jury
called and trial proceeded with
Tie Etteose1 lassxiaEer Goods.
Henry Ettenson arrived nome from Eldon
Iowa. yesterday, where he found Q portion
OF the goods taken from him. He says ne
opened the cases there and identified the
contents. watch, on being iuvoiced amour
teo 70 ~. The goods will arrive here by
express TINS afternoon. He says the stock
coosts OF little OF everything that Ia
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25

The CUTICURA REMEDIES are prepared by
Weeks& Potter, Chemists and Druggists, 80
Washington Street, Boston, and are for sale
by all Druggists. Price of CUTICURA, small
boxes, 50 cents; large boxes, containing two
and one-half times the quantity of small, 81.
REsoLvESr, 81 per bottle. CUTICURA SoAP,
IS per cake cents by mail, 20 cents; three
cAkea. rs cent?,
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
L}aIslas3 SIatG Lottery Company

1his Institution was regularly Inco-pora-
ted by the Legislature of the State for Educa~
tional and Charitable purposes in loss, far
the fern; OF EAsnty five Years, 10
which contract the inyiOlaole faith Of the
state Is pledged, which pledge has been re-
newed by al overwhelming popular vote,
securiu. a. u-lchlse IN the new
consIilut en- adopted December 2ud. A.
d., 1874 ~ a capital OF sl OU, 90
10 which :, i,i.~ since added "a reserve fund OF
sS5J,UJ. ~ Grand Sinxie NDsnbe
Distribution ill take place monthly on
the second Tu day.
IL neUeT scales pJS'lbo LOOK at the lo!-
IOXlux DIS.riDulIDu:
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
AnOSheF Trick.

An exchange furnishes Information cons
corning another sharp trick that has just
been discovered to dupe the honest farmer.
The sharper goes through the county, and
country, and takes written contracts for the
delivery OF SO much butter at q certain place,
on certain day. The CONTRACTS are so printed
rs ~ bs easily changed into promissory notes
Tor 50 many dollars by tearing on one end.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
Simmons LIVER Regulator
or Medicine,

or Medicine.
In emiueptiy q Family Medicine; and by
being kept ready for immediate resort viii
save many an hour Of suffering and many q
dollar in time and doctors bills
After over forty years trial IL IL still re-
ceiving the most unqualified testimonials to
acter and responsibility. Eminent physi-
claus commend II for all diseases OF the
liver.
As An EFFECrUAL sPKCTVTC
OPINION OF THE CLERGY.
Simmons Liver Regulator II certainly a
spec ne for that class of complaints which II
claims TO cure II any OF our fellow beings
are suffering from hepstic disorders and
popular preparation, We can only offer them
the simple and candid argument Of Philip To
Nzsbs uieI, Come and see" Try the pro .
posed remedy and then you can judge for
yoarseives.-Rev. David Wills, Pastor OF
Presoy teris n Church, Macon, Ga
Toxic Sim mons Liver ReUu.
lafOr.
TIE SYMPTOMS OF liver com olslnt are un-
easIneB and pain In the side. Sometime
for rheumatism The stomach IL affected
with loss OF appetite and sickness, bowels In
general cOstfve. sometimes altering with lax
The head is troubled with pain, and duh
heavy sensation, considerable loss OF menu
DRY accompanied with painful sensation Of
having left undone something which ought
to have been done. Often complaining of
weakness, debility and Iov spirits. Some
tas disease, and at other times very few
them, out the nver il generally the organ
mos involved. Tue cheapest, pnrest and
best family medicine in the world. For Dye
attacks, Sick Hesdacoe. Coiic. D~pressson o
cpirlus Sour stomach Heart Buru etc
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25
HORTON, G
BY THECoUhT,

No.l5a Anderson b. Bryan VS. Margaret
Rsudsr, a sI-Error from Mi ami couLiy.-
Revers d
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25

BY THE CoUhT. boEToS, Y
/. where the petition of an administrator,
filed In the Probate Court. for auI hority to
sell real estate to pay deots Que rom the
estate only, alleges that IN properly II s'u.
ated in ne county where the petition ~ niea
and fails TO contain any other cr,ption OF
such Or property. but sets forth all the other
facts lequir.d TO he state In p.-'luon .,
| fatally detecr i've, he'd that su h commission
does not render the sale void or the deed In
valid.
All the justices concurring.
A true copy. Attest: G. J. BROWN,
Isl Clerk Supreme Court.
No.i,55.- David Aud. w. X Stebbins and
George Scarborough vs. Albert u. smith,
Error from AtchisOn county. Reversed.
BY THE COURT VALENTINE. ].
L. Only final determinations upon the mer'
it, can De c'.n>irered ddjudicdti0ns amount
ing to adjud,cdta. Finai Juds ments ale OF
course sucii adJudicatiOns, AND unoinks OF
courts and veTdicts Of jurise, and reports OF
commissioners or referees may also some
mes be considered as such nd. udlc atoms,
out they be considered As such, only In
Cases, where they themselves are maj, or in
cases where n finsl Judgment has afterwards
been rendered upon them, sustaining and
confirming them and even when ccnhrmed
by final Judgment, they are adjudications
only 20 far AS they are necessarily Included
in snd bec.me a part of such Judgment.
Hence, where q court found 4 fact that
the defends nts ha received rents and profits
IN excess of taxes psid, the sum OF S41O.s5 but
also found, u conclusion of law, that the
plaintiff not en- itlesi Ia recover the same
or any part thereof In that action, and then
dIsm i-sed the plaintiffs clsim for rents and
profits without rend. ing any Judgment IN
nis iavOr therefor; Held, That said finding of
fact was not An cjud catis.r between the
p.rties amounting To a adjtdicdfd, and that
the same could not be us Il IN anotn' seton
rs evid-ncs IN favor OF the plaintiff and
against the defendants for the purpose Of OO-
tanning another finding 10 the same elect,
and a Judgment thereon, although the court
may nave erred in the first action IN iss said
conclusion OF law, and IN dismissing the
plaintiffs RI aim for rem s ana profits.
Brewer, j concurring,
Horton Z j., Not sitting. having bsen OF
counsel In the court below.
A true copy. Attest: C. j. BROWN,
L. b. Clerk supreme Court.