davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20
JAMES SURGET, ct al.
,Irsed and remanded for new trial.

JAMES SURGET, ct III.
vs..
| SAMUEL l.. BOYD.
Appeal from the Chancery Court of Clal-
borne county, Hon. Thos. Y. Barry, Cham
cellor.
This is is II bill filed to set aside deed
of trust which it is alleged is fraudulent.
1t was executed by the grantors to secure
pre-existing debts due their kinsfolk ana
intimate friends, and at time when II
heavy suit was pending against themselves
which was about to ripen into Judgment.
1t is insisted that these facts make 1t
necessarily fraudulent in law, even though
no fraud in fact was intended, and though
the sole interest of the grantors was to
give preference among creditors. Coun-
sci for appellee concede that the law would
be otherwise if there had been by an abso-
lutte transfer of property an eXtinguishment
of pre-eXsting debt, or if upon new
consideration there had been mortgage
executed to secure a contemporaneousiy
contracted Indebtedness, but insist that
pre-existing creditors who surrender moth
ing and make no new advance cannot, III
receiving new security be regarded as
purchasers for value.
Vertner & Harris, and Martin u Lanneau
for appellants.
Il. S. Drake for appellee.
CHALMERS, j.,
HeN-
1. The defect in the position assumed by
counsel for appellee is in miscOnceiying
the nature and effect of the doctrine of in
nocent purchaser without notice, or rather
in failing to note the very words necessary
to be used in announcing it. He is bona
fde purchaser in the eyes of the law, who
has paid value without notice of defects in
the title of the thing bought, or of fraud
upon the part of the seller
2. Conceding all that is claimed here. de-
PENDANTS did only what they had perfect
right to do. Pressed by one creditor, they
elected to cucumber their property in favor
of others whom they thought more mer-
torious, or for whom they felt more atfec-
ton, and in so doing, they exercised Il
right immemorial in the common law, and
one which every man practically and daily
exercises when he pays one debt and leaves
others unpaid.
s. The only way in which other credi-
tors can successfully assail such Il convey
ance is by showing that the debts pretended
to be secured are simulated, or that the
security was never intended to be enforced,
and was given only as sham to ward off
the attacks of others, OF that some benefit
has been reserved by the grantOr, as by
unusual indulgence, or in some other way.
4. The bill asserts that the debts pre-
tended to be secured were fictitious, and
that the conveyance given for their protec-
ton was never intended so be enforced,
but these allegations are explicitly denied
by the answer, and the complainant having
set the case down for hearing without
proof, must be treated as having admitted
the truth of the answers so far as they
were responsive to the bill.
Decree reversed and bill dismissed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

MISSISSIPPI CITY, March IS, $50

W MISSISSIPPI CITY, March 10, 80.
10 To the Editor Of the Comet
. was in hopes that the pleasan
NJ weather which had attended me II
0 my sojourn during the Legislativ
n session in Jackson would have con
0 tinued, so that [ might meet the OLE
u n sea coast in all the beauty of sum
Q mer's day but hopes are vain, for thu
0 rain began to fall drearily and dis
mally as soon as the cars left Jackson
] and with little intermission, has con
tinued to fall in drenching showers
both day and night. The creeks are
booming, the lowlands are flooded
and the swamps are utterly impass-
able.
The days are dismal. No outdoor
work can be done but there is pleas
ure in sitting by pleasant fire with a
p easant book and read and doze and
listen to the rain as it beats upon the
roof. At times the sun shines out in
splendor rendered unusal by its alb
sence behind the clouds, and adds
fresh beauty to the beauties of the
coast. The swamps are lovely With
the trees throwing out their buds
and blossoms wild flowers peeping
through the waters; the trees u dense
mass Of varied tinted green. The
orange blossoms are already throwing
out their fragrance, and it is not for
me to attempt to describe all that is
beautiful within my sight.
When at evening the clouds for a
moment part and give 10 us glimpse
Of the bright God of day setting in
in the West, with the waters of tho
earth and all converging to his bright
face from every direction the sight
is indeed glorious, and think of the
sun worshippers of the olden times,
and can readily imagine those lines of
water as they appear on the hori-
zon as the prayers of the worshippers
of old ascending from their graves to
their God
The birds take advantage of these
glimpses of brightness and dart from
their unfinished nests in quest of
fresh material with which to make
their bridal beds and raise their brood.
| am never tired of watching them;
and ! have got a cricket on my hearth
which chirps so merrily at night that
his song lulls me sleep.
| find no change in the place during
my absence. There Is the same old
routine of dizziness, and the hopes
which were raised that our railroad
would begin from this point and give
the place an impetus, have been dis
Delled. 1t was through no fault of our
representatives, however, that the !
Iced was not done. They fought {
,ravely and fought well, but as long !
Is the State will remain persistently a
bind TO its own interests, fighting 5
vi do no good. i
We look for large crowds here this ]
ummer. Many rooms have already a
'een engaged, and a lively time is 5
,romised. Then may be able to 4
Trite you something of interest but b
o-day-everything is dull, fiat, sta'e y !
nd Improbable. tits too wet, even, a
D go fishing. So the day being dull u
nd the rain still falling, and in con-
equence partaking of the effects u
the weather. you must excuse n
revity this time, and look for some T.
hing better in the hereafter. y
Drowsily yours, r.
WIN. q. al
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

