davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1897-12-15

release or writing Of redemption was given
by him. About sixteen years afterward
he was informed by II. that a tax deed
had been made to him, and upon the re-
be an act Of justice to the real owner.
he made a qult-claim deed to H., telling
him at the same time that he had no in
terest In the land Held, that X. had no
title or interest TO convey, and that II.
All the Justices concurrng.
A true copy.
Attest: JNO. MARTIN,
lSeaLl Clerk Supreme Court.
The Advocate and news., 1897-12-15
No. 1OS57.

The Marysvllle Investment Company
vs.
Wilhelm Hole, ct al
Error from Court OF Appeals, Northern
Department, Central Division,
REVERSED.
Syllabus by the Court. Allen, j.
/. The townsite OF Palmetto was entered
by the Probate Judge of Marshall county
for the benefit of the occupants thereof,
under the act Of Congress of May 23, 1874.
He thereafter conveyed the property TO IA.
and eleven other parties named as mem
bers Of the Palmetto Town Company, which
was a corporation. M. and several OF
plaintiff which brought this suit to re-
cover certain lots occupied by the de-
PENDANTS. The defendants claimed by vir-
tue of adverse possession under void
tax deed for period of about ten years:
Held: First-That the deed from the
Probate Judge to M. and the others con-
Veyed valid title as against the defend
ants.
Second-That uncertainty as to the re-
spective rights of the Palmetto Town
Company and the persons named In the
deed from the Probate Judge, neither en-
larged or diminished the rights OF the de-
fendants under their tax title.
ThIrd-That mere failure to assert his
title for long period of time will not
cstOp the owner from maintaining an ae-
ton against one claiming under void
tax deed, whose possession has never
rfpened into a title by prescription, and Is
not protected by any statute Of limita-
tionS.
Fourth-One who claims under tax
title Is chargeable with notice of the exist
ence Of the original patent title az an nd-
verse claim, and 1t is important under
the facts In case like this whether he
Is rightly or wrongly informed as 20 who
the holder Of that title may be-
Fifth--EstOppel by conduct arises only
where the person claiming the estoppes
is influenced In some degree by the con-
duct set up as constituting the estOppel,
and the failure OF the owner Of town lots
to pay the taxes on them does not operate
by way of estoppel to strengthen or valt-
date void tax deed
All the Justices concurring.
Attest: JNO. MARTIN,
Seal Clerk Supreme Court.
The Advocate and news., 1897-12-15
No. lOSSi.

The First National Bank of Topeka
VS.. t
David II. Heflebower as State Treasurer.
Original Proceeding in Mandamus.
JUDGMENT FOR DEFENDANT
Syllabus. BY the Court. Allen,
The State Treasurer will not be con
PEELED by mandamus to register and pay
orders drawn upon the permanent school
fund by the State School Fund Commits
sioners to pay for bonds purchased by
them, where It appears that the price
agreed to be paid Is more than the ac-
tual market price thereof at the time OF
the purchase, even though the excess
above the market price be so small that
the purchase cannot be declared an Inn
provident one.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The Advocate and news., 1897-12-15
No. 10243.
Charles Eaton Keith
vs.
William Eaton, ct al
Error from Johnson County.
AFFIRMED.
cvIIobus nv the Court DOster C. I
Syllabus.

Syllabus BY the Court. Doster, G. j.
l. The Interpretation of a foreign will
as to the meaning of words used in it Is to
be ascertained by the law of the testa-
tors domicile, unless the circumstances
surrounding the testatOr or the language
Of the nstrument as whole requires a
different Interpretation, or unless an in
depreciation by the law of the testator's
domicile will contravene the law of the
State in which it is offered for record
and probate.
2. The statutes of Missouri disables an
illegitimate child from inheriting from the
father, except under conditions Of inter-
marriage by the parents and recognition
OF the child by the father, but the statute
Of this State invests an illegitimate
with the quality of inheritance from the
father, If the child has been recognized
by him as his: Held, that where a will
executed in Missouri, by a person domi-
ciled there, devises a life estate in lands
in that and three other States, including
Kansas, to the testator's son, with re-
mainder "to the heirs of his. the sons,
body" the testator will be presumed to
have used the words heirs of his body
III accordance with the laws of his DOM
icile, and hence that an illegitimate child
of his son, born after the testator's death
though duly recognized by the father in
compliance with the laws of this State
is not entitled under the will to take the
The Advocate and news., 1897-12-15
No. 1O941.

