davidaulloa/AmericanStories huggingface dataset:
The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-07-04
Annual Exercises

Of the Concord Literary Society, to be
held July II, 1885, beginning at 8
p. m.
Welcome address by DR.. j. 7. Alt
man.
Recitation by Miss Matte Grayson.
Grafton by W. D. Davis.
Recitation by Miss Ada Mclean.
Defamation by w. I. Wadley.
Recitation by Miss Linnie Hopkins.
Defamation by Ada Altman.
Oration by J. L. Grayson.
Recitation by Miss Lundie McCon.
nell.
Discussion by Messrs. j. w. Thorn.
as and j. N. Fite.
Recitation by Miss Matte Patrick.
Recitation by Miss Lizzie Altman.
Defamation by N. B. Maddox.
Recitation by Miss Cassie Hopkins.
Recitation by Miss Alice McCon'
nell.
Annual address by W. E. Fite.
Recitation by Miss Eta Cook.
Valedictory by Miss DOME McCon.
nell.
We extend a cordial invitation tC
any who may desire to come, and will
try to entartain them as we'll as is
possible. The G. L. S. has done 6
good work this spring, and can boast
OF some splendid debaters and accom-
plished young ladies as can be found
in any country community in Gibsor
county. Respectfully,
w. E FIFE.
The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-07-04
From the Mountains.

For many years | have been
troubled with scrnfulous affection.
My right leg was covered with sores
from the hip to the ankle-some of
them large and painful, running a
great deal. l tried everything l
could think of or friends could sug>
gest. The physicians did what they
could, but brought no permanent re-
lief. My case was well known in this
community, as well as the feaful suf-
ferings | endured. Last fall, at the
suggestion of a friend, | began the
use of Swift's Specific. 1t produced
change SO apparent tina: it aston
ished everybody, as one ulcer after
another disappeared, and none were
more astonished than myself. Six
bottles produced an entire cure. My
restoration is due entirely to the use
of this medicine. 1t is the best blood
purifier in the world, and will come
nearer doing what is claimed for it
than any medicine have ever tried.
j. N. WATKINS.
Jasper, Ga, April 80, 1885.
Treatise on Blood and Skin Diseases
mailed free. The SWIFT SPECIFIC
Co., Drawer 8, Atlanta, Ga.
The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-07-04
Wall Paper

Wall Paper.
Go to Henderson d Martins for
rare bargains in Wall Paper.
The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-07-04
Dangerous Bowel Disorders.

Now that bowel disorders, such as
cholera, cholera morbus, diarrhea,
looseness, pains in the bowels, etc., are
prevalent all over the country All
should be prepared for sudden emer-
gencies; Mansfeld's mississippi Diar>
rhea Cordial" is the standard remedy.
1t has stood the test of untold thou>
sands for thirty years, and has never
been known to fail in single instance.
Every steamer plying the "Father
of Waters" carries it and relies upon it
exclusively for the cure of bowel dis
orders. One dose often effects a cure
and several doses never fails. Have
it handy! 1t is safe and reliable, and
the best remedy of its kind in the
world. Sold by all druggists and by
the Mansfield Medicine Co., Memphis
Tenn.
The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-07-04
Rheumatic,

l suffered with rheumatism for
many mosths, at times unable to walk
or get about only on crutches. |
took eight bottles of Swift's Specific,
and have been entirely relieved.
P. T. BARTRUM, Macon. Ga.
The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-07-04

Over 1000 lunches Of ,hese beau
tiful goods Just received, aud are de-
termined to sell them Immediately.
Ladies, if you want hats trimmed
nicely and trimmed with elegant goods,
call. They are fer sale at wholesale
prices. No humbug.
o. II. HALLsTRoM.
The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-07-04

Call on R. o. Crump, the jeweler,
for spectacles, eyeglasses, smoked
glasses for sore eyes, and anything in
his line he sells cheap.
The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-07-04

Genuine Rogers Silver Plated
knives, forks, spoons, cups, napkin
rings, etc., for sale cheap at K. o,
Crump's jewelry store.
The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-07-04

Preserve your Strawberries and 9th
er fruit by using "Antifermentine."
For sale by Edwards d Shepherd.
The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-07-04
IMPORTANT.