IT seems from the news from differ
ent portions of the country, that the
scenes of the summer of 1877, are to be
repeated. Strikes are occurring MI
over the country, and there seems to
be a probability of their becoming
general. Four thousand men are out
of employment by reason of the piano
makers strike in New York. About
ten thousand men are idle on account
of a strike of trainmen and trackmen
on the Cumberland and Piedmont
Railroad, in West Virginia. Fifty
seven mills have suspended opera
tons in Pennsylvania, caused by a
strike among the iron puddlers. 1t is
to be hoped that these differences can
be amicably adjusted and the country
be spared the trouble and inconveni-
ence that a re-enactiOn of the labor
trouble of 1877, would bring about.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

GorERNoR STONE yesterday COM
miSsioned Mr. James A Newman, OF
the State census, as enumerator for
Warren county. Mr. n. is the son
of DR.. James c. Newman, and is a
gentleman Of unques ioned character
and capacity. The appointment is
number one in every respect.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

AT the request of friend, we pub
lish an elaborate article to-day dis
cussing "a grave constitutional ques-
ton" As this article is reproduced
from the Holly Springs South, the
well-pOsted reader will have very
little difficulty in tracing its author
ship. 1t appears to us that the pre-
sentatiOn of these views would have
been more timely if they had been
given previous to the assembling of
the Legislature and before the Senate
passed upon the question. It's discus =
sion now-if the views of the author
are correct-a point on which we
hazard no Opinion-has strong
smacking of the principe which de-
mands that the stable-door shall be
locked after the horse has been stolen.
The act has been done--thc alleged
infractiOn of the Constitution has been
made and cannot be recalled; and,
while it is always in order to write
out constitutional views, or make
law abiding speech, yet if party Is
about to be hung in violation of the
Constitution, he would greatly prefer
that his advocate would demonstrate
the uncOnstitutiOnality of the pro-
ceeding before the execution took
Dlacp
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

Two thousand copies of the splendid
address on the Agricultural Schools of
Europe and America, delivered in the
Representative Hall in February last
by Col. bennett, have been printed in
THE COMET Job Office by order of the
Board of Trustees Of the A. and M.
College. This address is careful and
exhaustive presentation of the sta
tistics and magnificent results Of these
colleges in the older States and in
Europe, and is contribution to Agri-
cultural literature which deserves the
signal honor which it has received at
the hands of our distinguished and
cultured Board of Trustees. Some of
the views presented by Col. d. are
specially grand and are given in most
captivating language. In our next
issue we will make copious extracts
from this practical and valuable lee
ture.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

If you want courage and patriot
ism, and faithful service, don't APP
point gander to stand on picket. He
only brave when he sees the enemy
running. With him the enemy must
run or he must, and generally it is
the latter. AS to Il square up, hand
to-hand fight, the gander never did
have any stomach for if.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20
Senator DAtto ..