No. 1O941.
In the Matter of the Petition of Frank
Palmeter for the Writ of Habeas
Corpus.
ORIGINAL PROCEEDING IN HABEAS
CORPUS.
Petitioner discharged.
Syllabus. BY the Court Johnston, j.
/. The power of a Police Judge to inn
prison for contempt cannot rest on a
mere implication or inference, but must
be clearly expressed in the statute.
2. The general welfare clause, which au-
thOrizes a City Council to enact such
ordinances as may be deemed eXpedent
for maintaining the peace, good govern
ment and welfare Of the city and It's trade
and commerce, does not authorize the
City Council to confer power upon the
Police Judge to adjudge a person guilty
OF contempt and to imprison him therefor.
All the Justices ccncurring.
Attest: p' JNO. MARTIN,
[Seall C@erk Supreme Court.
No. 1O93l
The State Of Kansas
A. d. Hubbard.
Error from Shawnee County.
REVERSED.
Syllabus BY the Court. Johnston ].
Receivers are not agents within the
% thA wRAW M
and are not subject to prosecution under
the latter part of that section, which pro-
vides in effect that II any agent shall
neglect or refuse to deliver to his en-
Dloyer on demand money or property
which comes into his possession by virtue
of such employment, office or trust after
deducting lawful fees or charges, unless
the same has been lost by means beyond
Initted him to use the same, shall upon
conviction be punished as for embezzle-
ment.
Doster, c. j., concurring.
Allen, j., cOncurring specially.
Johnston, j., dissenting
A true copy
Attest: JNO, MARTIN,
[Seal1 Clerk Supreme Court
No. 1876
f. g. Hentig
VS..
Fl. Pipher, ct AL
Error from the Court Of Appeals, North
ern Department.
AFFIRMED.
Syllabus BY the Court, Johnston j.
/ person who holds possession of real
estate under a claim of ownership Is en-
titled to recover the same as against one
who has no right or title to the same
q Where leasehold interest in land is
sold at judicial sale the purchaser ac-
quires no greater right than the tenant
held, and, like the tenant, he will not
be permitted to dispute the title of the
landlord under whom he holds.
3. X purchased land at a tax sale and
deed thereto was issued to him without
his knowledge. A few months afterward
he accenfnn the full amnunt of hia claim
The Advocate and news., 1897-12-15
No. 1928.

The Atchison Topeka e. Santa Fe Rail
road Company
VS..
NJ. III. Osburn.
Error from Harper County.
REVERSED.
Syllabus. BY the Court. Johnston, j.
!. In showing the quantity and value of
wheat alleged to have been destroyed by
fire, witness should be confined to his
individual knowledge and judgment, and
not permitted to give the estimate or con-
clusOn Of another who also made an eX-
animation as to quantity and value.
2. When 1t Is claimed that n certain en-
gine, in charge of particular engineer, was
defective and was so negligently man
aged as to unnecessarily throw out fire,
from which damage resulted, testimony
of the condition of another engine or OF
the careless conduct of other engineers
Is ordinarily not admissible
g. The declarations of the section fore
man and depot agent of the railroad COM
pany, made after the fire occurred, In re-
gard to the condition and management
Of the engine, and which had no connec-
ton with the business committed to them,
are mere hearsay.
All the Justices concurring
Attest: JNO. MARTIN,
Seall Clerk Supreme Court.
The Advocate and news., 1897-12-15
No. 1O32l.
Jessie Davis
VS..
George o. Threlkeld, ct al.
Error from Wyandotte County.
hUTTTDAYUNTN

Error from Wyandotte County.
AFFIRMED
Syllabus. BY the Court. Doster, c. j.
/. The running of the statute of limita-
tions in favor Of persons in adverse pos
session OF land, Is not suspended by the
death of the opposing claimant and the
descent of his cause of action for the re-
covery Of the land to his minor heirs
2. A general verdict of a jury in favor
of a person claiming land by adverse pos
session, made in disregard of an erro-
neous instruction as to the time when
the statute of limitations began to run,
does not constitute reversible error upon
the theory that such instruction, though
erroneous, is the law Of the case to the
Jury, where all the facts in regard to
possession and other matters material to
the rights Of the parties were either ad-
mitted, proved by uncontradicted dOcu-
mentary evidence, or were specially found
by the jury and where judgment cannot
he entered according to the right of the
case upon the fact so admitted proved
or found, without prejudice from the err
roneOus instruction.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
tSeall Clerk Supreme Court.
The Advocate and news., 1897-12-15
No. 1O22S.
j. w. Reinhart, ct al, as receivers OF the
A., r. 4 S. +. r. r. Co.,
VS..
Rachel V. Sutton.
Error from Lyon County,
AFFIRMED.
Syllabus.

