davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26
E. II. CoGBURN
VS.. No. 1921
MARGARET Hunt.

MARGARET HUNT.
Error to the Chaneery Court of Warren
county, Hon. U NJ. Young, Chancellor.
Cogburn purchased from the State lot OF
| land which had been sold for taxes assessed
to the owner, Margaret Hunt. In an action Of
ejectment by Cog5urn, was held that no title
passed to the State, because OF void de-
scription Of the property. See CogJurH '.
Hunt, "A Miss, 675.
Csgburn then filed his bill under l7l8 Of
the Code, which entities the purchaser at any
sale for taxes, who does not get title to the
land, to charge it with lien for the amount
paid, with interest and damages. The case
came again to the Supreme Court, when it was
held, on demurrer to the bill, that Cogburn
was entitled to enforce the lien, although the
description of the land in the assessment and
sale was void. See Cog5urn v Hunt 50 Miss,
71S
On return of the case to the Chancery Court,
at the hearing, the defendant proved that
there had been actual offer of the land for
sale. 1t appears that Hunt promised to pay
the taxes, and requested the collector not 10
sell. He failed to pay, and the collector, who
had then completed his sales, placed the lot
on the list of lands sold to the State. This list
was in lieu of conveyances, and was recorded.
Cogburn purchased on the faith of the record.
The Chancellor decreed in favor of defsn-
dant
He'd
l. The remedy of the purchaser under z17l8
of the Code, where he gets title and goes
upon the land TO enforce a lien for the amount
due with interest and damages, is not based
upon the theory of subrogation to the rights
Of the State as against the property; but il is
statutory right to proceed in equity against
the land to which, for some reason, the pur-
chaser gets title by his tax deed, in order
that he may be reimbursed.
2. The statute secures the rights Of Cogburn,
although the land was not in fact put up and
struck of to the State; offering land at auc-
ton is but . mode Of selling,
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26
The Cultivation of Oratory.
Advance.

u
The cultivation of true oratory in our
colleges is by all means to be commended.
How useful to this end the Interstate
Oratorical Associations are we cannot say.
They do, at least, point special attention to
the subject. Oratory, when one thinks OF
all it implies-of thought, personal convic.
ton, emotion, diction, method, style, man
ner, vocalization, in short the total utter
ance with view to instruction, conviction,
persuasion to actions a wonderful art
which cannot be too assiduously cultivated.
Every profession needs it; the Christian
ministry needs it supremely. For nothing
did the great Apostle plead more earnestly
that "utteranee" might be given him to
speak the truth as he ought to speak it
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26

vs. No. 3409
A. l.. BLACKBURN.
Error TO Circuit Court Of Tate county, Hon
Saml Powell, Judge.
Cooke purchased Of Blackburn a stock OF
merchandise and in part payment gave a
| sealed note, in which il was recitsd that the
consideration was the purchase Of the goods.
Suit was brought, and the defendant filed a
special plea setting up, that while the writing
obligatory was given, as it states, for the
merchandise, further inducement was the
promise of the plaintiff to give defendant the
benefit of his trade in buying to the amount
of the note, and to influence his friends to pur-
chase, and that he would not rival the defen-
dant in business for certain period of time
and that the plaintiff had violated his prom
Use in all these particulars.
To this plea demurrer was sustained
Held
/. The plea sets up good defense, and the
demurrer was improperly sustained.
z. Whatever may be the statement of the
consideration, it is always allowable TO show
that the instrument sued on never was valid,
either for fraud, or illegality, want Of con-
slderatIon, or for failure of some condition on
which the instrument was to take effect; or
that having been valid, from something oc-
curing subsequently,, it has ceased to be
operative, wholly or partially.
3. This does not affect the rule, that the
terms of written contract can not be varied
by parol The distinction Is between the
promise or contract itself and the considera-
ton or that upon which it rests. The rule
which prohibits the introduction Of parol tes-
timony to vary the terms of written contract,
is no better established than the rule which al
lows full enquiry to the consideration. Bar
ker 8 Prentiss, Mass, 400.
4. Under the statute, Code G35 there is no
difference in this respect between sealed and
unsealed Instruments
1t is admissible to asSail an instrument
under seal, and show by psrol that the real
consideration is different from that expressed.
Meyer, Weis j. Co. Is. Casey decided at the
present term. ReUsTSed
Opinion by CAMPBELL, J.
Stands Johnson for plaintiffs in error.
Oglesby & Taylor, for defendants in error.
ITO be reported
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26

MAMMA seeks to console her crying child,
and asked Johnnie what has hurt him.
Johnnie bawls more Justify than ever, and
tells mamma that yesterday he fell down
and hurt himself. Yesterday" says the
fond parent. "Then why do you cry to-
day ?" "Oh! because you were not at home
yesterday"
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26
Robert Wash, Esq, 81. Louis, SO.

