davidaulloa/AmericanStories huggingface dataset:
The record-union., 1898-12-22
SUPREME COURT DECISIONS.
SYLLABI.


(Sac., No. 3S2-Department One-Filed
December 1G. 1889
A. c. Stonesifer ct al, appellants;
Paris Kilburn ct al, respondents. Quiet
title. Affirmed
An agreement to convey land at so
much per acre vests the equitable title
to the granting named in the agree
ment in the purchaser. When by mu-
tual mistake the deeds executed in pur-
suance of the agreement do not include
all the land intended to be conveyed,
court of equity will reform the deeds
so as to include the land intended.
Then, as a court of equity would re-
form the deeds, so as to give effect to
the contract according to the intention
of the parties by correcting the mis-
take, there is nothing in the policy of
the law to prevent the parties from do
ing equity among themselves by agree
ing to correct the mistake.
Where a party has an equity and
also actual possession of the property,
a purchaser of the legal title is bound
to take notice. The law permits an
equity to exist but does not require or
permit 1t to be recorded; and when the
party holding the equity does all the
law will permit him to do, his equity
will be protected, and all who purchase
of grantor out of possession must take
notice.
See Ryan VS.. RamereZ. 9 Cal, 467.
Also, Peasley VS.. Hart, 3 w. C. Rep,
623.
The record-union., 1898-12-22
EVENTS ON THE TURF.
RESULTS OF COAST AND EAST
ERN RACES.
First Tenor Captures the Crocker
Stake at the 1ngleside Track
Other Winners.

SAN FRANCISCO, Dec. 21.-Results
of to-day's races at Ingleside:
Five furlongs, Jingle Jingle (Jones),
s to l, won; Silver Beaux (PiggotD,
IL to 3, second; Earl Islington (Stimp-
SOM, 10 to 1, third. Time-1:Nl4.
Jerry Hunt, The Fretter, Winifred,
Felicite, Nora Ives and Merry Heart
also ran.
Six furlongs, Lady Brittanic Devin),
5 to 2, won; Prince Tyrant Gray, 13 to
5, second, Robert Bonner, (Brown), 3
to L, third. Time-1:17. Highland Ball,
Cappy, Schnitz and The Flea also ran.
One mile, selling, four hurdles, Red
dington Ct. Murphy. Z to D, won; Dur
wad (Tanner), 30 to l. second; Major S.
(McAuliffe), to =, third. Time-1:54.
Tortoni, Viking, Ockturuck, Diabolita
and Rossmore also ran.
One mile, two-year- -olds, the Crocker
Stakes, valued $1,000, First Tenor
(Thorpe), 16 to ), won; Los Medanos
(SpenceD, to 1, second Survivor (H.
MARTINI, to l, third. Time-1 Az.
Casdale, Corine Sam McKeever, Head
water and Baby King also ran.
Six furlongs, selling, Credo CH. Mar
tin), to l, won; Henry c. (Spencer),
II to 1, second Sevoy 104 Jones), 4 to
l, third. Time-1:1SH.
Six furlongs, selling, Midlight Oh
MARTINI, to >, won; Cyril (Turner), 20
to l. second; Ricardo Jones), 60 to l,
third. Time-1:17. Lord Marmion,
Ed. Garland II. and Valencienna also
ran.
AT NEW ORLEANS
NEW ORLEANS, Dec. 21.-Weather
clear, track lumpy. Results:
One mile, Moroni won, Locust Bios
som second, Can / See third. Time
1:50.
Five furlongs, Dolly Weithoff won,
Pellmell II. second, Mrs. Jimmy third.
Time: :O6A.
One mile Blue Dan won, School Girl
second, Mamie Davis third. Time-1: 45.
Six furlongs, Hulter won, Henrica
second, Mamie Davis third. Time
1:2O
One mile, Our Chance won, Governor
Budd second, Voyager third. Time
LOO
The record-union., 1898-12-22
TAX COMMISSION.
Supreme Court Will Hear Argu-
ments on a Test Case To-Day.