When you visit or leave New York City,
save Baggage, Expressage and Carriage Hire
and stop at the Grand Union Hotel, opposite
Grand Central Depot.
Elegant rooms, fitted up at cost of 81 .0OO,,
900, reduced to 81 and upwards per day Euro
pean plan Elevator. Restaurant supplied
with the best Horse cars. stages and elevated
railroad to all depOts. Families can live better
fer less money at the Grand Union Hotel than
at any other first-class hotel in the city.
The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-07-04
Trustees Sale.

TNDER AND BY VIRTUE OF A TRUST
~ Deed executed by j. J. Collins, and wife
to me as trustee, to secure an indebtedness
due b. A. Denny for 1886 from j. J Collins,
which deed was executed on the 9th day CT
September, 1884, and recorded in the registers
once at Trenton, Tenn, in Trust deed book
No. IL, page "a. | will, on the 3lst day OF
July, 1856, within legal hours. sell at public
sale fer cash, to the highest bidder, in front
Of Edwards 4 Shepherds grocery, in the town
Of Milan, the following described realty, viz:
Situated in Gibson county. Tenn, In the town
Of Milan, In Third ward, and bounded as fol-
lows: beginning at a stake fifty feet from the
\, 4 \ :Ailroa d, 20 feet southwest OfOrls ndo
Lewter's southwest corner; thence parallel
with said Lewter's line l215 poles to a'stake;
thence southwest 251h poles to stake; thence
southeast l2h poles to stake, SO feet Of said
railroad; thence wi b said railroad 31S poles
to the beginning, containing acres by the
same, more or less. Title TO said property
though | sell only as trustee. -
B. A. SHEPHERD,
July !, 1855. Trustee.
The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1885-07-04
Dissolution Notice.

OOIICE rs HEREBY GIVEN THAT
N the firm of J. l.. andN N. Williams; do
county. Tenn, is this day dissolved by mutual
consent. J. +. Williams is authorized to col
lect all monies due the firm, and he assumes
all liabilities Of said firm, This May 6th,
1885. J. l.. x Y. al. WILLIAMS
The clarion., 1885-02-04
For THE CLARIoS
H. H. Hines Esq. for State Auditor

| see from the newspapers that there
are several gentlemen whose friends
respectively think should be our next
State Auditor. 1t is well that the at
tentiou of the voters is thus early Called
to this subject.
This office is not only one of great i'm
portauce, but of much complication, and
of many details, and no one without ex-
perience in regard to its practical work
ings can enter upon it and be from the
first master of the situation.
As offices are created not for the ben
eft of office holders, nor to be bestowed
for party service, or as pensions to the
needy, but exclusively for the good of
the people, why should any one be elect
ed to any office who is stranger to its
duties, and who, after being elected
will have to learn his business, or act by
deputy, when honest, capable, and pa
triotic citizens, familiar with the duties
of the position, by having as it were
served an apprenticeship to it, can be
found, who are willing To serve the peo-
pie. if called upon TO do so?
From incCmpetency In Office in Mis-
sissippi, many evils result, and the peo-
pie are frequently made to suffer, and
this is often the case, though The fact is
never brought to their kno" ledge.
We have known clerks of courts,
sherifis, supervisors, Legislators, and per
haps still other officers, elected with a
knowledge on the part of the voter of
their untitness, and that they would be
obliged to discharge their duties by
deputies.
This is all wrong. Voters should Sc
lect their official agents, upon the same
principle upon which they employ a
laborer, mechanic, a teacher, physi-
clan or lawyer-that is, for their fitness
and qualifications to do what they wish
to have accomplished.
/ now respectfully suggest to the
voters of the State that at the election
to be held the ensuing fall they take a
new departure. Let the purpose be, as
far as practicable, to fill every Office by
a person known to be honest and capa-
BILE, and, by training and experience,
we'll qualified to discharge its duties.
Such persons, and in sufficient numbers,
can be found.
In accordance with these views, sug-
gest that II. Ii. Hines, Esq, of Jackson,
be made our next State Auditor.
A VOTER.
The clarion., 1885-02-04