4 wife was enioined by the doctor to
give her husband all the deIicacies sho
could procure, As there was NO prospect
of his recovery. Said the loving
spouse Then what's the use Of vast
ing dainty bits upon him if they won't
cure him p
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26

SHenry, said his wife with chilling
severity, ssI saw you coming out of sa-
loon this afternoon" "Well, my dar-
ling" replied the heartless man, you
wouldn't have your husband staying in
a saloon all day, would your"
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26

A young woman in Glen Cove, L. l., has
a hen that sings "Hold the Fort" with all
the JUNCTION of Widow Van Colt. She has
only to start the air, when the pullet joins
in and sings along with her to the end, fol-
lowing the notes and Winding all the rests.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26

A man who had fled petition for
divorce was informed by his counsel
that his wife had filed ''cross petition,
as LAWYERS call it. a cross petition !"
exclaimed the husband that just IKE
her. She never did good-natureo
thing in her life.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26

Two pickerel were jumping out of the
water hear Babylon, L. l., try to catch swal-
into the water. On rowing out to the spot
IT was found that the smaller one hak jump
ed into the larger ones mouth and killed it.
Both together weighed twenty-five pounds.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26

.| d .F4 rft. rr.f-
- - H. -
.r .r.. ,I a.
.....r e..... ......'. .....t, .....g a,,I 49,.
..-.I ,..,..rT - -.
e.. .,....-....r 10. ,-..-...s..I :,
So. H.. b.. ,.,........, - az
L 49, '
r.s.r
5J -rr.. ..-- r... ~
- .y
t- .. -. ...7 .
.. .....5 .ii....+ ~ a..
.... .... .... 't'. ''' - ''i.
"... ''.' .'.' RI li. D" ~ 7aoi'
.'. ...'-'' '- ''. "".'i "''' 'N'''l' 'i ''
approved.
rrfr4R1TTgv
E.Hr#E.r. We regard the question Of lmml-
-ratr.n r.. a. greatest moment. and the great
,-- need ~ rice ates So represent and OF the
.H.H.. South Hai
WHEREAS. We .oll uPou the e-ithli Shmeos
... FL sIrea. nI immigration ia these several
frs- rs Pra-earuHnlr proper amt neees7 =
f.r. Nut az tHr N.-f means 10y winch their re-
s..F.'5 e'n b.. made Nn""n by "heh "a sF s.
t.u.'. Immigration can DE accomplish d.
Therefore, Dee.
iHsi wye cordially recommend thai
IiH.0a. appropriations Pc made Toy our various
Legislatures low fh- maintenance ana proper
.r-tn.. t.a OF those bureaus, 2Hi ihat su1h
H.a.r -.-@ l.N t+ WAL insure thelf ,Hr''iNe
H.r..n" #ao tH" near aa''Wp.l -Amahi Oh lhe
HueI-u.e. .I end. tHe Introduction OF "a thrifty
class a. .n.-r.u.7. ue enacted.
4. " far.h.r A.rH'r"tr tNHt a committee OF
i.n ODD ''-".7 pug Oh wv" E" '.'.I
aH.N STATE. .. -.. ...'' 'E '"4 '""''' s.'tN
."Ht..' r.. if '"-'N. ft'' WIN me several 'u
Ert.- "' .Ha.. F'. ttt- ''.'. .h '''.' lt .''
r. '--.-' lt i.'' cor. ''h Cd. 7.''' ''t ~ =
EtA'N". .'A IT'D i"-''" .''. .''' ..l' 60 NM ~
themselves "t 'He proceedings ana -hh'T7 %,
-aiI bureaus. and 10 report same at the annual
meeting of this Association.
-.,. ,. ,-..... ...,-r--.,,r.,,-
H...fr.7 Iuaf 70 committee OF three be app
..alut.. Hv tu. Fr.aJlrnl OF this As-priat.o u.
whose Iuts 10 shall ba tr examine and report
at illa December meeting OF this Association
4.rmr. tHa Iqhar question. Suggesting such leg
lsIs.fru a- lsy ue Doomed ny them necessary
@H. F..t..'. '-.' '- I.+ i .5.i 7''0'
COTTON SEED MONOPOLY
.v- T, 1.....,..... ..,f s.;.,,,if. a.
'.".'7' - 10. D. - 80
..'i. '.L @ '- ,., h',r rt
..,... ,,.,. .., ma rs.,lr.ie AS
..,....I,,... f... GREAT ,qIgr and which.
.f.,..5, Al. -,..,.as and me ornlfcati9u ~
r... l..g .r.,,,-,, H., H.. g, ,,r,-
III '.. ...' ,,.5 Of c,,5,,1,.r,,.
'..'" '
u-,r,r.. r.r-le. Investigation "a q, the
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26

