davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14
MOSES MARX,
va. mo. 3052l =

MOSES MARX,
VS.. No. 3052l
q d. DAVIS,
Appeal from the Chancery Court Of r.
piah county, Hon. E. G. Peyton, ChanSC%T
ior.
Jackson gave Deed of Trust on cers,
stock, etc., to secure debt to Martin !.
which Davis was made trustee Jactso'
snapped to Marx one of the horses man
toned in the trust deed, and also apotb,,
horse which he had obtained by swap, vhio
was likewise embraced in the trust ds.1
The deed of trust embraced all after acoui,
ed property by Jackson. The trustee
Martin; filed bill against Marx and Jacl,
son, prayed for sequostration of the hons
obtained by Marx from jackson, that tbsv
be sold, and proceeds applied to the DAY.
ment of the deed of trust, etc. The cans,
was appealed to the Supreme Court and
remanded. See 30 Miss. $40.
Appellant now assigns for error that ID,
legal title to the animals was in the truste.
after the condition was broken; that h.
could have maintained trover or repeyh
and was therefore, debarred from filing ri,
bill for foreclosure. THAT the court erra
in reading transcript of proceedings Of
the cause in his own court, with the vev
of intelligibly executing the mandate Of
the Supreme Court
CHALMERS, j.,
Held
l. Only one of the animals here inyoIy
ed was embraced in the trust deed, As
other having been procured by the debtor
in exchange for different animal
which was originally owned by hin
and was embraced. In order to read
the substituted animal, therefore, it was
necessary to go into equity. Apar
from this, however, the fact that trustee
or mortgage, after condition broken, may
sue at law for the mortgaged property, doa
not preclude the filing of bill for foe
closure by sale, any more than powerd
sale contained in a mortgage defeats hi
jurisdiction of court of equity to orlerl
sale.
.. The objection that the Chancellorpt
mitted the reading of the papers in dt
case before him, on file in his own cour,
with a view of in telligibly executing ID.
mandate of this court issued when ls
cause was heretofore before MS, strikes rs
as being altogether novel, and certainly
without merit.
Decree affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

IT is reported that Stanley Matthews has
undertaken a contract to re>nominate the
"Robber Bradley Hatched' 1t is patent
that Stanley wants to go back to the Senate,
and it is lamentable fact that no one takes
any interest in him but Hayes. Matthews
is already grinding his political ak, while
His Excelency willingly turns the rock.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

JAMES B1LBo was launched into eternity,
in Canton, on the I'd instant. He was 4
man of powerful nerve. No expression of
fear or even tremor of limb or feature
we're perceptible. He was negro, and
had murdered his wife A tremendous
crowd was present
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

SEVERAL of our exchanges, in apolo8lz"
ing for the unusually sprightly papers they
issued last week, attribute the cause to the
fact that their editors were in attendance
upon the Press Convention.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

The Indiana Journal-the supposed or
gan of Gov. Hendrcks-is after Henri"
Watterson If its language was a little
more cbaste or elegant, its eulogy might
find place in The COMET. As it is, how
ever, the expressions INDUCED in are too
indelicate for our columns.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

Our Mississippi exchanges come to
us filled with accounts OF the Press
Convention. Evidently the members
had grand time, and were highly
pleased TIE COMETS experience will
be found on the first page.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

Hon. l.. B. BRowN, who made an active
and useful member of the lower house OF
the Legislature, from Clarke county, is now
called on by his constituents to go up
higher. He is in Col. Horns district, and
will have that wheel-horse to beat
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

JUDGB CHRISTIAN, of Virginia, says, ii
a colored man is competent, he will sum
mon him on juries, otherwise he will not
lie says the same rule applies to white men
The Judge is right No man is a compo-
tent juryman unless he is man of some
education.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

BUSINESS men will find the rulings
of Judge Hill on attachments useful
reading. A contribution giving these
rulings in fuIl appears on the fourth
page Of The COMET today.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

In the Herald Kline libel suit, tried be>
fore the Supreme Court, this week, the
rulings of the lower court were reversed
The Herald, therefore, does not have cent
to nav,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

Col. j. L. McCullum, of the Iazoo
City Herald, stopped over day in
jackson, making his way lcisurely
back to The treadmill Of his editorial
duties.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

Hon. r. P. WILLING, of Crystal Springs
having been called on to run for the Legs
lature, declines to be candidate in graee~
full and dignifed card, published IN the
Monitor
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