share of demurrer, that the sale was
void, and that the purchaser should not
be required to paw for what he had not
actually obtained. The demurrer was
/ overruled, and a decree entered in favor
of the complainant. The question is as
to the validity of the proceedings under
which the land was sold
The sale is not maintainable If made
under I 2ll3 of the Code, it is void
because of the want of compliance with
its requirement that "a summons shall
issue for at least three of the near rela-
tions of the minor, if there be any in
he State" Temple a. Hammock, 81
Miss. 800.
If made with reference to 2l14, it is
void, because that applies only where
land Is held by the ward as heir or
devisee, jointly with other heirs or
devisees, who must be summoned on the
application of the guardian TO sell for a
separation of the interest of the minor
from that of co heirs or co devisees. This
land had not descended to the minors and
others. They were the only heirs of Mrs.
Gates, and Inherited from her the entire
interest decreed to be sold. Unless it be
true as ingeniously argued by counsel,
that the minors were cO-heirs as to each
other, and as both had the same guard
ian, there was no necessity for summon
ing the co heir, who was represented by
guardian, it is apparent that 2ll4 is
not applicable. We think it manifest
that this section applies only when the
guardian SEEKS decree of sale on the
ground that an equal division of the
land held by his ward and other co-he RS
or co-devisees cannot conveniently he
made. If the sale is sought for division
of the interest descended or devised, it
is sufficient to summon cO-heirs or co
deyisees; but where the object is not to
effect a division of joint interests, but to
sell the minors interest, whether held
in severalty or jointly with others, on
the ground that it will be beneficial to
the ward or for his interest, at least three
of the near relations of the minor must
be summoned, or it must be made to
appear by the record that they were not
summoned because there were none
such in this State. ErlciR 4. Carson 81
Miss, 2S2.
Where the sale is to be made for the
maintenance and education of the ward,
under Code 3l09, a summons is not
necessary, but the court may act on the
application of the guardian. Decree re-
versed and bill dismissed
CAlhoon and Green, for appellant.
Frank Johnston, for appellee.
The clarion., 1885-02-04
SUPREME COURT CASES.
Reported for The Clarion, by n. n. Parker
Attorney -at-la~, Jackson, Miss
October Term--ISSA
]. H. ?. WEsTBROoK,

BOARD OF SUPERVISORS OF De
SOTo COUNTY.
From the Circuit Court of DeSoto
county. A. T. Roane, Judge.
Claim against county must be rejected by
Board Of Supervisors before suit can be
instituted
COOPER, j.:
DIR. Westbrook was appointed health
officer for DeSoto county by the State
Board of Health, and the Board of Su-
pervisOrs, under the law, fixed his
salary at S15 per month. He served a
year or two and received pay at this
rate The Board of Supervisors then
decided that the salary allowed was too
high, the duties of the Office consisting
only of writing letter occasionally.
They therefore reduced it to $l.00 per
month, with the view of covering ex-
penses for postage, etc. Appellant re-
fused to accept the salary as reduced,
and, without first presenting his claim
to the Board of Supervisors, instituted
suit for the amount due him on the
basis of the salary as originally fixed.
He recovered judgment for an amount
less than that sued for, and appealed ;
and the Board of Supervisors took a
cross appeal.
1t was not permissible for Westbrook
to institute his suit against the county
unless his claim had been presented to
the Board of Supervisors for allowance
and had been by it rejected. The rejec
ton of the claim by the Board was and
is condition precedent to right tc
sue. Laurence county .. Brookhdven, 81
Miss; BrookhGUen U. Laurence county, 81
Miss. Rereysed
White & Morgan, for appellant.
Malone & Watsol, for cross appel
lants.
(Not to be reported.)
The clarion., 1885-02-04
One Way of Looking at 1t.