Calino has the misfortune to lose his
wife. He ordered to be engraved upon
her tombstone the single word Re
grets." ''Why," said the stone-cutter
to him, ''do you not say eternal re-
grets ?" Cant do it," said Calino, 81
only rent the lot for five years.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26

A sailor being asked how he liked his
bride, replied ''Why, dye see, took
her for to be only half Of me, as the par
SON says; but dash me if she isn't twice
as much as /. I'm only a tar, and she
is a Tartar"
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26
SUPREME COURT DECISIONS.
Reported for The Clarion by I. Brame. Atto,-
ney-Gt-Law, Jackson, Miss
APRIL TERM. 1880
MONDAY. May Il, 1850
J. H GREEN
APRIL TERM. 1850

MONDAY, May IT, 1851.
J. H. GREEN,
No. 34t1
MosEs Boon.
Error TO the Circuit Court. Chickasaw couu-
~, Hon. J. A. Green, Judge
Moses Boon recovered judgment against J.
II. Green before justice of the peace Green,
within the five days allowed by law, PRAYED
an appeal to the Circuit Court. Bond was
given and the appeal was regular, except thst
the date Of the affidavit was by the justice left
blank, and he did not sign his name to the
jurat. Nor was the affidavit marked filed
In the Circuit Court Boon moved to dismiss
the appeal. Green asked 10 have the appeal
amended, and offered to prove by the justice
that It was duly taken, and that the affidavit
was in fact made and delivered to him within
the time. This was refused and the appeal
was dismissed. Defendant excepted.
HeLE-
That this was error. The Circuit Court
should have permitted the amendment.
Reversed
Opinion by CAMPBELL, J.
A Y. Harper for plaintiff, in error.
Lacey Baskin. for defendant in error.
To be reported
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26
SARAH BATES
vs..
y esnsn
No %

vs. NO. Dot
PETER c. Crow.
Error TO Circuit Court Ittawamba County
| Hon. }. A. Green Judge.
An attachment for 81, $50 was issued by .
justice of the peace and levied on property
valued at that sum by constable. Instead OF
delivering the property and writ to the sher.
it the constable allowed the defendant to re-
tain the property upon his executing bond
which he returned with the writ to the Cir
cult Court. On motion, the Circuit Court dis
missed the case the ground that no iuris-
diction was acquired by the return of the con-
stable
Held
/. This was error The act of ISIS
[Ses. Acts 1881 in effect, makes every attach
ment case two suits, one an rem, and one IN
perSOHdm. The Court could have done moth
ing more than dismissed the attachment pro-
ceediugs and even this would not have been
proper if plaintiff desired an alias writ of at
tachmeut. RiHq rs. Barnett, 50 Miss 81
2 The effect OF the Act of 1873 is also to
Mississippi MHS, 50 Miss. l01 that the filing
OF a plea to the merits operates as "A waiver Of
Il plea in abatement to the attachment.
Reversed.
Opinion by CHALMERS, J.
Blair & Clifton, for plaintiff in error
No counsel for defendant ia error
To be reported
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26
Convention or the Mississippi Valley
Cotton Planters Association,
RESOLUTIONS :

Az v.a1s5urs. Kiss, May 18Th, 1880.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26

"Talk is cheap" Is it? Just hire lawyer
once.-Syracuse Herald,
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26
EXHIBITION or AGRICULTURAL DfPLE-
MENI-.
TRANSPORTATION or PRODUCTS.