Daiuagogus.-A ieller Of Tire people. especially
one who controls the multitude by specions or de-
ceii9l arts ianderer 70 Popular prejudice; an
arlinl political orator
such IL the definition gwen by Noah
Webster, whom grandmother thought tl,e
greatest man that ever lived. because no
wrote upon 80 many subjects We think
she was right. On this snljsci be is with
the advance guard Holly SPRINGS Soutb-
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

THE Michigan Legislature was in session
one hundred and fifty days, The total ap-
preparations for the coming two years. to
RIM the government, is only $3.50, 600.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

WE had the pleasure of meeting Col.
D. W. McRae, a prominent citizen OF
Copiah, last Tuesday. He was visiting
Jackson on business.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

MARK TWAIN says he can't write book
ON England. The people are too grave
There is no fun there.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14
A Cnrd Ia Relation 10 the KiIiing
of CaVRnRb.

V1oKsDuRo, MISS, June II, 1879
To the Editor of the Herald
Will you please insert the following, from
the east Mississippi Times, published at
Starkville, Miss
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

MIR. CoRooRAN, of Washington, has con-
tributed 81 200 of the $4,000 yet required
to complete the Lee mausoleum at Lexing-
ton, Virginia.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

IT takes about three columns OF the
average editor to give his impressions OF
Pascagoula and the surrounding country
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14
Reversed and remanded,
CHARLES Il. Fry.
VS.. mo. 2841]-
". Il. PREWETT ct d.

vs. No. 2Sf1
W, H. PREwETT ct al.
Appeal from Chancery Court Pike coun~
ty, Hon. T. Y. Berry, Chancellor.
Fry bought from Prewett real estate, re-
ceiving deed aud taking possession. He
paid the greater part of the purchase money,
but being unable to pay the remainder,
he sold it back to his vendor for the
amount due and the additional sum of
$780, for which latter sum Prewett execut-
ed his note. The deed which Fry held had
never been recorded, and the parties sup-
posed that no formal re-conveyance was
necessary, but that their scheme could be
effected by a release of all interest endorsed
upon the deed. Fry and wife, therefore,
endorsed on the back of the deed in Lam
guage ungrammatical and i'll chosen, a re-
lease and a quit claim "to the within and
to A. H. Prewett the proper owner not hav-
ing complied with the within deed
This writing was signed, sealed and &C
knowledged before Justice of the Peace,
and the deed thus Endorsed was delivered
back to Prewett, who, by virtue of it took
and remained in possession until his death
The note for $3.50 remaining unpaid, this
bill is brought to enforce payment of it as
constituting a vendors lien on the property.
The Chancellor excluded all testimony
connecting the note with the release, upon
the ground that the latter expressed its own
consideration in the words "the proper
owner not having complied with the within
Decd and that it was not competent to
contradict by parol the consideration ex-
pressed in a decd.
CHALMERS, J.,
HcN-
l. The releasor of any interest in land is
vendor 10 the extent Of his interest. and
as such may enforce lien upou it for the
unpaid consideration of his release where
no other security has been taken. While
the release, in this case is inartifciallv
drawn, it will DO treated in equity as that
for which the parties intended it. giving to
the opposite party the right to demand
more formal conveyance before payment if
desired
2 1t Is always competent, and frequently
essential in bills 10 enforce a vendors lien |
to show by parol that the note sued on whs
gwen for the land sought to be subjected,
and unless such testimony contradicts a re- |
recital Of some other consideration contain |
ed IN the instrument Of conveyance there |
Fan be no objection to The proof.
3. We do not understand the words ''the /
rue owner not having complied with the 1
sithin deed" (it is doubtful from the
rom the phraseOlogy and want of punctu-
ition, 10 which party these words fefor) as
Eating the consideration Of the CONVEYANCE.
iut only as indicating the reason which has
nduoed the parties 10 make il. Because /
II tho existence Of the fact recited thew
TO make on tho one side and 10
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14
JACKSON, MISS.

The Democracy of Pike will nominate
by primary election.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14
CONGRESS-.

