davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

TO the Judge of the Circuit Court. upon AN
agreement as to the facts, which were AS
follows: One e. 4. Blackman was owner
in fee of the iocrs in ono, and died in 1862,
having just made will which was duly
prObated, the first clause of which Is as
follows: 81 give and bequeath to my wife
Mickey W, for and during her natural life
or widowhood, all my personal and real
estate OF whatever kind or description am
now seized and possessed of, and which
may be remaining after tlle payment of my
just debts; and at the death Of my wife,
Mickey w, to my daughter Evilena y;
and should my daughter Eviena V. die du-
ring her minority, or without issue, and
after the death or marriage Of my wife
Mickey W., TO James Rhodes and the chill
dren of Sallie smith, James Rhodes one
half and the children the other" The
widow died In 1867, without having mar
ried. Evilena saryiyed her and intermar-
ried with W. W. Busby, the defendant. OF
this marriage child was born, who died
before Eyilena, and after the death of the
child, and in 1873, Eyilena died without is
sue. The plaintiffs were the ulterior linn
itees mentioned in the will, and the locus IN
quo was II part of the estate Of Blackman.
The Circuit Judge gave judgment for the
plaintiffs.
Stands a. johnson for plaintiff in error.
4. W. White for defendants in error.
GEORGE. J.
.Tehd-
The estate given to Eyilcna was fee
simple commencing after the termination
of the precedent estate OF the widow aud
defeasible on the contingency named in the
will. tO-wit: The dying of Eyllcna, after
the death or marriage of the widow, with
out issue living at the time of her death
This results from statutes then and now in
force. BY Art. =, page 30G of Code 1887,
every devise Of an estate shall be construed
n fee simple, If Il less estate be not limited
by eXpIess words. Hence, the devise to
Eyilena was II fee, without any words of
inheritance. Being fee simple, IL was
made, by the limitation over ON the con-
tingency of her dying without issue, base
Or determinabc fee. by Art. 4, page 800
Of the Code of 1857. the contingent lumta-
ton in the will to the plaintiffs, made to
depend upon the dying of Eyilcna without
issue, Is TO he construed exactly n IL the |
words. "living At the time of her death"
were inserted. We thus have Il devise of |
IN estate with Il limitation over dependent |
upon the expiration o less than three |
ives in being, and upon the dying of the |
holder of the precedent estate without |
ssuc living ut her death. This limitation |
~ way of cNecutory.deyise,i Is by all the |
authorities held TO be good, aud as the
went has happened ON which the uterior
imitation was to take effect, the estate has
iosied on the remainder men, and these are |
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22
SUPREME COURT DECISIONS.
Reported Weekly by Jenkins a. shot
well. AttOrneys.nt.I.aw.
OCTOBER TERN. 1850.

SIMS, BLLuPs a CO.,
VS..
PETER QUINN, ct al.
Error to the Circuit Court of Oktibbcha
county, Hon. j. NJ. Arnold, Judge.
This is an attempt by motion to make
the sheriff of Oktibbeha county liable for
the amount of "a Judgment for SlG,GOO, be-
cause of his failure to return on the proper
| day writ of readHioAi erpOads issued upon
said Judgment. The Sheriff had sold Il
small amount of property under the rendf,
but had delayed until saturday before the
Monday on which the writ was returnable,
| to collect from the purchaser, Fitzpatrick,
the amount of his bid-S15. ON Saturday
Fitzpatrick applied to the sheriff for indul-
gcnes until Tuesday, which the Sheriff de-
clined to do without the consent of the
plaintiffs attorneys. Fitzpatrick then ap-
piled to the attorneys of the plaintiff, who
SAID to him that whatever arrangement he
could make with the sheriff would be sat
isfactory to them, but that they would not
release the sheriff from any legal liabilities
he might incur. nor show him any fayors.
Returning to the Sheriff, Fitzpatrick deli,-
cred only the first portion of this message,
to-wit that whatever arrangements were
made between the officer and the purchaser
would be satisfactory TO the attorneys of
the plaintiff, supprcssing the declaration
that they could not release the Sheriff from
any legal liabilities, nor show him any ia
vors. Acting upon this message rs COM
municated, the Sheriff held the writ until
Tuesday. and upon this day returned IL
with the moncy-S15-into court. The mo-
ton is TO amercc him in the full amount of
the Judgment so, ,G00-for this delay of one
day IN making the return.
Orr n Sims and Carothcrs ~ Rogers for
plaintiffs in error.
u. Matthews Il NJ. Il. Butler for dcfend-
ant in error
CHALMERS, G. j.
HeLd-
That the motion cannot he maintained.
The officer was misled by the message de-
liycred to him by one whom the plaintiffs
attorneys had permitted to act as their
agent in the transmission of their wishes
in this matter. While the officer was not
told IN So many words that he might hold
up the writ. he did receive instructions
from which he was fairly led To infer will
lngncss on the part of the plaintiffs attor-
neys for him to do so. Those who propose
TO invoke against public officers the severe
penalties of the statute upon which this
motion H. based. must be very careful to d0
nothing which directly or indirectly con
tributes to the omission of duty comblain.
ed of.
Jurgmcnt affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22
Roth sides Satisfied.