SAN FRANCISCO, Dec. 21.-There
was an important conference to-day be-
tween Attorney General Fitzgerald,
State Controller E. p. Colgan, Deputy
Controller w. w. Douglas and Chief
Justice Beatty of the Supreme Court.
The matter under consideration was the
payment to forty-three counties OF
State commissions claimed to be due
them. These claims amount to about
a million and half dollars.
The object of the conference was to
get the subject before the Supreme
Court as soon as possible. 1t was de-
cided to take one county, Sutter being
selected, and petition for an original
writ of mandate to compel the Con-
troller to settle with the Treasurer of
the county.
The Supreme Court will meet to-mor-
row to hear the arguments.
The record-union., 1898-12-22
Suicide at Los Angeles.

LOS ANGELES, Dec. 21.-Arthur w.
Mutt, a resident of Chicago, who came
to Los Angeles on a pleasure visit, COM
mitted suicide this afternoon in small
station at the end of the Temple street
cable road, by shooting himself through
the head in deliberate manner. He
rode to the end of the line, and as soon
as the car started on the return trip he
sat down on bench in the State House,
pulled off one of his gloves and shot
himself through the right temple. He
was about 65 years old. The cause Of
the deed is not known.
The record-union., 1898-12-22

We're numerous changes, the most i'm
portant being as follows:
The section defining citizenship was
amended by striking out the word
white" and also the explicit refer
ence to Portuguese, and left 10 read as
follows:
That all persons who were citizens
Of the republic of Hawaii On August
p, 1898, are hereby declared to be citi-
zens Of the United States
The request Of one-fifth of the mem
bers of the Territorial House of Rep
resentatives is made sufficient TO de-
mand the ayes and noes, the original
requirement being one-third.
The record-union., 1898-12-22
GENERAL WESLEY MERRITT.
Former Commander of the Philip
pine Troops at Washington.

WASHINGTON, Dec. 21-General
Wesley Merritt has arrived at Wash
ington, and called at the War Depart
ment and the White House. He will
appear before the War Investigation
Commission, and inform them as to
the conditions attending the campaign
in the Philippines, a branch of the
campaign not exploited up to this
point.
General Merritt the first of the year
will take charge of the Department of
the East, relieving General Shafter.
Everyone seemed to know of General
Merritts presence as soon as he en-
tered the building, and his reception
wherever he went was a wild ovation,
though not quite so vOciferous as that
accorded to Admiral Schley on his re-
turn.
The record-union., 1898-12-22
PRINCE GEORGE OF GREECE.
The High Commissioner Of Crete
Welcomed at Canea

CANEA Osland of Crete), Dec. 2l.-
Prince George of Greece, the High
Commissioner of the Island, arrived at
Suda Bay to-day, escorted by the
British, French, Russian and Italian
flagshipS He was saluted by the
forts and was welcomed by immense
crowds of people on landing. AS soon
as the Prince was ashore procession
was formed and he came here The
route was lined by the international
troops. The Prince and his party
stopped before the church, where a te
deum was sung. He then proceeded
to the Government building, where
the Cretan flag was hoisted and salut-
ed by the WarShipS
The record-union., 1898-12-22
WHAT HAPPENED TO JONES.
Now in Jail on Suspicion of Steal
ing Some Saws.

Charles Z. Jones was yesterday ar
rested on suspicion of having stolen
number of saws belonging to City Trus-
tee J. III. Dolan. Jones admitted his
guilt and said he had sold the saws for
money with which to buy whisky and to
rlay the nickle-in- the-slot machines.
Jones is the man who about two
years ago ordered large orders of mer-
chandise from local firms, representing
himself to be chicken farmer living
near Folsom. He is thought to be
somewhat daft, though he seems to
have no trouble in appropriating to his
own use property belonging to other
people.
The record-union., 1898-12-22
SANTA FE COMPANY.
Completes Negotiations for Water
Front Property.