WHERE As The cost of transporting our pro
ducts to market, owing TO the great outlay for
expensive steamboats,. and the mode of oper-
atiug them in Il serious burden us; aud
WHEREAS, The success ot.the barge lines has
been proven; therefore
Rss5{reL That the members Of this A-sOcia-
tiou will cheerfuIy patrouize any line that
viii cheaper the movement Of our products
and that the Executive Committee BE authO-
rized to correspond with transportation COM
pIuies TO ascertain If anything can be done to
accomplish this object.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26
COTTON FUTURES.
REAs, The traffic in cotton futu

WHEREAS, The traffic in cotton futures has
grown 10 such vast proportions to HAYS an
important airing upon the great leading in
dustry of the South; and inasmuch as the
business (if it is worthy of being so desig-
natedl, has been pronounced by some Of the
Courts of the country as q species of gam
bling, and therefore demoralizing in its char
acter; and as it tends to unacttle the value Of
the staple and cause frequent fluctuations
without reference to any known standard Of
value, il is evil, and only evil and unworthy
Of any people engaged in bnsinessi therefore,
be it
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-05-26

Resoiged. That this Association does here
By protest against such dealing a. iuimical =
the interest 81 the cotton grower, AMI a. utter
iy iilegItima.e a business ex sept in cases
where an actual delivery is con teInulated
when making he contract. and carried out ia
It's maturity.
kes0itsd, That while we disclsim any dis
position or purpose 10 dictate 70 our cotton
factors, we yet take he liberty Of expressing
the opin on tAat their participation in this
business j. burtful to Us. and is an eucour-
agemant % a species Of business which is de-
m9Fallzlng IN it's character a. il j. usually
conducted.
National Republican., 1880-12-01
orr NOTES.

b. T. Queen of the st. James news stand
sends the New York Clipper for the current
week.
The only patent awarded to District In
ventor this week was to Henry Johnson for O
mechanical accountant instrument.
The only Turkish bath in the city, 500 +
street, near Judiciary Square. Best shampoocr
this side Of New York. Dr. Bovee.
You can publish three.lno advertise
meht of want, ront, for sale or lost three times
for twenty-five cents In The REPUBLICAN.
The highest cash price paid for dresses and
gents clothing, watches, iowolry, etc. Call or
address Hcrzog, 305 Ninth ST., near Pa. ave.
Turkish. Russian and Sulphur Baths ut
tho well.knowp pIaee, 003 L street, near Ninth.
The only reliable place In tho city for genuine
baths.
Bakers Dramatic company will play "Trip
Van Wrinkle" in Georgetown Friday evening"
the 3d. for the benefit of Invinciblc council, l,
Sons of Jouadab.
Bradbury pianos and organs on tho popu-
lar instalment plan. Superior renting stock
o speciality. Frteborn q. Smith, 1103 Penn.
sylvania avenue
Fifty mechanics and lab orors on tho
temporary forceor the bureau of engraving
and printing wee discharged yesterday, the
work upon wbidi they wero employed having
ceased.
No date ha5yct boen fixed for the un-
yelling Of Mrs Aoxies statue of Farragut, in
Farragut squan. A proposition has bccn
made to have tic unvciling ceremonies take
place on the 4ti of March.
-Washugtou has had all kinds of weather
during the pasEweek, each day being worse
than its predecessor. IL Is quite impossible,
however, 10 get anything worse than the driz.
cling sleet and Ipin OF last night.
We learn tlat the agency of this city Of
Tho Howard Insurance company Of New York
has been changel to the office Of +. b. Smith.
Lc Droit buiIdidS~s00 L street. The Howard
for fifty years has been regarded as one Of tho
safest companies in the country.
All tho furniture of tho barbor-shop
located In one OF tho cloak rooms of the house
of REPRESENTATIVES ut the capitol was de-
stroyed during Monday night by fire, the
origin of whichIis not known. Considerable
damage was aone also TO tho walls and
ceilings Men were put to work yesterday re.
pairing tho damage.
The annual reception and leveo of WASH
ingtcn commaiaiery No. 1, Knights Tempar,
takes place Mt Masonic temple next Monday
night. Tho reputation of this commandcry
FOR excellence IL entertainments of this de.
scription has lncomo proverbal. Every ef-
fort is being nude to have the approaching
event prove theincst of tho season.
National Republican., 1880-12-01
uLsrERETrEs. E1sEMAN BROS, 7rH & e.
A Pleasant Entertainments.