There are some men in this world
who arc smart enough not IA be cheat
ell. They don't propose to let the
sharks and sharpers Of the world get
the test of them. Mr.. Galiager IL a
gentleman who weighs nearly $40
pounds, but lac isn't TOO stout 90 look
after his own interests. The other
day he purchased load OF coat aud
went himself to see IL weighed. The
driver, who WAS also very heavy
man somehow the coal cart drivers
are all heavy mcn-didn't get down
from the load aud when Gallagher
called his attention Ia it said he had
to hold his horses. But that didn't
satisfy Gallagher. He made the
driver GO Ia the horses heads aud hold
them. Then he discovered dog that
would weigh about ninety pounds
under the seat. He remarked that he
wasn't paying for any dogs these days
aud wanted the brute removed. The
driver said he couldn't leave the
horses 10 remove the dog, 80 Gala
CHER climbed upon the wheel, aud
grasped the dogs collar and yanked
the canine out. IL Immediately jump
ell back 10 its place ON the wagon.
Then Gallagcr yanked IL out again
aud again it jumped back. Again he
pulled the animal off that time with
much difficulty, the dog resisting
though not Offering 20 bite. lie tried
10 hold the dng that time, hut the
animal was ~ big a. n yearling calf
and too strong for him. IL got away
and back upon the load. Then Cat
lagher was mad. "Durn var pelt T"
he cried, "I'Il fix you l" He seized a
pitchf0rk, and mounting the had
grabbed the dog and hurlei it OF
I" Now he cried, bracing himself upon
the load aud pushing the animal back
4" 20 on and weigh the coal and
there he stood and with the fork kept
the dog of while the1oad was weigh
ed. Then he got down from The cart
and remnrkirx that they didn't get
him topay fsr That dogs weight, went
hsIne happy. And the driver went OF
happy. tno, ~ he reckonci That him
-elf nd The dog iagcther dhint weigh
over twenty-five pounis more than
Gallagher .-Basisn Pnst.
- = go -
A hug In thedark heats two sunday
5chool fair ki<e<-
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22
LOOK UP. NOT DOWN.

Life to some Is full Of sorrOw-
Half is real, half they borrow
Full of rocks and full of lodges,
Corners sharp and cutting edges.
Though the joy-bells may be ringing,
Not Il song you'll hear them singing.
Seeing never makes them wise,
Looking out OF downcast eyes.
All in vain the sun is shining,
Waters sparkling, blossoms twining;
They but see through these same sorrow
Sad tO-days and worse tO-mOrrOws,
See the clouds that must pass over;
See the weeds among the clover
Everything and anything
But the gold the sunbeams bring.
Draining from the bitter fountain,
LO your mole-hill seems II mountain.
Drops Of dew and drops of ram
Swell into the mighty main.
All in vain the blessings shower,
Aud the mercics fall with power.
Gathering chatf, ye tread the wheat,
Rich and royal. meath your feet.
Let il not be so. my neighbOr;
Look up as you love and labor.
Not for one alone woes vials;
Every one has cares and trials.
Joy and care are linked together,
Like the fair and cloudy weather.
May we have, oh ! let us pray;
Faith and patience for to-day.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

The New York Tribune l. making
anotl.er wild appeal for aid for the
colored fmn.igranfs In Kansas There
is little doubt that they are In a dis.
tressing condition, kilograms from all
sections Of the State showing them TO
be without food. At 0swego eight
died Of cold last week, while the con-
difion of affairs at Chotopa, Baxter
springs, Independence, 81. Louis, Par
sons, Coffeyville and Sedan was equal
" hard In the meanwhile the more
prosperous negroes, such as have some
money len, are hurrying south again
and pouring into Texas In ~ great
numbers a. they invaded Kansas last
summer.-N. o. Democrat.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