Santa Fe Railroad Company has COM
pleted negotiations for the purchase of
a water front property in this city
The price, 1887 ,75O. will be paid, and
the deeds recorded tomorrow. The
holdings to be transferred comprise
the block bounded by Harrison, Bry-
ant, Main, and Spear streets, and Of
Spear street facing the water front.
improvements will be commenced on
the property in about three months
1t is to be used for handling freight
that is to come in via the Valley road
The freight will be brought across the
bay from Point Richmond in cars
loaded on barges.
The record-union., 1898-12-22
BLISS SUCCESSOR.
Ehan A. Hitchcock of Missouri to
Be Secretary of the Interior.

WASHINGTON, Dec. 21.- The Presi-
dent to-day nominated Ethan A Hitch
cock of Missouri to be Secretary Of the
Interior; F. Johnson Of California to
be Register of the Land Office at
Marysville, Cal.
Mr. Hitchcock is at present Embas-
sador TO Russia. He was appointed
more than a year ago, and when the
rank was raised to an ambassador he
was reappointed Mr.. Hitchcock was
a lawyer and business man of st. Louis
and was for some time plate glass
manufacturer.
Senator Proctor, who was in st.
Petersburg during the past summer,
says he is very popular in the diplo-
matte corps.
HITCHCOCK CONFIRMED.
WASHINGTON, Dec. 21.-The SEN
ate to-day confirmed the nomination of
Ethan A Hitchcock of Missouri TO be
Secretary of the Interior.
The record-union., 1898-12-22
PERSONAL MENTION.

Mrs. Preston Davis Of Oak Park has
returned from four months visit to
friends in Indiana.
Miss Irene Segur has returned from
visit to San Francisco, accompanied by
her cousin, Miss Florence Ferral.
Miss May Green is home from the
State University for a brief vacation.
She is accompanied by Miss Grace
Wiltshier of San Bernardino.
A Minnesota party composed of H. o.
Seandrett, Mrs. Jane Seandrett, Miss
Seandrett, 3. w. Seandrett and F. NJ.
Rose, Jr., are at the Golden Eagle.
Clarence M. Willis, who has been
pursuing his studies at the Nevada
State University, Reno, arrived home
yesterday to spend the holidays with
his parents.
The record-union., 1898-12-22
COAST INTERESTS.
Bills introduced by Senator Per
kins and De Vries.

WASHINGTON, Dec. u. - Senator
Perkins has introduced a bill extend
ing to the Hawaiian Islands the immi-
grafton laws of the United States. Rep
resentative Barham introduced the
same measure in the House
Representative De Vries introduced a
bill to avail the United States of GER
tain properties and moneys in river and
harbor improvements in California and
to do specified work thereon by day
labor. This bill is simply to make avail
able any moneys appropriated by the
Legislature of California.
The record-union., 1898-12-22
Five Men Seriously Injured.

LA GRANDE (Or.), Dec. 21.-An ex-
plosion Of dynamite occurred four
miles west of Huron to-day, in which
five men were seriously injured, and
two of whom will die. The names of
the injured cannot be learned. Three
heavy blasts Of dynamite We're placed
in the rocky side of the canyon to be
eXcavated, and fired. Two exploded,
but the third was slow, and the men
thought the fuse had failed, and after
waiting q while returned to the hole
when the charge exploded with terrific
force. 'J
The record-union., 1898-12-22
Los Angeles Fruit Growers.

Los ANGELES, Dec. 21.-Forty fruit
growers assembled in the Chamber of
Commerce rooms to-day TO consider the
possibility of securing lower freight
rates on citrus fruits. Many towns
We're represented in the assemblage.
J. A. Graves stated the object of the
meeting, and presented petition to
The record-union., 1898-12-22
New Steamship Line.

SAN FRANCISCO, Dec. 21-The
Panama steamer San Juan arrived to-
day. The San Juan brought news that
the Pacific Steam Navigation Company
and the South American Steamship
Company have perfected their arrange
ments for the maintenance of line of
steamers between ports of South and
Central America and Europe. An effort
is being made to close a traffic agree
ment between the lines in question md
the Panama Railroad Company.
The record-union., 1898-12-22
THE NEW GOVERNOR.
It is Settled That He Will Occupy
the McCreary Residence.

