The news and herald. (Winnsboro, S.C.) 1877-1900, 1881-09-20

>applTcdto snch lien. III tbs .Elatc' or
facts the bthilttitrs, c6unsolf { c3lfscniel
to q vcrtlicttOr tl,d'Hcfendailts, which
was accordingly rendered..
f.. Elder a. co. VS.. John i. Dptis
aud OtllcrF Mr.. Mack, y for pldintiirs,
Mr. McDoM.ild for defendants. tbs
action was hrought by tl'c plaintiffs
against the defendant and his bonds.
men for damages which tic plaintiffs
claimed To- havc sustained by. reason
of The tailtvc Of the defendant to d5t
vertisc and sell two bales Of .cntt1n
and the growing crop, which 'hudCcin
ie:.itd upon by tho dtttil(lunt, as
sheriff, under u warrant iS5ucd uEon
an agricultural lien hcld'hy the pliit.-
tiils, aud given to them by ono Stin
Gjins. The defendant admitted the
levy, but claimed that the plaintiffs
had not been damaged. 1t was shoWn
by the evidence that Sam Coins hitd
given prior lien to Mrs. l.. McCrorcy
for rent of land and hire of Il mule,
and the lien was to secure the payment
.af SIGHT l'tlfH"ed poun1sas1iNt cotton.
with thirty dollars for $50 mule.
Coins made little over fnFce bales OF
cotton, and thc first was sold in the
pre-: acc Of Mr.. John T.. McC:rorcy, the
agent Of Mrs. McCrorct, aid the rent
Of mule was paid. The two bales
levied upon had 'bcEn delivered to
Mrs. McCrorcy for rent of land prior to
the levy. The presiding Judge charged
the j ury that the conditional hiring Of
mule was UnL an 0dr0nre, under the
s a'uto, and MS. MtCro'o was cn-
Titled to only two bales rents she hay
ing waived her lien if she consented to
the, Halc Of the first bale by Sam Coins
- and that she must account for the
value Of it, as SO much paid for ,,rent
of land. The lien Of tho plaintifls SWa:;
for siMy-tivc dollars, |,ana they claimed
one hundred dollars 'Hhmages. The
jury Wnnd la verdict in favor Of tic
plaintiffs for 5000.
Sarah S. Cook VS.. The Charlotte,
Columbia & Augusta Railroad Com
aiiy-Mcssrs. Buchanan and NlaGE3y
for plaintift, Col. Rion for defendants.
This action M'@s brought to recover. 9f|
the defendants, the value Of ccrt.lSll
Goots, shipped oItr Their road from
Winnstoro to MafYhallyillc, Georgia.
When the goods were delivered TO The
agent here no receipt was givcn,l but
afterwards, ON the request Of DR..
Buchanan, who shipped tho package,
Il receipt was given to his son. TITS
receipt contained Il stipulation that TIC
Company'%3nld not be responsible
for any loss or damage occurring be-
yond the terminus of their road. The
plaintiff endcavorcd to F$!low that TIC |
{Hinagc did occur on the line Of the
defendants road. There was II smash
up about the; timc Of shipment, at
Miles Mil, this sitlc' IF Augusta, but
it was shownby the dcfc,itIants that
this occurred Il few hours before Tic |
package left Winnsboro. Evidence |
was submitted, showing that the pack
age left Winnsboro in good 'condi!;oh,
"rr5Tta at Columbia in like condition,
AM. vas also in perfect condition when
shipped troln N'l&nsta to Marshall
villc oyer tic ,Gcof4sa Conttrl '1,uil
ROAD; .!Ec dahiagc to the goods wSs
clearly proven, and, indeed, not denied !,
by tho defendants. The defendants |
contcndcd that they were not li@Ule
for any damage occurring beyond tic |
road, and that, in any |
event, they were cxtihptcd from lia-
b!lity in the present. jus stuilcc, by rca~
son of the stipulation contained in the
receipt. Both these propositions were
!GSputrd bv. the plaintiffs attorlicyc,,1
put were sustained by the Judge i'll
his charge. The jury rendered il vcr-
diet for the defendants.
Joseph II. Kennedy VS.. ALEXANDER
Willifort.-- Mackcy for plaintiff,
Col. ltion for defendant: The plaintiff
demanded one bunitrcd Collars dam |
ages of the dctcmdAnt on ~ horse
trade. The plaintiff clain...cd that tho
horse he got from tho defendant was
So%u; iv a"Irs a wi" M%Fih his not" nSt M2re n ih3
a hundred and fifty. The defendant
that his horse was sound at
the time of the trade, ,bhd that though
he seemed TO have Something wrong
ah2ut the fo:clcgs, yet such apparent
4efect was distinctly pointed out to
the plaintiif when the trade was made.
The defendant also claimed that tli2
horse he got from the plaintiff wis NC.
worth more than one hundred dollars.
The jury found for the 'plhintTn sf5.