The extra session of Congress will adj
journ on the It'll inst. The Democrats
have fought good fight, and are substan
TALLY victorious all along the line. From
the Washington Post of the 10th inst, We
copy the following congratulation
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

A SNOW fell in Vermont and New lamp
shire, on the 9Th instant, Switch materially
injured Vegetation.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14
Gen. Joe johnson and the FEEDER"
Dead
We clip the following from dispaici
the Philadelphia Times

the Philadelphia Times
Gen. Joe johnson, of Virginia, surPls p.
cd everybody to-day, by rising in the lou -
and moving that when the House adloutt, \,
it be TO meet on Saturday. His object =
said, would be readily understood. II W. %
certainly eminently proper that members -
the House should join the rest of the CIV CIV,
munity in doing honor TO the dead VIZ ~,
graves are 10 be decorated tomorrow: -
a moment there was silence, but as tiie ~, -
war horse sat down, applause greeted ~.
from both sides Of the House. His Inou''
was promptly carried
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

Since the killing of the unfortunate man,
Cavanah, near Vic1sburg, and the circum-
stances were made known to the public,
there has lurlled conviction in the minds
Of the people that there was some foul deal
ing from some quarter, The subjoined
letter explains itself, and will tend to con-
firm this conviction
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1879-12-12
Bridging the Minnesota River.

The wonderful changes wrought in
the development of our State, in inn
proved highways, within u few brief
years, is shown by the bridging of
the Minnesota river, once great
water-route for second-elass steam
boats, but now abandoned to fisher
men and to drainage purposes. At
Shakopee Is an iron bridge, erected
at u cost of $4,000. Whether it
helps Chaska, Carver or Shakopee
most, is contested question. Next is
the Belle Plaine iron bridge, also cost
ing SO. 900. Above this comes the
Henderson bridge, u shorter iron span,
costing $4,000. Next in order is the
lie Sueur iron structure. costing SIS,
600. Then comes the st. Peter wood
en- bridge, uncovered, single track
And now comes the Mankato iron
bridge, double track, five hundred
feet long, with elevated approaches
making the approaches and all, on
level with the principal street of tn
city, which is to cost SIS, 500, or near
| ly double the other structures. IL tn,
contract was to be let to-day with tn
advance in all its material, it would
cost 5000. Thus FIVE noble struc
lures, four of iron, now span the no
BILE old river which drains an imperi
al empire. They mark the rapi'
deyelopement of our State.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1879-12-12

We publish to-day the material
parts of Mr.. John y. Halls statement
as to his difficulty with the MethO-
dist church. 1t is 4 vigorous docu-
ment, and carries war upon its bold
front. We do not venture to express
an opinion upon the merits of this
unhappy church controversy, but
join the general public in depreeat-
ing its existence. We prefer to re-
tire to a respectful distance out of
the way of the grape and conister,
for these church battles are desperate
conflicts. The FREE PRESS, in the
discharge of its duty as an impartial
journal, will publish the reply to Mr..
Halls pronunciamento, and then quit
the field
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1879-12-12
MORTGAGE FORECLOSURE SALE.

nEFAULT having been made In the copdi
- fions Of q certain mortgage, executed by
Richard 7: voolfolk and Nellie voolfolk, his
wife, of Mankato, Minnesota, mortgagors, 10
Howard s. Hatch, mortgage, dated Jan nary lst,
A. ID. 1878, and recorded In the ONCE Of the Reg.
lister Of Deeds In and for the county Of Blue
day Of January, A. D.ls7s, at ll1 O'Clock In he
forenoon, in Book &c" Of Mortgages, on page
+O6; by which mortgage there wac conveyed
and granted the following described real estais
towit: The south two-thirds, towit: the south
fortyfonr (44) feet Of the front hundred ,lOOl
feet of Lot five (S) In Block two CD, warrens I'D.
dition to Mankato, according to the recorded plat
thereof TO secure the pay ment Of the sum OF Four
teen Hundred Dollars, with interest at the rate
OF ten per cent. per annum until paid. according
ing same date as said mortgage. made BY said X.
I. voolfolk 10 said II. :. Hatch. and the said
mortgage having been duly assigned by the said
day OF January, A. ID. 1878. which sssignment
was on the 2Srd day Of January, A. ID. ISIS. re.
corded in the office 81 said Register Of Deeds. In
Book Of Mortgages, on page 2S2, and there be-
AZ the date Of this notice the sum Of Fifieen
Hundred aud Sixteen g. 100 Dollars, and said
Lathrop, assignee o. aforesaid. on the 18th day
OF Oclob er, 1879, paid the sum Of Seyenty-tWo
23l0o Dollars for taxes unpaid and delnqusut
upon said mortgaged premises, which was nee
essariy paid TO protect his claim and avoid for-
csnSi o. his security and no action or pro-
ed TO recover the amount Of said gage debt or
any part thereof; Now, therefore, notice L hereby
given that by virtue and in pursuance of power
OF sale In said mortgage contained and there
with recorded, and Of the statute In such Gaze
made ana provided, the above described prem.
Ices will be sold 81 public auction st the front
door Of the Office Of the Register of Deeds In and
for said county Of Blue Earth, and az the city OF
Mankato therein. ON Saturday, the 10th day OF
December, A. ID 1879, at ten O'clock In the fore
noon 10 satisfy the amount Of said mortgage
debt then due and unpaid. and the s72 2s-i00
paid for taxes as Aforesaid with interest thereon
nom October 10th, 1879, together with the costs
and expenses Of such foreclosure procecdings,
fifty dollars attorneys fees as stipu-
lated in sale mortgage; and the said mortgage
will be thereby foreclosed.
Dated October Sist, 1879.
RUTSON ID. LATHROP,
Assignee Of Mortgage.
HN. THOMAS,
Attorney for said Assignee. sow
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1879-12-12
CIVIL.

