The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1879-09-17
The Press and Banner.
Wednesday, Sept. II. 1879
The Court.

loo, week's Press and Banner we append
tn, following:
Judge Pressly in the case of Marsha'l,
Executor, against Jones, Sheriff, r"loo
that there was no specified time in when
burnt judgments should be restored. a.
there is in the case of mortgages ano
deeds, This is an important ruling ana
should be borne in mind.
In the case Of A. J. Graham against w.
II. Moore, under an old will, involving
the old English law of premogeniture'
the iury found q verdict for the defend
ant. An appeal was taken.
I'm case of R. c. Simmons against Will
liam Robertson for. SANDER. Suit for
a.. 600. Verdict $1,000. Mr.. Robertson Is
thoroughly disguised with jaries n
trial justices.
Case of Sloan 4 Seignious against +.
NJ. Godbold. Verdict S1"3.
Case of Trustees Della Howe against
r. 4. NcCaslan. Verdict Tor defendant.
Consent verdict, Lake, Caldwell & Co.,
against +. l.. loiperI, S-'V'
Case of Henry Clinkscales against \. E.
johnson. Verdict $1,000.
Two cases of Reuben Clinkscales
AGAINST r. II. Armstrong. Verdict for
defendant. New trial granted i'll one
case.
Case of Williams, Black Il Co., against
Connor and Mosley, involved aquestioh
of liability of persons buying futures I'D
cotton. The plaintiff claimed to have
made advances for defendants as to
secure margins. In settlement OF TINS
claim one of the purchasing parties gave
aioint note. The other defended. Yer
dict for plaintiff.
Caseo f w. ". McFerrin against w. w.
Hunter. Judgment for sl,S55.Eo.
Consent verdict in the case Of L. a.
Dendv against J. w. Trowbr!dge, and
others for Sl75.
Consent verdict case of Henry l.. Eli
oft against Abbeville Agricultural Socie-
ty $40.
Consent verdict, in tho case or Jona-
than Jordan against J. W. Erwin, S2i4.1o.
Case OF Hamblin against Walters, IN
yolving a lot of old notes, amounting to
81. 500. Verdict for p~laintaitf in full
amount claimed.
Case OF Britt Brothers against james c.
Henderson and Margaret Henderson, eX-
ecutors. Verdict for plaintiff, Sl29.so.
Case of John F, Edmunds against Mar
earet Henderson, executor. Verdict,
S2l9.26.
Case Henry NJ. Young against sambo
uaddon, and others. Verdict, 800.
The case of J. n. Young, and others
AGAINST James Strawhorn was a suit to
recover on a note. Defendant resisted
payment on ground that the note had
been changed from a plain note OF hand
to a sealed note, and that the note having
been given before the war, it was now out
of date. 1t appeared in evidence that
the note was in the handwriting OF Kew.
J. P. Pressly, deceased, to whom it was
piyen. The defence claimed that the
words "Witness my hand and seal,'
before the signature, and tho scroll,
al. S." which followed it, was written
in a different ink, although by the same
hand. The jury found a verdict for the
defendant.
James Weems against G.. w. Cromer.
This was an action to recover corn that
plaintiff had stored in defendants crib.
The jury gave a verdict for the plaintiff,
giving him the corn as we'll as $50
damages. Mr.. Cromcr left the Court
Room prcnouncing anathemas upon his
bad luck.
Tbe case of Wilcox & Gibbes against
G. NJ. Hodges was called: Verdict for
plaintiff.
Sarah Nickles against Asa Bowie. This
was a suit brought on a note given for a
negro before the war. Contrary to the
instruction from the Court, the jury rem
dered a verdict for the defendant. The
Judge expressed his disp!easure at the
result. and exercised his reserved right
to set the verdict aside. And the case
now remains OH the docket as before.
johnson, Crews & Co. against W. c.
verell. This suit involved tho validity
OF the title deeds to a tract Of land owned
by bis wife. 1t appeared in evidence that
yerell paid for the land in merchandise,
and had the titles made to his wife in
payment of a debt which he owed to her.
The plaintiffs bill for merchandise had
not been settled, and suit was..brought to
recover from the land. Verdict for de-
PENDANT.
w. T. Smith and J.. J. Cooper against
John r. Smith and others. Judgment
was obtained in this case for $3.50 IN favor
OF J. n. King, Thomas Arnold andThom-
as L. Moore, being the amount Of the re-
wardoffered for the arrest and proof to
convict the murderers Of the Franklins.
The sale of lands of the estate of John
Vance deceased, was postponed by order
Of Judge Presley till November next,
and the privilege allowed to creditors,
whose demands have been reported upon
to bid to extent of their claims without
paving the cash. a Referee was also
ordered to ascertain the proprlety of di-
viding the Abbeville Tract into two or
more tracts.
Judge Presley also held that, unless
the order for sale is so expressed, officers
or others making sales Of land under Or
der of the Court, have no right to resell
Immediately if terms of sale are not
complied with-that such purse is calcu-
lated to chill the biddings and cause
lands to sell at a sacrifice, and that the
proper course is to report to the Court
and obtain an order for resale.
The cases against the County Treasurer
involving the validity of the tax in behalf
of the Augusta, Knoxville and Green
wood Railroad were continued by the
Railroad on account Of the absence of
material witnesses in behalf of the same.
In the matter of the appeal from the
decision OF tho County Commissioners
sustaining the vote in favor of the tax
levy in Magnolia township for the Sa-
yannah Railroad, Judge Presley decid-
cd that the County Commissioners had
no jurisdiction in the matter and there
fore there conld be no appeal from their
decision, which was void for want of ju-
risdiction, and if parties desired to con-
LII ~ ,,oftor than, 1,aplI hoyn RI fDEn