We have read the proceedings OF
the Legislature daily, during the scs-
sion just closed, and we are rejoiced Ia
be able to say they show Senator Dali
ton was generally at his post, vigilant
and attentive to business, and that lac
at once took rank among his fellow
Senators as an able and faithful legis-
latOr.-Ashland Register.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

THERE is danger of trouble with
the Ute Indians in Colorado. Jack,
the Ute chief, threatens to go into the
hair raising business, it the whites
attempt to go on his reservation.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

plaintiff and thcreupon the defendant
moved to dismiss the case for want OF
jurisdiction in the Circuit Court. This
motion was overruled. After the account
stated became to be more than three years
old, the declaration was amended, making
+. B. Potts party defendant, who pleaded
the statute of limitation, to which plea
the plaintiff demurred and the demurrer
was sustained.
Watson and Smith for plaintiff in error.
Il. NJ. Watson for defendant in error
CAMPBELL, j.,
Held
1. The motion to dismiss the case for want
of Jurisdiction was properly refused;
.. The action was not commenced as to
Potts until he was made II party by amend
ment Until then he was stranger to the
action and would not have been affected
by Judgment in it. Before he was made
n defendant, the account was barred by the
statute of limitations of three years, which
upon the facts disclosed in evidence APP
piled to it.
Reversed and new trial awarded.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20
A Singular Coincidence.

The whirligig of time brings il
his revenges," as Shakespeare says
but it also brings about strange coin.
cdences. One Of these occurred when
Capt. Wilkes, took Mason and Slidell
from the deck of the British mail
packet.
Capt. Wilkes, when a boy, lived in
Wall street, then one of the fashion
able quarters of New York. Not far
from his house was the soap and can
die factory of John Slidell, whose son
became Senator from Louisiana, a
Confederate minister, and the prisoner
of Capt. Wilkes.
The two boys, John Slidell and
Chas Wilkes-went to the same school,
played tag and SNOWFALL with each
other. Neither of them dreamed thew
would meet on an American man-of-
war-"Charley" as the commander,
and "Jack," as his prisoner. Both of
them must have had strange sensa-
lions as they stood face to face on the
deck of the San Jacinto.
1t is said that John Slidell never
held in fragrant memory the old SOAP
and candle factory, where his father
made a fortune. 1t may have been
that the association was distasteful to
him in early life. AT least there is a
preserved which seems to
Indicate that such was the case.
When John became of age his father
sent him to Europe. On his return to
New York, he encountered Louisa
Farlie, Il young woman noted for her
beauty and wit. AS is usual in such
cases, John talked of his travels. and
ted.
Did you go to Greece?' inquired
Miss Farlie, with smile that meant
mischief. ~
mo; why do you ask? replied
Slidell, not seeing the lance held for a |
thrust. =
"Oh nothing-only it would have |
'een SO very natural that you should
ave visited Greece to renew early as
That was rude and perhaps mali
ious, but John had no more to saw to
ne witty beauty. She never married.
Why should she? He would have
cen bold man who would have
married her.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

The Mercantile excursioni~ts over
the new Great Southern Route are to
have splendid banquet when they
get to Cincinnati, prepared for 1890
guests and to cost $751; 600. Each guest
must eat and drink ten dollars worth
at one sitting. We hope they will be
able to succeed, and to survive the
effort.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

THE Socialists held meeting in
Chicago, and petitioneI the City
Council to quarantine against the
threatened invasion Of that city by
the Chinese, who are leaving Cal
ifornia. They threaten to make it
lively for the Acknowledged Celestials if
theV come,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

The first new potatoes Of the season
were shipped from New Orleans to
81 Louis on the eth inst and soid for
four dollars per bushel. Green meas
were shipped from the same city on
the 4th inst and sold for the same
price.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

