davidaulloa/AmericanStories huggingface dataset:
The record-union., 1898-08-10
w. P. COLEMAN.
Real Estate Salesroom, 325 j


p. BOIL. Manager
ESTATE OF EDWARD MALONE, De
ceased. Notice is hereby given by the
undersigned, the executrix OF the last viii
and testament Of Edward Malone de-
ceased, to the creditors Of, and all per-
sons having claims against the said de-
ceased, to exhibit them with the nee
esSary vouchers. within four months
after the first publication Of this notice.
to the said executrix at the law offices of
James B. Devine and Chas. i. Hughes
No. 420 street, in the city Of Sacra-
mento the same being the place Tor tae
transaction of the business of the sald
estate in the county of Sacramento, state
of California. SARAH MALONE.
Executriix of the estate of Edward Ma
lone, deceased. -
Dated at Sacramento City, CAL July Is,
1898.
James B. Devine and Charles i. Hugnes,
Attorneys for Eyecutrix. 1yl9-ol-1u u
The record-union., 1898-08-10
PAINFUL ACCIDENT.
Mrs. Schuler's Collar Bone Broken
by a Buggy Accident.

Yesterday afternoon Mrs. l.. Faure,
her two little children and her friend
Mrs. Schuler met with a serious acci-
dent The party started from this city
to drive to Mr.. Faure's ranch at Florfn,
and when near that village met boy
riding a horse and carrying crowbar.
The horse driven by Mrs. Faure took
fright at the boy and the crowbar, and
ran away, overturning the buggy,
which was demolished, and throwing
the occupants to the ground.
While Mrs. Faure and the children
escaped unhurt, Mrs. Schuler, who
landed on her shoulder, had her collar
bone broken. She was brought home
for treatment.
The record-union., 1898-08-10
AT OAK PARK.
The Silver Club Indorses Men for
County Offices.

The Silver Club Of Oak Park did a
little politics last night. The members
got together and discussed the issues
Of the day-real and imaginary-and
considerable enthusiasm was mani
tested.
The club unanimously indorsed Nor
ris Brooke for Assemblyman from the
Twenty District and Erskine
Greer for County Treasurer. State
Committeeman H. w. Woods made a
short address. The club also declared
in favor of fusion.
Next week, patterning after the Re
publicans, the club will hold a love
feast and a so-called high jinks."
The record-union., 1898-08-10
TO Il EFT.

S35-Seven rooms, completely furnished
on southeast corner of Seventh and n
streets.
S11-A fiat Of rooms, bath. hot and cold
water, on west side Of Eighteenth E
and @ streets.
s4O-Fine residence of rooms: modern
improvements; nice lawn and shrub
berry; very pretty place.
S14-New cottage, built last year,
rooms, bath, patent closet; choicest
dwelling in city for the money. 1927 Z,
street
sl5-No. 1112 f street, cottage of rooms
with modern improvements.
s30-Brick store building with frame addi-
ton, northwest corner Seventeenth and
streets; 1t is splendid location for
butcher shop in conjunction with q
grocery store.
The record-union., 1898-08-10
Hotel Arrivals.

Arrivals at the Golden Eagle Hotel
yesterday: II. s. Martin, Marysville;
f. c. Brown and wife, New York; Har-
vey P. Miller, St. Louis; ]. III. Payne,
Chicago; r. II. Beamer, Woodland; J.
H. Enquist, Miss A. L. Andrews, J. B.
Freed, w w. Hutchinson, Andrew r.
Jackson, A. Lachman, G. A. Thurston,
T. E. Atkinson and wife, t. G. Lyaug,
c. H Hunter j. M. Crenin, San Fran
The record-union., 1898-08-10
IL. A., No. 425-Department One-Filed
August 1887

IL. A., No. 425-Department One-Filed
August ?, 1889
Espen Simonson and Bengtta Simon
son, respondents; John Burr, Sheriff,
and George H. Emery, appellants. In
junction to restrain sale under execu-
ton. Affirmed.
The statute in reference to home
steads (Secs. 123S-1263, c. CD is a
remedial measure, and as such is to be
literally construed Where the several
acts required have been substantially
performed and where the declaration
contains the essence of the statutory
requirements, the construction should
be so liberal as to advance the object
Of the Constitution and statute. The
fact that the wife joins the husband
in making declaration of homestead
upon community property does not af-
feet it's validity.
The statement that 1--WE do now. a,
the time of making this declaration
actually reside on the land and prem
ises hereinafter described" and thai
I'VE do hereby claim the same as q
homestead are statements that each
of the declarants is actually residing
on the premises and claims the same
as homestead The singular number
includes the plural, and the plural the
singular.
A homestead once created under the
provisions of the Civil Code is not
abandoned by the claimants ceasing tt
reside on the premises. 1t can only be
abandoned in the way pointed out ir
Sections 1243 and 1914. c. c.
The homestead is not invalid because
made during the progress Of litigation
The record-union., 1898-08-10
Fell From a Car.

Last night a lady named Pickett, in
arising from her seat on a street car,
lost her balance and fell, striking her
head on the pavement. She was taken
to the City Hotel. where City Physi-
clan Nichols attended her. He found a
very ugly scalp wound, but it was not
thought she was seriously injured.
The record-union., 1898-08-10
---------------11r- 11r-----------------------------
Justices Court Notes.

