The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1894-03-30

TO the Editor Of the Banner
/ see In your issue of March 23rd.
1894, under the heado of "Court Notes.
you say: "When due Mr.. II. was no.
tilted. He refused payment and went
so far as to write letter declaring be-
fore he would pay it he would transfer
all Of his property to- evade the pay
ment Of same. Then it was that Mr..
Mcintyre attached Hr. Hickson's prop
erty."
Was that all Mr.. Hickson had to
say? and why did not the Banner tell
1t when he was telling the above. /
was asked and told why made such
an unusual statement. / said it was a,
blind but desperate effort to get relief
somehow from a swindle. The editor
Of the Banner could not hear this last
statement, but allows the first state
ment to go unqualified as a piece of
cussedness on my rart. Oh, no. 1t
win not do to do anything to protect
yourself from swindle and clear
case af gross Misrepresentation even
when you know the courts will not
protect you and give you any relief
from same.
Ny attorney candidly told me the
law, policy, rules and practice of the
court stood in my way of getting re-
lief from swindle and misrepresenta-
tIons and want of consideration of a
contract, and that had not chance
except to show that Mr.. Mcintyre was
not the proper owner. had been
reared in the South Carolina courts,
where the law, policy, rules and prac-
ties carried conscience and equity in
them, and could hardly bring my
self to believe that the opinion Of my
learned attorney was correct; but it
proved too true.
A principle of honesty was buried in
the decision and laws of South Caro-
lima courts which made sound price
guarantee sound article. That is to
say, compelled the parties to a trade to
give the worth of your money, and if
either party misrepresented they were
held liable for it, and this could be set
up as a defense and was held to be
sound defense that the courts took cog
nizanco of, and when in the case of
note or other negotiable paper, it had
fallen in the hands Of one who was,
what is called an innocent purchaser,
and he knew of the circumstances be-
fore purchasing, this defense was good
even against him, and this was just
the situation in this suit, but it could
not avail simply because the courts OF
Florida do not recognize such as de-
tense against such claims. 1t does not
recognize this defense even between
the original parties.
say away with such laws, rules and
practices and let us have some honesty
and conscience in our Jurisprudence,
and hereby arraign our lawyers for
such rules and practices. If they
wanted it any better they would use
their eloquence, ability and learning
" UutDCNOCL COuSCACnCN 0AO Ci0leS INV
the decisions and practice of our
courts.
And now, Mr.. Editor, am sorry to
confess and reluctant to say it, but un
der my observation of the courts in
my attendance last week could but
notice that the court was run in the
interest Of capital and to the ignoring
of the rights Of the debtor class. In
fact they have no rights but to pay up
no matter what or how good their de-
Tense.
Please give these lines a place in
your excellent paper simply to show
that had some good and honest rea-
sons to say what you say said. l
know it would not be good policy for
you to put anything in your paper
favorable to this debtor.
Respectfully yours,
VIM. HIcKsoN.