TnE New York sun says the great
corporations will start the lobby again
at Washington aud control the House
certainly and the Se"ate possibly. II
may he remarked in this connection,
that the House will certainly be Re
publican. Lobbyists have always
fiourislicd under II Republican regime.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

THE subject of making paper from
cotton stalks is under experiment.
G. w. Artcmus, of North Carolina,
has shown samples of the paper, and
he says the cotton stalk has from IL To
% per cent. more fibre than the ground
Wood now used
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

a VERY sad item comes from Bos-
ton it being nothing less than that
blondes are out of fashion. Young
men who were foolish enough 10 mar
ry them will now have plenty Of time
for rrDpuiaucp
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

TnE city authorities OF Montgom-
cry, Ala, have adopted an ordinance
prohibiting the sale, gift, or delivery
to minors, OF toy pistols, where the
same can be loaded with powder and
ball or with blank metallic cartridges.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22
MARTHA FRANKLIN,

| Vs.
JoHN T. FRANKLIN. ct al
Appeal from the Clancery Court of Mon
roe county, Hon. l.. Ilaugton, Chancellor.
Appellant, who is the widow of Alfred
Franklin, deceased, filed her bill against
John T. Franklin (son Of said Alfred, and
others, to--enforce a trust In certain lands.
The bill alleges that in 1869 said Alfred
bought the land and had the title placed in
the said John r., with the understanding
that he was to hold il in trust for the COM
plainant Martha Franklin), who was then
the wife of Alfred. That John 7. promised
to convey the land TO complainant, but failed
TO do so, and fraudulently conveyed TO
other parties. The prayer is to diyest the
title out of John r.. aud his vendees, and to
invest 1t in complainant.
A demurrur to the bill was sustained.
Reuben Davis for appellant.
Murphy, Sykes 4 Brstow for appellee.
CAMPBELL j.,
1. The trust IN the land declared
by Alfred Franklin. in 1853, and sought TO
he enforced in this suit. not being "made
and manifested by deed in writing signed
(by HIM or by his last will In writing"
was utterly void, and the demurrer 10 the
bill was properly sustained.-Code 1851, p.
$50, Art. =.
.. But while the parol declaration Of
trust was void, II Is eilectual TO rebut the
legal presumption of an advancement by
Alfred Franklin 10 his son in having the
deed made TO his son aud as the money
was paid by Alfred Franklin, and the title
conveyed to his son, il may be that f-ust
resulted TO the father. and ON his death de-
seended as the legal title would have done.
IL IL had been In him.
3. As Martha Franklin. the widow of
Alfred Franklin, may desire to assert her
right as widow to the resulting trust Of her
deceased husband i'm the land, aud may be
embarrassed in any such suit by the de-
crca in this, as IL was made in the Chaneery
Court. we will add to the decree a clause
dismissing the bill Of appellant. without
prejudice TO her right to exhibit her bill TO
establish her claim ~ the widow Of Alfred
Franklin. deceased. TO the trust In this
land which resulted to him.
Decree affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

TIE Alexandria, (Va.) Gazette says
that on The last day of the year, while
the thermometer was 4 degrees below
zero, Elder Scott broke the ice in Oc-
coquan creek and baptized Mr.. J. w.
Davis into the Primitive Church.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

The Greenville Times in its issue of
the 18th announces that arrangements
have about been completed for the
extension of the Greenville Railroad
from Arcola To Sunflower county.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

The country is getting so accustom-
ed to Mahoue's defining bis position,
that it will soon feel that it can't pos
sibly get along without hearing from
him at least once II week.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

BOB INGERsOLL is II regular tobacco
furnace. They say he smokes 1--WE
boxes of cigars day at $50 box.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

THE Mercury says that the bakers
of Meridian were, during the cold
Snap, unable 10 supply their customers
with bread, on account Of the scarcity
of fuel
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

IT appears that Gov. Tilden ana
John Kelley have both retired from
nolitics
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22
FASHIONABLE CLOTHING /!
REAEY MADE And CUSTOM WORK.
FOR
Men, Youths & Children
DEPARTM ENT