Geo. Brooke vs. Frank Thayer. Dec
4th 1879, action on account for work
and labor judgmentfor plaintiff for sS4.-
20.
John A. Armlet VS. Frank Kimn Dec.
9th complaint Tor groceries and mer-
chandise, judgementfor plaintiff for $47.-
40.
B.F. Davis VS. S. b. Tayler Dec. 9th
1879, action on account for groceries and
merchandise judgement for plaintiff for
800.
Criminal State Of Minnesota against
Frank Richter Dec. 9th complaint as
sault to which defendent plead guilty
fines and costs 1910. Paid and dis
charged.
City Of Mankato against Thomas
Monahan Dec. 9th drunk and disorder
Iy. sentences five days two on bread land
wstsy.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1879-12-12
Notice Of Mortgage Sale by Adver-
tisemeuf.


nEFAULT has been made In the conditions Of
- certain mortgage executed and dslisersd
By y. .. kTemeF, and Elizabeth Kfemer his wife
mortgsgofs, y VT Day mortgages, dated IN:
9th day OF November A. ID. eighteen hundred
and seventy eight and recorded ~ . mortgage
In the once Of the Register VI Deeds Of the com
~ 0f Blue Earth. Ia the state VI Minnesota, on
the 18th day u Decenber A. ID. ls7s. st o'clock
y. n In book Q 81 mortgages, on pszes %, n -,
Oh which there T. claimed 70 be due 81 the date
81 this notice, the amount d nine and 5000
dollars $3.50 and there Y yet % beeon: dns
dollars (t490S7l, and no setlon or proeeedipg
has been Instituted II lzw or In equity 70 rse0v-
er the debt secured by ssid mortgage or any part
Notice is hereby gwen. that by virtue Of pow
er Of sale niained IN said mortgage, and u TIE
statute Ia rucb case made and provided, The se,o
mortgage viii be foreelosed by sale Of me
NOR gagged premises therein described, which
ssle win be made If the front door of the Court
H0uEe In the city VI Manksto IN the county Of
Blue Earth and State " Minnesota, 81 public
ss ION y e sSsa q ssiS s0ss On s ssss
hundred and eighty, 1850 ~ 10 O'Clock IN the
forenoon W satisfy the amount which shall then
be due On said mortgage, With the interest there
on, and costs ana expenses Of sale, and twenty:
I've dollars attorneys fees stipulated I'm said
mortgage In care Of foreclosure.
The premises described In ssid mortgage and
so 10 be sold, are the lots, pieces or parcels Of
land situated In the county Of Blue Earth, and
| state Of MinnesOta, and known and described
| as follows, to-wit: The west half u the north.
east quarter WI Of mex and the west half u
| the southeast quarter WI Vi seAl Of section
| five 80 IN township one hundred and seven UoIJ
north, Of range twenty-five (Zs) sesi. and the
south half Of the south east quarter "a Of sea
| and southeast quarter Of the southwest quarter
! (sek Of swA) of section tbirty-three 49, TIA
southwest quarter Of the southwest gusrfel
(swA Of sw1.l Of section thirtyfour (s4) ths
| southeast quarter Of the southeast QUARTS
/ lseX Oi swk Of section twenty eight t2sl tn.
1 east half Of the northwest quarter teh Of nwZ
| and northwest quarter Of the northwest gusrte
llnwH Of nwHl Of section thirty three iSS1 IN
southesst quarter lseLzJ u section twenty I'll
~ and the southwest quarter -swk-
section twenty-five n In township one hon
dred and i've -l06- north u range twenfy1ns
- west. cOntsining In all eight hundfe'
-sOO- acres. according 20 the United state
Government survey thereof.
FIT. DAY,
Ed .HODGsOS, Mortgages.
| Atty Of Mortgage.
| Dated Dec. 9th 1879.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1879-12-12