Syllabus. BY the Court. Doster, G. j,
|. Under sections two and three of the
act OF Congress of August IL, 1888, amend
atory of the Federal Judiciary act, re-
celvers over property appointed by the
United States courts are required to man
age or operate the trust property accord
ing to the laws OF the State in which II
is situated, and they may be sued in re-
spect to its management or operation in
the courts of such State, without the pre-
vious leave of the court appointing them;
and In such cases a judgment rendered
i'm the State court Is conclusive upon the
Federal court as to the existence and
the amount Of the plaintiffs claim; but
the time and manner OF its payment are
to be controlled by the court under whose
orders the receiver acts.
2. A railway company has no right to
dig a ditch on its right OF way for the
drainage of surface water so near to the
line of street in a town as to encroach
upon the street by the erosion of the soil
OF it's banks, and II 1t does so the owner
of lots abutting upon the opposite side
Of the street, who keeps hotel upon them,
and whose use of them for such purpose
is materially interfered with by the Wild
ening OF the ditch into the street, may
maintain an action for the abatement Of
the ditch as a private nuisance, and for
damages caused by It,
All the Justices COncurring.
A true copy.
Attest JNO. MARTIN,
[Seal.l Clerk Supreme Court.
The Advocate and news., 1897-12-15

lands in this State along with the legiti-
mate lineal descendants of the son.
All the Justices concurring.
Attest. JNO. MARTIN,
[SeaLl Clerk Supreme Court.
The Advocate and news., 1897-12-15
No. iO32O.

No 1920
John schrimpcher, ct al,
VS..
John s. Stockton. ct al.
Error from the Court Of Common Pleas
of WyandOtte County.
AFFIRMED.
Syllabus. BY the Court. Allen ~.
After restrictions on the alienation OF
lands patented TO incompetent WyandQttes
Indians were removed by the treaty OF
1851. title thereto might be gained by oc-
cupancy under claim of ownershop; ana
where the defendants were In the actuaA
Continued on page l6)
The Advocate and news., 1897-12-15

- ~ J'iANo' " '''
Error from Tinney County.
REVERSED.
Syllabus. BY the Court Johnston, j.
/. A judgment by default based upon
personal service Of summons on one or the
defendants is as conclusive against such
defendant upon every matter admitted by
the default as any other kind OF Judgment.
2. Such a judgment having been duly
rendered and entered of record, and the
term at which II was rendered having
passed, can only be vacated or set aside
at the times and in the manner provided
by law
g. So long as the Judgment stands the
defendant has no right to file answers
raising issues finally determined by the
Judgment, and the court has no power to
retry them.
All the Justices cOncurring.
Attest: JNO. MARTIN,
Seal Clerk Supreme Court.
No. 9G54
Joel -. Mayes, as principal Chief Of the
Cherokee Nation, ETC..
VS..
The Cherokee Strip Live Stock Associa-
tion, ct al.
Error from Sumner County
AFFIRMED.
Syllabus. BY the Court. Johnston, j.
A lease of lands in the Cherokee Outlet
was made by the Cherokee Nation 70 the
defendants in violation of section ZIG or
the Revised Statutes OF the United states:
Possession was taken under the lease, and
the defendants failing to pay part OF the
stipulated rent, an action was brought
i'm behalf of the Cherokee Nation To re-
cover the same: Held, that as the lease
was prohibited by law and Illegal, no ac-
ton can be maintained thereon.
DOster, G. j., cOncurring.
Allen, j., dissenting.
A true copy. ,
Attest: JNO. MARTIN,
ISeall Clerk Supreme Court.
No. 1896
The State Of Kansas, ex rel,
r. G.. Barton, as County Clerk of Gray
county, Kansas, ct al
Error from Gray County.
REVERSED.
Syllabus. BY the Court. Johnston, J.
l. In q mandamuS proceeding to con-
test "A county seat election brought after
the. election ia held and the result declared,
every matter affecting the validity OF the
election including the sufiiciency Of the
petitiOn on which the election was or
dered, may be investigated and determined.
e Electors OF the county who partici-
pated in the election are not estopped
from instituting the statutory contest ques-
toning the validity of the election.
All the Justices cOncurring.
A true copy. .
.HN(l. MARIlN.
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1897-01-28