No. contains ready made Suits for men, cut by
the latest and most approved patterns, the
prevailing styles OF the North AMI Europe,
not those Of two or three years ago. Bus-
ness and Dress Susts and 0vereoats. in mate
rials that are guaranteed, are TO he found in
this department.
No. contains ready made Clothing foI young men
An elegant stock selected with special regard
for the tastes and peculiar requirmcnts OF the
rising generation, embracing everything from
office on store suits TO those demanded by the
drawing room or opera.
No. contains bsys suits cut in variety oil styles
and adapted TO- youngsters three years OF age
and upward. This Is department particu-
arly attractive to parents, and has for years
been made by US special feature in our
business. IL Is now full, with splendid as
sortment of nObby Styles
No. contains full stock of mems and boys Fur
nishing Goods, novelties In Shirts, Collars
Cravais, Ties, Scaris and Scarf Pins and Shirt
Studs. Only the best goods in gentlemen's
Underwear are kept in this department. n.
B-A perfectly fresh stock Of Kid, Dog Skin
and Wooden Gloves.
No. 5-Custom made Clothing Department--Stocked
with piece goods from the best manufacturers
In Europe or the United States, giving Gus
toners a wide range in patterns or fabrics
from which TO select. This department Is in
charge Of an experienced and skilul cutter
and produces work not exceled by the high
est price or most fashionable tailor In this
city.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22
NJ. X. GIBSON.
W.
LOCK A SMITH.

NJ. II. GIBSON.
W.
LOCK a SMITH.
Appeal from the Circuit Court OF I.eilorc
county, Hon. VIM. Cothren, Judge.
Appcllees sued out a distress warrant
against their tenant, which was levied
upon some personal property found ON the
Iemiscd premises. The officer holding the
warrant demanded Of the Landlords Zap
pcIlees) an indemnifying bond, which was
given and the property was sold. Ap-
pellant (who j. the wife of the tenant)
brought suit on the said bond, claiming
that she was the owner OF the said prop
erty and seeking TO recover it, value.
A demurrer 10 the declaration was sus-
tanned.
Helen a Kimbrough for appellant.
r. c. Catehings a l.. =. Yerger for ap-
pelIees.
GEORGE. j.
Hsid-
I. The demurrer was properly sustained.
AT common law. all personal property
found ON the demised presmises was liable
20 be distrained for the rent.
?. This rule has been changed by Sec.
1851 OF the Code Of 1871, but In exemptiug
the property Of others who are not liable
for rent. the statute expressly provideA
that the owner shall not have the benefit OF
the exemption unless he VIII replevy the
property a. provided for in this section,
before Il u sold under the distress warrant.
We have heretofore beld that such owner
has no other remedy than replevin.
Kendrick ". Watson, - Miss. 4a6.
3. The officer had no right 20 demand the
indemnifying bond. and il was voluntary
aud void.
Judgment affirmed
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

THE Alabama leg stature will meet
again on the lst of February.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

sw-etnsss Il no protection against
injustice; even sugar can be crushed
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22

A hug In thedark bea,s two sunday
School lair kl<e<-
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22
wat Intempcrauce Does.

Col. Robert q. Ingersol, speaking
upon n ease which involved the man
ufncture of ardent spirits, said 10 the
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-22
ALL KINDS OF
Book and Job Printing

EXECUTED ON SHORT NOTICE AND. IN THE
MOST APPROVED STYLE
The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1881-06-23

The board of visitors appointed to attend
the annual examination of the naval acade-
my refer in their report to an evil that has
attracted much attention both in the army
and in the navy, and one that is rapidly
growing in magnitude, viz, superabund-
ance of officers. They recommend MT only
higher standard for admission, but ex-
press the opinion that only enough cadets
should graduate from the naval academy to
make good the annual waste of the navy;
and say, that congress should by careful
legislation provide against the accumulation
of midshipmen and cadet engineers to grow
old in these inferior grades, to the manifest
injury of the naval service, its discipline
and it's fullness. The srmy is literally
overrun with officers. The government
cannot find employment for half the num-
Der annually turned out from the Yves
Point academy, and measures must vocn be
taken for reducing the number of cadets.
and for wedding out those already commits
stoned. There is no reason to believe that
further increase of the army or navy will
be authorized by congress, and hence the
necessity of cutting down the number Of
officers, which at present is vastly out of
proportion to the magnitude of both branch
es of the service.
The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1881-06-23
Bits of Finn.