Total abstinence and Prohibition are
not everything, and no enlightened
friend of this movement either says or
thinks that they are. But total absti-
neuce and Prohibition are both good
things and helpful to get higher. The
enlightened intelligence aud piety of the
country are in short, against the liquor
traffic. We object to the importation of
criminals, paupers, waits, and black
guards, and we do well in making such
an objection. Why should it be thought
strange then that we object TO the estab-
lisbment of places for the manufacture
of all these, and that TO far more for
midable extent than could be accom-
plished by importation in a century p
TORONTO Globe,
The clarion., 1885-02-04

A CURIOUS will, drawn by Mrs. Sarah
Ellen Smith, was fled in the Philadel-
phia Orphans Court, few days ago.
1t pro ided that her residence be left to
Sarah Wilson until she should arrive at
80 years of age, when, if ever, she would
"know the necessity of taking care of
her means, and not having husband
who uses tobacco intoxicating drinks"
After Miss Wilson becomes 80 years old,
the property is to go to her absolutely,
but it is provided that SHOULD she have
a husband who can afford to indulge in
the use of rum and tobacco, of course be
can support her without this bequest,
and the house and grounds shall be
given to the Society of the Presbyterian
Church for the Support of INDECENT
Preachers" She further instructed her
executor to see that none of her estate
should be used in any way to encourage
the use Of rum and tobacco, through
which she received her Growing sor-
row."
The clarion., 1885-02-04
L. A. FITZPATRICK,

T. ]. BEAL, Guardian of James
and Susan E. Gates, minors.
From the Chancery Court of Coahoma
county. w. G.. Phelps, Chancellor.
Sale Of land Of minors ,oithout requisite
summons.
CAMPBELL, c. J.
Mrs. Gates died leaving two children
upon whom there was cast by desceat a
half interest in certain lands in Coahoma
and Quitman counties. On November
16, 1880, T. J. Beal was appointed and
qualified, in the Chancery Court in
Coahoma county, as their guardian, and
on the same day he filed a petition set
ting forth that his wards were the own
ers of an undivided two-fourths interest
(as he calls it), the other twofourths
being owned by strangers, and that in
his opinion it would be to the interest
of the wards 10 sell these lands; and he
therefore prayed for an order of sale.
He did not ask that process be issued to
anybody, and none was issued. The
decree of sale was entered, as prayed,
on that day, November l6; and the sale
took place, in pursuance of the decree,
on credit of four months. The land
was purchased by L. A. Fitzpatrick for
$2400.00, and bond or obligation was
given for the payment of the purchase
money; but instead os b. ing filed with
the clerk, so that execution might issue
upon it on default in its payment, it
was kept in possession of Beal, and the
bill which is the subject matter Of this
appeal was filed by him to enforce the
lien on the land for the purchase money.
He was met by. the allegation, in The
The clarion., 1885-02-04
The Flag of the Fourth Mississippi.
New ORLEANS, Jan. p. 1885.