Governor elect Henry T. Gage yes
terday visited the State Capitol build
ing and familiarized himself with the
location of the several State depart
ments.
Governor Gage has leased the Nc
Creary mansion at Tenth and L streets
and it is now being fitted up for the re-
ception of himself and family.
The record-union., 1898-12-22
Mrs. G. C. Wy1nan Dead.

SAN FRANCISCO, Dec 21.-Mrs. C.
c. Wyman, relict of the late Judge ].
E. Wyman, died at San Mateo to-day
She was pioneer and arrived in this
State in 1853. She settled, with her
husband, in Eureka, Humboldt County,
and there her family consisting of Her
bert c. Wyman and Mrs. George A.
knight, were born Deceased was
we'll known throughout the State.
The record-union., 1898-12-22
Down Quilts,
S. and Sc.

What a holiday gift! A large,
soft, fluffy down comfort, cover
ed both sides with fine French
sateen in pretty and unique pat
terms and soft blendings Of
popular colorings, medium and
light; they are well made and
such warm friends as these will
well best prove the friendship of
the giver.
The record-union., 1898-12-22
Rev. Stebbins Improving.

SAN FRANCISCO, Dec. 21.-The
physicians in attendance on Rev.
Horatio Stebbins announced this after
noon that there had been a marked i'm
provement noticeable in the condition OF
their patient, who yesterday suffered an
attack of heart failure, which at first
was feared by the doctors and family
would prove fatal.
The record-union., 1898-12-22
Josselyn Com mitted Suicide.

SAN FRANCISCO. Dec. 2.-Chemist
Morgan reported to the Coroner to-day
that as a result of his analysis he found
cyanide of potassium in the stomach
of Lockwood H. Josselyn, who was
found dead in the bathroom of his faith
ers residence on Sunday. The young
soldier, the cause of whose death was at
first mystery, evidently committed
suicide
The record-union., 1898-12-22
HAWAIIAN BILL.
The Senate Committee Completes
It's Revision of the Measure.

WASHINGTON. Dec 21-The Sem
ate Committee on Foreign Relations
to-day concluded its revision of the
bills providing a territorial government
for Hawaii. and Senator Cullom re-
ported the changes to the Senate There
The record-union., 1898-12-22
A Christmas Pointer.

As November brought peace, so De-
cember brings the festival of the
Prince of Peace-the festival which
more than any other makes the news
paper a necessity in the social econo-
my. An immense volume of business
will be compressed within the next
three weeks. But it's movement, though
impetuous, will be systematic, for it
will be guided by the potent forces of
ublicity.-Philadelphia Record
The record-union., 1898-12-22
Matt Brannan Dead.

CARSON (Nev.) Dec. 21.-Matt Bran
nan, local pugilist, who was shot a
few days ago in the tenderloin by
James Moss. died this morning. A
Coroner's Jury is now inquiring as to
the cause of the shooting.
The record-union., 1898-12-22
Joe Was Seemingly Cross.

Joe Cross was arrested by Officer
Higgins yesterday for an alleged dis
turbance of the peace in Chinatown.
The Chinaman who complained, asserts
that Cross broke one of his windows
without provocation or authority.
The record-union., 1898-12-22
Opera
Glasses
Reduced.

Lemaire's manufacture, which
are known as the best; they are
splendid gift articles, and we
show a variety of styles and
prices. Pearl tubes and leather
neat case, and every pair per-
feet. Priced from $2.75, $3.50,
$3.50, SIS, Sc and up.
The record-union., 1898-12-22
James G. Fair Estate.