We trusted the Populists i'm
plicitly without pledges as they
had trusted US.
"We are at the parting of the
ways. The Populist party must
determine whether the,' will keep
their honor, or sacrifice it at the
behest of any man.
It will be remembered that in
the campaign Of two years ago.
so close were Butler and Grant
together, the ARGUS sly led them
damon" Butler and ''Pythias"
Grant.
The old adage when thieves
fall out honest men get their
dues" comes in with force here
Grant and Butler have fallen out,
and now Grant is telling all about
it. He shows the truth of what
THE ARGUS urged at the time,
ana has not ceased to maintain
that there was no principle in
luSlOH duO w pdtFIOtiSm III Du6-
Ter. The plum Butler was after
was Ransom's seat; the plum
Pritchard was after was Vance's
seat. They got them. The plum
Grant wanted and still thirsts
for is Sergeant AT Arms of the
U. S Senate.
And this is fusion-and "Jefs
fersonian Democracy" And the
real Democracy, that rescued
North Carolina from the rotten
rascality, pillage and riot Of the
carpet bag rule of '68, redeemed
her credit, repleted her robbed
treasury, built and opened
school houses for both races,
built asylums Cor both races and
established peace and prosperity
throughout all her borders
this Democracy is "a generation
of thieves. So says Maj. Grant.
Shall our people calmly submit
to this contumely?
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1897-01-28

BY many doctors Women are often
treated specially for sick headaches, dys-
pepsia, melancholy, or what is supposed
to be liver or kidney affection or heart
disease, when in reality the whole trouble
is with the reproductive organs. This
delicate and intricate organism and the
rational treatment for its peculiar all
nlents is life study for the wisest pllysi-
clan. Probably no practitioner living
has higher repute in this special direc-
ton, than DR. R. Y. Pierce, Chief Con
sulting Physician of the Inva1ids' Hotel
and Surgical Institute, of Buffalo, r. Y
His q Favorite Prescription, is the mos,
perfect remedy ever known for all e fe
male complaints" It gets at the source
of the trouble from the inside: 1t is not
merely temporary, external, local, boil
stering-up or palliative. It is a cA,e. II
directly tones and strengthens the in
and regularity, and completely baflishes
the continual weakness, drag and drain
which wear out body and mind. Its
sale exceeds the combined sales of al
other medicines for women.
In every American household, there should be
copy of DR.. Pierce's great work, " Common
Sense Medical Adviser" 1908 pages: Illustrated
rent stamps to pay for mailing only. Worlds
Dispeusary Msslcai Association, Buffalo. N. Y.
which provides penalty of fine
of not over $50 or Imprisonment
for not over thirty days for will
full interruption or disturbance OF
any political meeting lawfully as
sembled.
DR.. Schulken moved to table
lost.
Mr.. Mckenzie, Democrat, said
he thanked God he belonged to a
party which within thirty years
had never used gag law and
thought the purpose ofthe bill
was to muzzle the Democrats.
Mr.. Sutton, of New Hanover,
said in Columbus he was threat
ened and attempts made to pres
vent his speaking and that be
had stood in the face of pistols
and eggs laughter for the cause
of fusion.
Mr.. Ransom offered an amend
ment M aking it a misdemeanor for
a political speaker to use Vulgar
or profane language while speak
ing.
Mr.. Schulkan said that With
this amendment he favored the
bill.
The amendment was adopted
Mr.. Cooke, Of Warren. eoffereG
an amen lment that the bill
should apply to all public speak~
ers and stage actors-adopted.
The bill and amendment were
referred to the Judiciary com
mittee.
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1897-01-28
SUPERIOR COURT.

julie and William Bivins, who
provoked a personal encounter
with Mr.. Swift Pate, at his store
in Greenleaf some weeks ago, were
sentenced to three months in the
county Jail with privilege to hire
out by the County Commissioners.
The defendants in the Langston
"white cap'' case were sentenced
to one month solitary confinement
in the county Jail with privilege to
be hired out five months by the
commissioners
The first sentence was three
months solitary confinement, but
through the eloquent pleading for
the mercy of thee court by Dr..
Meysberg, the sentence was re-
duced to one month.
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1897-01-28
WE SEEK
THE TRADE