|
the late rains have been general all
over the State.
Levee hands are scarce and in great
demand at points above and below
Natchez.-Natchez Democrat.
The grand jury of Tippnh, county
reported about rs bills of indictment
at the last term of the Circuit Court
Of that county.-Benton County Ar
gus.
There is great deal of sickness
throughout this county at present, be-
ing mostly pneumonia. There have
also been several deaths. Several
cases of sickness in this p'ace.-Wins-
ton County Index.
GEN. w. S. HANCOCK is now in
Mississippi City, and it is more than
likelythat he will pass through Vicks-
burg shortly. Our city should extend
him an invitation to come and see us.
Vicksburg Commercial.
"Coming events cast their shadows
before and we are almost ready to
say we believe that the two cotton
factories will be started at Corinth in
1880; also that the railroad hotel will
be rebuilt and a number of other
things done beside. The fact is when
ever Corinth does take big BOOM,
there is no telling where it will stop -
Corinth Herald.
As an evidence that the farmers at
last intend to improve the soil they
have been filling for years past, is the
fact that they are this season buying
largely and generously of different
kinds of fertilizers. They have at last
struck the road to success, and we
hope they will pursue it to proper
extent. Nearly every wagon that
comes in from the country now car
ries out load of fertilizers. We are
glad this is thus, and trust our farmer
friends will remember to put some of
this precious stuff on their corn as well
as on their cotton. Sentinel.
The Vicksburg papers last week
stated that the Cammack levee had
given away, and that the water had
submerged everything in that vicin-
ity. OF course this announcement
had no foundation. 1t is true that Il
portion of the main levee did cave
away, but the danger was foreseen by
the engineer, who had large force at
work in the rear of the old levee, pre-
pairing for the danger that threatened
that locality. The announcement,
we learn, had the effect of bringing a
large number OF raftmen to the scene,
who were in high glee with the pros
pect of being able to get out large
amount of timber, and which has
for years been cut in the rear of the
Camack levee. We are inclined to
believe that they will be disappointed
this time, as Major Anderson and the
--a-ss'SH ArFS -SSIrIrrEsrtrvS- wan yvIuUoU
every advance that the water may
make with determination and energy
Spectator.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20
SUBSCRIPTION RECEIPTS.

During the past three weeks THE
COMET has received for account of
subscription the following sums to the
credit of the parties named for renew
ais and new subscription:
TNoTE-Some of these subscription have
been ordered and paid for by friends of the
parties to whom the paper is addressed.]
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

THE Carthagenian has entered upon
its ninth year, and the paper was
never more prosperous and readable
than at the present period of its his
tory under its present active and
talented editor, Mr.. L. NJ. Garrett.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

EX-GOVERNOR PORTER, of Tennes-
see, has accepted the Presidency OF
the Nashville, Chattanooga and St.
IOuis Railroad Company.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

DENIS KEARNEY has been sentenced
to six months Imprisonment in the
House of Correction, and to pay..a fine
of 81 900 for using incendiary language
toward the Chinese.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

IN the United States Senate, the
Committee on Privileges and Elections
have decided to make report recon-
mending that Kellogg be unseated and
that Spofford be admitted to the seat
as Senator from Louisiana.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

VI ITvrcv 'Jviip ''I'f't.. ---s '--.--'''''' II
Using columns from Auditor Gwin
and Treasurer Hemingway, who are
eX-of1icio Levee Commissioners. The
notice explains itself and parties in
terested will NOT fail tO rpod if
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20
j. II. COTTON,

J. Ii. LOTION,
VS..
ii. ii. MCKENZIE.
Error to the Circuit Court of Pike county
Hon. j. b. Chrisman, Judge.
This is sutton Il promissory note of Cot
ton to Mckenzie. for $3.50 So, the considers
ton of which was, in part family groceries
and the remainder, vinOus and spirituous
liquors in less quantities than gallon,
sold on credit. THERE'S no proof as to how
much of the amount was for family grocer
les. The question involved is whether or
not recovery can be had upon any part of
the note, or whether it is void in toto,
Cassidy and Stockdale for plaintiff in
error
Jas. c. Lamkin for defendant in error,
CAMPBELL, J,
led
1. The doctrine deducible from the null
titude of authorities, which we have exam
ined, as applicable to the main question in
this case, is, that if contract is based on
several considerations some of which are
merely insufficient, and not illegal, it is not
void, but may be upheld by the cOnsidera-
tiOn which is sufficient; but if one of sew
eral considerations of an eutire contract
as note is-bO illegal, the whole contract
is void.
2. illegality may consist i'm the violation
OF some positive statute, or in the viola
ton of the laws of religion, morality or
decency, or in opposition to public policy.
J. There is some confusion among tile
reported cases, bearing on this question
arising from failure to observe the dis
Junction between want or failure of cOnsid- |
GRAFTON, and illegality of part of the consid- |
Grafton OF contract. The distinction is |
between mere insufficieney or no consider |
alton, and that which the common law or a |
statute denOunces as not a lawful one
between what is ''vain'' or 'sidle'' or ssfriy,
ilOus," and what is ''viciOus," as Indicated
by the common law or statute: between
what the law regards as no consideration
and what it will not permit to serve AZ
such, because Of its vicious qualities.
4. But while recovery cannot he had ON
the security thus infected, a recovery may
be had, under proper pIeadings. on 50
much Of the consideration for which the
note was given, as without it was recover
able. The illegal note has no effect on the
valid dues embraced in 1t. They are as IN
The note had not been given.
.. Ihe statute declares that IL any DerSon
licensed to retail yinous or SDiritnous
liquors, "shall trust or give credit 10 any
person Tor vinOus or spiTituos liquors. sold ,
n less Quantities than a gallon. he shall
ose the debt aud be forever disabled from {
ecovering the same. or anv mart thereof. 4
'hd all notes or securities given therefor, t
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