No man can tell what the struggles of the NJ.
X. church 81 Aankato, In all these years for an
existence has cost me In money. toll aud ankle
~. II any error has been committed ON my pa /,
the wrong Was 10 my family aud not 10 the
church. have poured into lie golfers vastly
more than have left.
not have been proper In yindication 20 have re-
ferred To these matteIs but rs the ofenee real
and uuly was On undertaking too nut CHI for the
church. consider that ought TO do so
Possibly some inqnlsitiye soul may ask why
something In this recent erlsis-at least long
enough 20 could take breath--wondering IN
HE mind ifthere was not some sacrificing sI 10
who would lake little personal responsibility
Not one was 10 be found who would put In Their
last dollar as had done, or even "touch the
harden with one Of his fingers"
The N. 6. church IN Mankaio has been an ex'
ceptioaslly changing church rs 20 the member
ship, more 50 THAI usual. even IN new oouh'
try,
The chief prosecutor In this case has no per
manent interest In this church and his prtnci
pal abetlor In the prosecution never did any
| thing OF consequence aud has been here hut
short lime.
This prosecution was unworthy OF the church
aud lie effects cannot but be inju here an'
elsewhere. II dealt with, II they fall 10 carr.
/ cat sll they desire for their church they WI
chary ofinearring personal responsiollnes.
No man comes TO my years without troub.
| and sorrow In some form. ! have had my share
/ In the midst OF Il all my church home next &
my family home has been q refuge. Now M
church home u broken up; my family ALLEVIATE
1 from the church. It Ii q sad outcome Tor a.
God only knows. one thing know, the fouI
dalton OF His throne staads secure the weake'
| may trust In Him. JOAN n. HALL.
MAsKAro Dec 4th, 1879.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1879-12-12
Mortgage Foreclosure Sale.

nEEAULT has been made IN the condi.
- tions Of q certain mortgage executed by
John Farmer and Mary A. Farmer, his wife, 10
corded in the once Of the Register of Deeds OF
Blue Earth county. Minnesota, November 81,
| 1878. in book "s" OF mortgages. on page 'l9s,
which mortgage conveyed 10 John J. shaubut,
| his heirs and assigns Lot six-6-in block hye-5
| In Branson's addition to Mankato, In said coun-
ty, 10 secure the payment Of said John Farmer .
two notes, bearing even date with said mort :.
%a noe a.
and one for 800. due June l, 1879, which notes
aud mortgage were thereafter on the l4th day Of
October, ls7s.dnly assigned and transferred TO
John A. willard, by written assignment duly
recorded In said Office Of Register OF Deeds, oc-
tober IS. 1879 in book 80" OF mortgages. on page
"4s3;" and there IL now due end claimed Ia be
and ninery.nine and sSOioo dollars, together
with twenty-five dollars stipulated In said mort
gage 10 be paid solicitors fees in case Of fore.
closure, and said mortgage contains power of
sale, and no proceeding has been instituted TO
recover said debt or any part thereof; therefore,
notice Is hereby gwen that by virtue az such power
of sale and OF the statutes In such case made
and the premises therein and above described
will he sold by the sheriff Of said Blue Earth
county at pu bile yendue rs the law directs, ~
the front door Of the said Register OF Deeds
office. on the 18th day of December, 1879, at ten
o'clock In the forenoon, Ia satisfy the amount
then due on said notes and mortgage, together
with said twenty dollars SOLICITORS fees and
the expenses allowed by law.
Msnkato, MIMI, Oct. 30, 1879.
JOHN A. WILLARD, Assignee.
N. q. WILLARD, Attorney for Assignee.
PosTPoNEaENT.
The above named mortgage foreclosure sale Is
hereby postponed, and WIN take place at the hour
and place above mentioned ON the 18th day OF
December, 1879.
JOHN A. WILLARD. Assignee.
NJ. q. WILLARD, Attorney for Assignee
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1879-12-12

The = { Spirit is the title of
a new PAL " At Lake Crystal, by j.
ID. Duane, formerly of this city. We
somewhat fear that our good friend
has over-shot the mark. Had he
started in less. he would have done
better. However, we wish him sue.
cess in his venture.