Our advertising columns announce fair
by the ladies of st. Andrews parish, to be
held at Willard hall during the first three
days and evenings of December. The pro.
ceeds will be devoted to furnishing tho hand
some chapel just being finished at tho corner
of Fourteenth and Corcoran streets. The gem
tlcmcn of tho congregation have, with un.
usual enterprise aud industry, succeeded in
building this neat odiiice within the past sixty
days. The work has been done so quickly
aud so quietly that II has escaped the public
comment that it merits. 1t is proposed to
have it ready for occupation within the next
thirty days, should tho weather permit. The
ladies have now undertaken their share of the
work, viz, to furnish the chapel. A generous
patronage of their fair will insure them sue.
cess. At noon each day they will fur
nish n luncheon adapted to tho wants
Of the employees of tho departments,
banks and Offices in the neighborhood. The
food will be prepared by tho ladies in person.
At night beautiful assortment of all kinds
Of articles Of art, vertu and general merchan-
disc, with many handmade keepsakes. will
be offered for sale. In view OF the approach
ing holidays these articles arc in especial dc.
mand, and will be offered at their ordinary
store value; though the articles are fanciful
the prices will in all cases be real values.
Those desiring such gifts will aid a noble en-
terpriso and consult their own interests by
purchasing at this fair. Supper and refresh
ments will be served each evening.
National Republican., 1880-12-01
YOUTHS ovERCoATs. EIsEMAN BROS.
Tho Death of Mr.. Clark II. Hodge.

Tho many friends of Mr.. and Mrs. s. NJ
Fassott will be deeply panied to learn that
Mr.. Clark r. Hodge, tho husband of their
daughter Flora, died at his home in Cleve.
land, Ohio, of rheumatism Of tho heart, at
haf-past four p. m. on Monday. Ho had been
sick but short time. Mrs. Hodge, it will be
remembered, was married only last June, and
all who knew her congratulated her on her
choice, and wished her many years of welded
happiness. Mr.. Hodge was in every respect
worthy of his lovely and accomplished bride,
and tho intelligence Of this sudden and un-
expected blow fills tho hearts Of the young
widows hosts of friends with unaffected sor-
row. Mrs. Fassett received q telegram on
Monday afternoon, dated o'clock, stating
that Clark could not live, md two hours later
received another stating that ho died ut 430
p. m. Sho Immediately left for Cleveland.
Mr. and Mrs. Fassett resolved the sincere
coincidence of all who know them.
National Republican., 1880-12-01
YOUTHS uLsTERs. EisEMAN BROS. ,7rH 81

Tho National Veteran club held u meeting
last night, with Colonel J. o. L. Burnside in
the chair and Major II. ID. Norton secretary.
The chief business before tho club was the
consideration of the revised constitution aud
bylaws. Their principal features provide for
a seal for the club, the eligibility to member
ship of any honorably discharged soldier or
sailor who served in the war against the re.
belion who is of reputable character and re.
publican in politics, tho appointment of
finance and executive committees aud COM
mttec on membership, etc. Provision Is
made for penalties. expulsion, Withdrawals,
etc. Among the bylaws is one prohibiting
smoking during meeting aud another pre-.
scribing the uniform for parade occasions.
The other business done was the submission
of reports of money collected during the cam.
paign, Of the report of the financial secretary,
of the treasurer aud Of the executive commit
teej also the report of the committee which
called upon General Garfield. 1t was ordered
that the reports Of tho officers and executive
committee bo referred to the finance commit
tee to be audited aud report made thereon. A
number OF bills We're ordered to be paid.
National Republican., 1880-12-01
BOYS SUITS, EIsEMAN BROS 7Tu AND e
Hotel Arrivals.


St. James-George Shepard Pago of New
York, Il. A. Ford and wife of Bnghamton
N. Y, j. b. Somers and wife of Chicago, H.,
Miss Lucy Tuck and AMMO Claude OF
Annapolis, Nd, A. T. Dickson and wife OF
Richmond, b. N. Virgins, wife and son OF
Jersey City, George w. Sonsner of u. S. NJ,
aud ]. W. Slucc, wifo aud daughter of New
London.
Riggs-Hon. J. G. Carlisle and wife of Ken.
lucky, Nathaniel Myers Of st. Louis, l.. L.
Dickinson of New York and George T.
Stearns Of North Carolina.
Impcrial-James ii. Harris of New York
ii. A. Wheeler of Burlington, Iowa, J. G.
Brown of Baltimore and b. s. Morton and
wife of New York.
Wllard's--E. Il. Parish of st. Louis, Hon
S. b. Conover of Florida, Richard Wallets o
New York, B. w. Throckmorton of JERSEY
City and ID. B. Graham aud wife of Denver
Col.
National--ITon. Il. II. Brents of Washing
ton territory, NJ. II. Robinson of New York
j. ID. Cameron of Durham, N. c., NJ. ID. John
ston of Philadelphia, Hon. j. G.. Cannon o
Illinois, Hon. III. S. Neal of Ohio, j. L. Leo OF
Camden, N. j., l.. S. Brown Of Lynchburg, j
Anthony of Willamstown, Pa, G. Lokey o
Troy, N. Y, g. A. Helmbright of Wheeling
w. Va, and George p, Miller of Washington
Pa,