SAN FRANCISCO, Dec. 21.-The
fourth annual account of the executors
of the estate of the late James G. Fair
was filed to-day. 1t covers the period
from May Il, 1898, inclusive. The re-
ceipts. including cash on hand, We're
$554, $50, disbursements $455,675, leav-
ing a balance on hand of sos, S,964.
The record-union., 1898-12-22

the railroads setting forth the needs for
lower rates on citrus fruits which was
adopted. A committee of three were
appointed to circulate the petition and
present it to the railroads.
The record-union., 1898-12-22
Large Order for Blasting Powder.

SANTA CRUZ, Dec. 21.-A local pow
der company has just received con-
tract calling for 65,O0O kegs of blasting
powder. which will be used in the con-
struction of a railroad in Oregon. This
is the largest single order for blasting
powder ever given in this country.
The record-union., 1898-12-22
Justifiablv INDIGNANT.

The Policeman-A plain drunk, yer
honor
The Prisoner-Plain! Plain! Shure,
yer amer, has a chimpanzee like that
the right to insult a lady New York
Journal.
The record-union., 1898-12-22

The shovel fish is so called because
it uses its nose to turn over the mud
at the bottom of the sea in quest of
the worms and small shellfish on which
it feeds.
The record-union., 1898-12-22
The Shortest Day.

Yesterday was the shortest day Of the
season, but it will be several weeks be-
fore anyone will be able to detect any
difference in the length of the days.
The record-union., 1898-12-22
Is. F., No. 13S2-Departmen One
Filed December 16, 1889


Alice S. Poulson respondent; James
Stanley, administrator, ETC., appellant.
Quiet title. Affirmed
Under Section 1879, c. C. p, all per-
sons are competent as witnesses except
those enumerated in Sections 1880 and
1881, and before a person can be held
incompetent or his testimony excluded
it must appear that he, or the matter
upon which he is to be examined. is
within the provisions of the exceptions.
The exception in subdivision 3 of Sec
ton 1880 requires not only that the
witness be a party to the action and
that the action be against the admin
istrator of decedent, but it must also
appear that the action is upon a claim
or demand against the estate of the
decedent, and that the testimony sought
from the witness is as to a matter of
fact occurring before the death of the
decedent
The exception referred to does not
apply in an action for the foreclosure
of a. mechanics lien. Held. also. that
there is no difference in principle be-
tween an action to establish lien upon
property belonging TO the estate and an
action to declare that the estate has no
interest in the property. The exception,
therefore, does not apply in an action
against an estate to quiet title.
The delivery of deed is not a COM
munication. within the meaning of SUBJ
division 1, Section 1881, C. C. P.
The record-union., 1898-12-22
Warm
Wooden
Waists,
Sl.95.

These waists are made of all
wool tricot, in colOrs red.
brown, black and navy, the lat
est style, all neatly braided with
black soutache braid, in attrac-
tive style; all sizes, 32 to 40.
Price, $1.95.
The record-union., 1898-12-22
Fur Neck
SCarfS, ST. Is.

Black electric seal neck scarfs,
glossy and warm, finished at
ends with head and tail. Furs
are in high favor this season
and make elegant gifts.
The record-union., 1898-12-22
Sac, No. 361-Department Two-Filed
December 16. 1887

John Tuohey, appellant; J. N. Woods
and E. w. S. Woods, co-partners. re-
spondents. Promissory note. Affirmed.
When a surety has shown that the
contract as to which he became surety
has been changed, he has then shown
that there has been an attempt TO make
him liable upon a new and different
contract; and the burden is then upon
the other party to show that the sure
ty has consented to the new contract.
The record-union., 1898-12-22

The President issued his Thanksgiv-
ing proclamation early enough so lis
mind will be easy If he concludes to
call an extra session of Congress.
The record-union., 1898-12-22
DUNNINC RELEASED
FROM CUSTODY.
The Objectionable Question Which
He Refused to Answer
Withdrawn by Attorneys for Defense in the
Botkin Case.

The Case for the Prosecution Closes
With the Testimony Of Writing
Experts, Who Assert That the
Anonymous Letters, the Ad-
dress on the Candy Box and the
Note Accompanying It Were in
the Handwriting Of Mrs. Bot
kin.
The record-union., 1898-12-22

There are 5000 temperance societies
in London.
The record-union., 1898-12-22
Housekeeping
Linens.