Of all customers who believe in
buying where the dollars go farthest.
SHOES. SHOES-25 cents to SO. 90.
good mans shoe 81; a good woman's
shoe ST. Warranted solid leather.
25 kinds of Tobacco 15c and up; the
best 25c tobacco in town, Snuff 3Oc to
40c.
DRY GOODS and NOTIONS-Cal-
leo SC, Ginghams &c. Outing SC. Home
spun 4c and up, Pants Cloth 10c and
up, socks 5c,stockings sc, shirts zoe and
up, wire buckle suspenders 10c, Pants
80 cents per pair and up, a good pair
of mems Pants, 81, warranted not to
rip. Hats and Caps 25c and up. A mans
fine hat 81. Trunks and VaIises Cheap.
Groceries.
Sugar &c, Coffee 121 and up. Vinegar sc
Cakes 10c lb, Crackers 10, Candy 1Oc
lb, 1900 Matches SC. Pepper. Spice,
Syrup, Molasses, Meat, Meal and Flour
at Lowest Market Prices.
CROCKERY. CROCKERY.
Cups and Saucers 25c set Plates 25c.
set. Tinware, GIassw are, Tubs, Buck
cts and many other things too numer-
Gus to mention. The winning motto,
sell cheap and sell for Cash.
F. e. Edn1undsOf1.
THE HUSTLER
Successor to Ell Edmupdson & Bro.
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1897-01-28
Oh, How They Hurt.

Neuralgia pains are often so acute,
that the poor sufferer becomes, almost,
frenzied with the intensity of the pain.
SalvationsOi will instantly relieve and
effectually cure neuralgia, SO there
is no reason why a moments pain
should be endured. Mr.. Jacob Klein,
1886 Main ST., Evansville, Ind, writes:
s.My wife suffered from neuralgia for
seven years and since she used Saliva
ton Oil, she has not had o spell. /
think il is the beat 1iniment have ever
tried, and I would not be without q
bottle of it in the house. I had the
rheumatism for five years and had tried
q great many 1iniments, and must say
that Salvation Oil did me more good
than any other remedy Salvation
Oil Is sold everywhere for IS cents.
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1897-01-28

minds OF the auditors than can be
accomplished thu ough weeks of
study.
Mrs. H. E. Monroe, the dis
tinguished lecturer, who is the
originator of the production and
under whose mana cement it is
presented, delivers a most inter
esting discourse upon Luther, his
life and deeds.
1t is Of the most pleasing ma
ture, clear-cut and concise, and
embellished with number of an
ecdotes, historically founded,
which add greatly to it's attrac-
tiveness.
Mrs. Monroe's lecture is illus
trated with S5 superb stereopticon
views, which afford charming illus
trations of objects of art, pictures
of renown and situations of inter
est. Mrs. Munroe has travelled
extensively where these views can
alone be taken.
The lecture and views are
given an added interest by the al
legory which acts like rich frame
for the truths taken from the his
tory of Luther and his time. The
entertainment is opened and
closed with two beautiful triumph
al professions, in which the par
Elephants, with their richly-colored
costumes, present a picture of
grandeur difficult to describe. In
these professions, there marches
upon the stage a dazzling array of
young people decked in fancy
costumes, resplendent with spar
king finery, forming fantastic
figures. Besides, there will be
represented Luther's famous trial
at Worms, Erfurth Monk and
choir men, nuns and novices, etc
There will be about $50 par
Elephants, who are representatives
from the various churches of the
town, and who will wear Sixteenth
Century costumes. Mrs. Monroe
connects the representations by
lecture and views, at intervals.
The arrangement of the story af-
fords much action, lightened at in
tervals by humor, which heightens
the effect of the narrative.
A feature of the production will
be the choral numbers, solos,
quartets, etc., which fit in har-
moniously with the story.
1t has been presented in Boston,
New York City, Philadelphia,
Baltimore, Washington, Brooklyn,
Pittsburg, Chicago, and scores of
other cities, with marvellous sue
cess. 1t has been repeatedly en-
dorsed by the best clergy of this
country. Columns of favorable
criticism have been placed upon il
by the leading press. 1t is alway
attended by 1:sge crowds. A yeal
ago, WHeA pIeSeHted HI DaitlIHOre
the most fashionable theatre OF
/ the city was crowded three nights
and people were turned away. In
Philadelphia one rendition was
witnessed by $500 people.
This is the same entertain.
ment which created such a stil
Il Raleigh and Wilmington las
year.
Reserved seats will be SOC
General admission 35c. Gallery
25c. Reserved seats will be on
sale at Miller's Drug Store OF
and after Friday Jan. 29th,
a. m.
Three details of the N. G.. S
| G. wilr act as Guards of Homo,
i insLuther trial. The rehear
sails are now in progress. Th,
affair promises to be very popu
| lar.
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1897-01-28
N. c.. THURSDAY JANUARY %, 1897
"a GENERATION OF THIEVES"

That is What Maj III L. Grant,
of This City Calls, the DemOc-
racy of North Carolina, Stand
ing i'm the Senate Chamber of
the States Capitol and Speak
ing to Pritchard's NOmina
tiOn