Col. DAN RICE is lecturing in
Vicksburg. Can't Manager Lowd in
duce the eminent new departurist to
| come to Tacl, ane-o- --r.VySj G;4F50iret hht1
runs a circus or Il reform movement ;
but we want to be sure that it is the
real Danie!-thc unadulteratCd article
before we go in. We can survive a
mild fraud, Of small auger diameter,
like ROltair, but to be taken in with a
spurious Dan Rice would be too much
for our philosophy, Horatio. We could
not live after a fraud as huge as that
would be. Let the Simon pure Dan
lei come, and We'll go to hear him, and
take our devil, sub-devil, high y-col-
ored steam engine, and our cousins
and aunts and grandlathers and
mothers and uncles and all the rest of
the family; but it must be understood
that there is to be no hocus-pocus or
Dan. We want TIE Dan
Rice, the great clown, horse peda-
gogue, Snowman, temperance apostle
and evangelist.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

AN attempt was made to assassinate
Mayor Baxter, of Louisville, KY, on
Saturday last, by Sam Redd, a dis
charged street hand. The attempt
was unsuccessful.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20
+. b. POTTs. l
VS.. !
j. W. HINES, /

hrror TO the Circuit Court of Marshall
county, Hon. J. W. C. Watson, Judge.
This was a suit brought originally nv
ueiendant- in error against II. j. Mccall
guardian of F. b. Potts, lunatic. in tbe
circuit Court on an account the amount
OF which was within its Jurisdiction. The.
declaration contained six counts. the la,
oil which was upon an account stated for
an amount less than $50. Subsequently
the first five counts were abandoned ~
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

ACCORDING to the Meridian Mer-
idian Mercury the country is on the
brink of blue ruin, and it asks the
Wicksburg Herald to get hold of the
tail and the Jackson COMET to take it
by the name, and see if the catastrophe
cannot be averted. We are willing to
do our duty in the premises, but I'M
less the Mercury will let up somewhat
on the ruinous doctrine of eXodustina-
ton we can see but little hope.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

THE people along the course of the
Pearl River are alarmed about the
swelling tendency Of that mighty
stream, and the people near the banks
of the great Mississippi are even more
startled at the frightful proportions
which that tremendous and swallow
ing up water-course is threatening to
assume, The late heavy rains will
bring an ocean of water, us well as
an ocean of disasters
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

KEARNEY AND KALLoCH, with the
true instinct of all DULLES, are backing
down before the storm which they
have raised i'm California.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

The piano manufacturers in New
York are having trouble with their
employees. Most of them have sus-
pended operations.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

ACCORDING to the Washington
Post, Judge Field is the man the RAIDS
have got to fear in the Presidential
Tacp
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

THREE hundred members of the
Tammany Committee will attend the
National Democratic Convention at
Cincinnati, in body.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

SERIOUS fears are apprehended of a
general strike of laborers throughout
the country.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

THE State of Georgia seems to
stand a good chance Of winning the
unenviable distinction as the Sodom
of the South.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20

AN Indian massacre occurred near
Silverta, Col, by which a number Of
miners lost ther lives.