Beautiful bleached damask
pure linen sets, large cloth with
napkins to match; all with
fringed edges, handsome floral
designs, with distinct and rich
border of delicate pink, blue OF
yellow; useful and acceptable
gifts for the housewife, at $3.50
the set.
The record-union., 1898-12-22

What acceptable than pair of Kid Gloves,
two par Something lady always in need of
and cannot aiss by purchasing them gifts you do
not know the color you boy neat card glove order
for any price, and a many pair as you desire.
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1898-04-05

ScadItet Die bis Sum 4. Suli giilti9en
Nreiie iilr feline pbotosrapbiiebe 4rbeiten.
lluierc ciutn Cabinet Qortroits 500 bro Suseno;
bier fir $lOO. Sieiel5en in Wantcao=G3rDBc 81. 30
pro SEBeno; it1s iir $100 lluere fcuen 6u=
binet Wsj5otints. pier fir Sli0 3polf fiir $3.0O
Sieielben in Wautelo= GrObe, 5p0lf fir 800 llu=
iere bcitcn Arbeitcu. 6erner zines uuierer gro6eu
Wc33otnts iitr Ijc.
Sahradb & Srueer,
Qbotograpbcn
SiiooitzGde Gutaip= unD 2eriuotOn=Strab
(27-S q)
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1898-04-05
i6re @ermittelurg sipiI6sn Spanien
unO ben W}G9ten anbisten t0nnen.
Gpmmenture Der 80 q D r i

tire 3ermittelur9 3ipii6su Spunien
unD ben W}d3ten anbisten t0nnen.
Gpmmerture Der 80 uoriz
oer 9reiie.
N}u0rio, 4. 2lpril. - Der gemGs
blot rspu6lifanii6e 81 2iberol"
meint, Die pGpItIi6e 9srmittelung lei
nur in Gem Sole ucteptabel, ipenn lie
ni6t sinen 8prpano fir 2lmertta bill
De, einen meErmonatli6en 2lufI9ub 81
erbalten, pGbreno Dehen Die Der.
Stuaten i6re &rieg5rii itIngen beenolz
gen f0nnen, nm oann Den &f ge=
Qen Spanien uuF unO duBerbdlb @uz
bd'5 uuf3uneEmen. SeOenfdus iollte
Spdnien nit 2lnnabme Der pdpitli6en
@ermittelunQ5 : Sfferte parten, biz
Der GongreB ourduf geantportet fdz
ben pirO, mas iiferliA geIdab2n
ner0e.
y2i6tral" benertt fernsr, e5 oiirFe
ni9t iiberIe6en peroen, odB bic 2(nz
na6me Der pGpItli6en @crmittelung
5piI6en Spaniern unO Gubdnern Oo5
ItiGI&peiganos 3ugeitGnOniB beOeute,
pdB Die 2lmeritaner Dds Re6t batten,
Ii6 i'm SyntereTe oe5 5rjeoens in Die
IpuniI6 cu6anfIde 5rage ein5umi=
I6en." Die Gegierung lperDe 9enOz
t6iot iein, 5u ertlGren, 9ermittelung
6eOeute ni6t bic @epdbrung bon GOnz
3siIionen DurA framOen GinfIuB, Die
Spanitn BEN Ser. Staaten otrett gu
MAIDEN Iib neigerte, benn Spanien'S
iouperGne Re6te biirfen ni6t pom
9apit a66Gn9en, mod Oarf Die Snie@
lSUrticBuna licbc ;. Scitcl
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1898-04-05
GiHr8 jaagen WtanHes GrfaBruaG

Srooftpn, b,n A. Cfto6cr 1897.
so meroc SbueH bier meiHt Spmpteme ttbrtis
ben. sd bin p Sabre alt niece $50 Yiuub bin
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ffeubcr S6!Cm, 4unftt uuo un0ere Gri6tinuuqeH
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