New ORLEANS, Jan, p, 1885.
EDITOR CLARION: | received a letter
some time since through the Hon. Jno.
Fitzpatrick, Commissioner of Public
Works, of this city, from Colonel John
q. Healev. New Haven, Conn, formerly
of the 9th Connecticut Regiment, L. ).
V, in which he states, that he has in
his possession flag, that formerly be
longed to the 4th Mississippi Regiment
and that the surviving members of the
9Th Connecticut, were anxious to return
II to its original owners; the flag was
evidently presented TO some company in
the 4th Mississippi, as it is marked,
presented by the ladies of Pass Chris
tian." | met Col Hooker, OF your State
some time since, and asked him To be
pleased to look into the matter and en-
deavor to place Col, Healey in commu-
nication with some of the officers (if
alivel of the old 4th. Inasmuch as the
surviving members of the 9th Connecti-
cut have taken great interest in this
matter, and will visit this city during
February they intending to bring the
flag with them-I trust YOU will give
this publicity, through the columns of
your journal, so that it may reach the
eyes of some of the old veterans of the
4th Mississippi, who will, by addressing
the undersigned be at once placed in
communication with Col. Healy so that
proper steps may be taken, looking
towards the reception of this sacred
relic
The 26th of February has been an
nounced by the Connecticut Represen-
tatives to the Worlds Exposition now
in this city--as the day in which the
flag will be presented-that being fixed
as Connecticut Day"
Very respectfully,
JNo. J. FITZPATRICK,
Formerly Sd V. P. Ben. Asso. La. Div,
A n. V.
The clarion., 1885-02-04

In connection with the foregoing, we
copy the following from the proceedings
of the Connecticut House of Represen-
tatives, January D:
Mr. Pigott introduced a resolution
requesting the quartermaster general to
deliver battle flag to John G Healy,
ct al, of New Haven. Referred to com
mittee on Military Affairs The flag in
question is that of the Fourth Missis-
sippi regiment of the Confederate forces
taken by Col. Healy's command, the
Ninth Connecticut volunteers, in the
late war at Pass Christian, Miss, in
1862 Col. Healy, Lawrence O'Brien,
and Terence Sheriden, were recently
appointed a committee by the Ninth
Veteran association to procure this flag,
which, Mr.. PigGtt explained, had only
been loaned To- the State, and return it
to the association OF the Fourth Missis-
sippi some time during the present New
Orleans Exposition, as mark of the
fraternal feeling between the two asso-
Citations.
The clarion., 1885-02-04
JOHN ARMIsTEAD,

J. II. BERNARD, Trustee, etc.
From the Circuit Court of Tate county,
A. T. Roane. Judge.
Repleuin against purchaser Of property
seized under attachment, Code ! 2633 con-
strued.
COOPER, J.:
In the spring of 1888, billiard Arm
stead and Lundee sued out an attach
ment in the Circuit Court of Tate county
against Ward & Co, and levied on two
mules, ,..among other things These
mules had been conveyed by dead of
trust to secure debt due Still & Still.
Bernard was the trustee. On the levy
of the attachment, Ward, the owner of
the property, executed a forthcoming
bond with Still & Still as sureties In
November, 1888, in the U. S. Circuit
Court. to which the cause had been re-
moved, judgment was rendered for the
plaintiffs in attachment, condemning
the attached property for sale; and Ward,
in discharge of his bond, surrendered
the mules to the marshal In the mean
time, the deed of trust had become for
feited, and the trustee was entitled to
possession. The marshal was in posses
sion of the mules, and refused to give
them up, or to sell them subject to the
deed of trust. Thereupon Bernard APP
peared at the marshal's sale and gave
notice of his claim. The mules were
purchased by Armstead, the appellant,
and Bernard instituted this action of
replevin ag inst him to recover posses
sion of them. Armstead contends that
the jury should have been instructed to
find for the defendant, under Code
2 2633,-that as the officer is protected
against replevin, he, as purchaser from
the officer, is protected also.
2633 has no application to contro-
versy between private individuals, even
though the defendant claims as purchas
er at a sale made by an officer under an
execution or attachment. While the
property remains in the hands of the
officer, the claim must be interposed in
the manner prescribed by the statute,
but failure to so present and prosecute
the claim does not operate as waiver
of title, which may be asserted against
any party in whose possession the prop
erty may thereafter be found. Affirmed
/ Stands & johnson for appellant.
Oglesby & Taylor for appellee.
The clarion., 1885-02-04
The CLARION.
APOLOGETIC.