An exchange has an article entitled May
Woman Woo?" OF course she may. Why
else is she called wooman?"
Her smile," saysa San Francisco report
er, speaking Of Emily Soldene. Opened
out like the Yosemite Valley on a May
morning.
The estate of rich man is hallowed
ground to the lawyers, and they will travel
for miles to prey upon it.
We cotitd hot credit the rnfcor that Clara
Louise Kellogg is really engaged to be
married to gentleman by the name of An
drews. Clara is romantic and sentiment
al young creature, and could not allow her
heart to go out towards any man with less
imposing name than Smith.
A wet blanket-The young ladies (about
the new curate): Isn't he good looking?
Such an amiable expression and such a
nice voice! Hope pail ask him to stay to
dinner" etc., etc. Aunt Pen (who had
bided her time): "Yes, my dears, and I
hear from his friend, the doctor, that he's
engaged to girl in the north, and mustn't
play at lawn tennis!"-Pwnch.
The old version is good enough for me, 4"
remarked Mrs. Brown sententiously. They
had been speaking of the New Testament.
"Yes," replied her visitor, casting her eyes
at the we'll -preserved copy at her elbow;
1T makes Just as good table ornament.
She was a3odsl tad eedate. Boston
schoolma'am, and absolutely afraid Of a
man. No male lips had ever pressed hers.
All the kisses she had given in her life had
been thrown away on female relatives, but
when one of her favorite scholars came
slyly behind her and rubbed her cheek with
the roug side of fig leaf, she turned sud
denly and blushingly exclaimed: well,
declare, it te1t like tnat's beard of three
DAVIS growth"
The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1881-06-23
The Abolition OF Petticoats.
From the London Teleg, aph. 4. !.


1t would appear shat the doctrines OF
woman's emancipation from the trammels
of feminine dress, promulgated sometime
ago with considerable vigor by strong 1nidd-
ed ladies in the United States. have recent
" enthusiastically adopted by an associa.
ton of German matrons and maidens,
which; under the significant title OF Cloth
ing Ieaeue for the Abolition Of Petticoats,
recently hEld It's first public meeting ia a
concert room Of tie Btuhneh Strasse, Ber-
lin. A chairwoman having feer duly elect
ed the proceedings were opened by aa elo-
oauent speech setting forth the inconven-
fence and disadvantages, from sanitary
point of view, of the flowing garments
hitherto deemed appropriate to wear for
civilized femaiee:' This discourse pro-,
nounced 1t to be the sa5rsd duty of every
member of the association to discard With the,
utmost ptomptitude, such Objectionable
.ajment, typical Of gu the disabilities
-wrongfully, ascribed to Woman: by her OPP
pressor, man, and to assume in ;ts stead "a
dualistic form Of covering for the legs a
we'll as for the arms" This daring pro-
gramme Of action was hailed with acclama-
tons Of approval by all present save one,
q Fmu Peters, WHO courageously stood up
fer the denounced petticoat, upon the
ground thst II was far more becoming than
trousers to methbets Of the female sex.
Her protesting voice, ..how evefj Was drowned
in storm Of indignant clanor, ahda reso-
luton embodying the sentiments previous.
" enunciated by the ch,.irwoman was
passed by an overwhelming majority of the.
fair leaauers.
The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1881-06-23
NEWS SUMMARY.
RAILROADS..

II is said there il ND longer any reasonable
doubt as to the speedy construction Of the Du
luth Wlnnepeg railroad. The, proposed
road will strike the Red river on line about
two hundred miles from Duluth.
AT meeting Of the Stockholders Of the St
Paul and Duluth railroad, beld in St Paul, the
following directors were elected: VIM. T.;
Rhawn q Philadelphia; s. 8. Merrill and W.
G, Van Horne ofiMilwaukee; J. J. Hill. James
Smith, Jr:, R. B. Angus and E. ". Winter Of
s.. Paul; r. B: Langdon of Minneapolis; H.;
H. Porter of Chicago. The directors of last
year not in the board now are Alexander
Mitchell, Peter Geddes, David BOWS and r. p
Flower. At subsequent meeting of the
directors the following gentlemen were
elected officers: James Smi h, Jr., president;
vice president, W. H. Rhawn; secretary and
treasurer, E. Q: Sewall; assistant secretary, G..
A. Richards of New York; executive committee,
$: s. Merrill, J. J. Hill and e. ". Winter.
Three great lines of road Are represented in the
executive committed, namely The Chicago,
Milwaukee 4 St. Paul, the Manitoba and Oma:
ha line, by which all three will have an equal
communication with Lake Superior if their
bushes requires it.