After portion of this issue had been
printed, our Hoe press broke down, so
that we cannot print the paper this
week in its usual form. We have, there
fore to ask the indulgence of our read
ers for this aDd perhaps one or two more
issues. A new and improved press has
been shipped from NewYork.
The clarion., 1885-02-04
Another Good Word for MI. Nash.
COLUMBUS, Miss, Jar

COLUMBUS, Miss, Jan. S0th, 1855.
EDITOR CLARION: l have just read
communication from Claiborne County"
IN relation to w. \. Nash, Esq, OF Stark
vile, Miss. / wish 10 add tnat | have
known him we'll from almost his infancy
and heartily endorse every word written
IN his behalf. | wish further to sdd that
he was a good boy at school. and after the
war he returned home penniless, and by
his own exeruons raised money To finish
his education, at the same time assisting
his relatives TO get more education and
make = start in life.
Yours truly, W. C.B
The clarion., 1885-02-04
BANK OF MOBILE.

i sHoMINGo SAVINGS INSTITUTION.
From the Chancery Court of Chickasaw
county, I'd Dist. Baxter Mcfarland,
Chancellor.
Mortgage an form Of absolute conveyance.
Effect Of ,tnreeorded dgeasanoe upon re-
corded deed.
COOPER, j.:
]. r. Mcintosh, for the purpose of
securing loan from the Tishomingo
Savings Institution, appellee, conveyed
to it, by deeds absolute in form, house
and lot in Okolona and other property,
and took a written defeasance. The
deed was recorded, but the defeasance
was not The Bank of Mobile, appel
liant, afterwards obtained a judgment
against Mcintosh. and levied on some
of the property. Appellee then filed it's
bill against Mcintosh and appellant, for
the foreclosure of its mortgage under
the deed and defeasance. Appellant
answered, making it's answer cross
bill, and alleging that the conveyances
from Mcintosh to appellee are per sc
fraudulent and void, etc.
As far as we are advised, Pennsylva-
MIA is the only State in which 1T has
been decided that separate unrecorded
defeasance will nullify the record Of an
absolute conveyance, so that the land
may be subjected to the claims of credi-
tors of the grantor who holds the defeas-
ance We decline to adopt this view.
1t is opposed to the overruling weight
of authority, and is, in our opinion,
clearly wrong.
We also decline to follow those decis-
ions which declare that mortgage in
the form of an absolute conveyance is
conclusively fraudulent. |. is merely
a circumstance to be considered in de-
termining the question of fraud.
An examination of the facts of the
case now before us has satisfied US that
there was no fraud or fraudulent intent
in the dealings between Mcintosh and
appellee. A1irnled.
Harper & Baskin, for appellant.
Whitfield, Young & Stanley, for ap
pellee.
w. E. MoRING
The clarion., 1885-02-04
DECISIONS OF SUPREME COURT
REPORTED FOR THE CLARION BY c. C.
CAMPBELL.

MONDAY, February 2, 1885.
The following cases were Affirmed.
472S-W. NJ. Hardin v. State of Mississip-
pi.
4734-Alfred Fields v. State of Mississip-
pi.
4737-Goodbar Il Co, v. Lille West, ct al.
4747-Mobile Il Ohio r. R. Co. v. A. Da-
Wis.
4748-Farmer's Loan il Trust Co v. A. Da-
Wis.
4755-Miss. & Tenn. R. R. Co. Y. Mrs. p
f. Caldwell.
4758-Geo. p. Werner v Mary V. Werner.
4761-James K. Rainey V. ]. F Jones.
4766-Bank of Mobile v. Tishomingo Saw
ings Institution.
The following cases were Reyersed and
remdnded:
4641-Miss. & Tenn. R. r. Co. v. NJ. Z.
Grayson.
4723-W. E. Moring v. Henderson Able.
475O-Leinkauf d Strauss v. j. f. Brinker.
4762-J. H. p. Westbrook V. DeSoto coun-
ty.