In the City Justices Court yesterday
the case of Manuel Azevedo, boy
charged with throwing rocks at railroad
trainmen as cars We're passing, was
continued until this morning.
The preliminary examination Of Jeff
D. Mays, charged with assaulting A. W.
Smith with a deadly weapon, was set
for this morning
The record-union., 1898-08-10

A well on the Sobotis road, near
Lewiston, Me-, is stocked with shin
ers, and these the family sells to fish
ermen for bait. When purchaser
calls, a pail is lowered, and brought up
filed with the glittering little fish.
The record-union., 1898-08-10

Nathan Willis, a colored man. Of
Conway, S. c., was recently executed
there for the murder Of a boy. He
expected that his wife would be pres
ent at the execution, but he learned
that she had married another man soon
after he was sentenced
The record-union., 1898-08-10
Women and Girls.

Women and girls wanted at once to
work on fruit. Sacramento Packing
and Drying Company, G street, be-
tween Sixth and Seventh
The record-union., 1898-08-10
SUPREME COURT DECISIONS.
SYLLABI.
(Sac. No. 219-In Bank-Filed August

S4LLAB1.
(Sac. No. 219-In Bank-Filed August
2, 1889
Bagley, respondent Cohen ct al, ap-
pellants. Action upon guaranty Of con-
tract Affirmed.
The defendants subscribed the follow
ing guaranty, written beneath the con-
tract, to pay: I'VE do hereby guarantee
the payment of the foregoing note IN
accordance with the conditions there
Of" Held that the contract of the de-
PENDANTS being part Of the same
transaction with the original contract,
the two instruments made but a single
contract on their part. Their guaranty
that the contractor would perform his
contract was an original undertaking
by them and their liability as guaran-
tors was commensurate with that or
the contractor. Their promise that he
would perform his contract, ''in accord
ance with the conditions thereof" made
them absolutely liable for his failure
to perform it when he should be SO liza
BILE.
Where by the sale and conveyance of
his business the contractor voluntarily
prevents himself from fulfilling his
contract according to its terms, by put
ting it out of his power to make any
profits in the business, his liability be-
comes thereupon fixed and absolute.
If the complaint states a cause Of ac-
ton, there is manifest propriety in
requiring defendant who has suffered
default by reason Of his neglect to
make it appear to the court that he
has some defense to the plaintiff S
claim, As condition upon which he
shall be relieved from his neglect.
The record-union., 1898-08-10
Il. A., No. 423-Department One-Filed
. 1909

q. A, No. 423-Department One-Filed
August ?, 1899
Annette Thaxter appellant; Wheeler
NJ Inglis ct al, respondents. Action
concerning boundary between adjoin-
ing tracts of lands. Affirmed
Where coterminous owners agree as
to a division line between them, in
which they acquiesce, and under which
they occupy for a period equal to that
fixed by the statute of limitation, the
line thus established is binding upon
them, and those holding under them
or either of them, without reference
to the existence Of any dispute as to
the true line.
The record-union., 1898-08-10

One way to celebrate the return of
peace is to try THE Maine cigar,
cents. A. Coolot, distributor
The record-union., 1898-08-10
Fruit SHIPMENTS.

Nineteen cars of fruit were sent East
yesterday Peaches 514, plums 3ai,
pears z, grapes 3. Thirty-nine cars
were sent out the same date last year.
For a cool. sharp glass of steam or
lager. FL Dorado. S26 J.
The record-union., 1898-08-10

which subsequently results in an or
binary money judgment against the
homesteader, or because made at any
time before the entry and docketing of
such judgment The law authorizes a
debtor to erect barrier around the
home, over which the Sheriff, although
armed with final process under such
judgment, cannot pass. The doctrine
bearing upon conveyances made to
hinder delay or defraud creditors has
no application to the creation of a
homestead. See also Beaton VS.. Reid.
Ill CAL. 4S4.
Il. A., No. 492-Department One-Filed
August 2, 1S9S.)
S. c. Dodge, appellant; p. s. Kimple,
respondent Appeal from order denying
new trial dismissed and Judgment af-
firmed.
An undertaking referring only to the
appeal from the Judgment will not op-
crate to sustain the appeal from the
order denying a new trial.
In all cases 1t is necessary not only
to allege the contract, agreement or
other facts out of which the obligation
to pay money arose, but the breach Of
such obligation, which is that the de-
fendant has not paid, must also be
alleged.
The record-union., 1898-08-10

Save money by buying your tea and
coffee Of ]. McMorry. 5S1 M.
The record-union., 1898-08-10

MRS. WINSLOW'S SOOTHING SYRUP
has been used for over fifty years by mill
ions of mothers for their children while
teething with perfect success. 1t soothes
cures wind collie. regulates the bowels. and
is the best remedy for diarrhea, whether
arising from teething or other causes. For
world. Be sure and ask for Mrs Wins
lows Soothing Syrup. Twenty-Five cents
bottle. MWF
The record-union., 1898-08-10
ADJUSTMENTS.

Try McMorry's Blend Coffee. 35c.
The record-union., 1898-08-10
A Patriot Smoke

Try McMorrys 45c tea. 531 NJ.
The record-union., 1898-08-10
| q. A, No. 732-In Bank-Filed August
2 1881

(I4. A, No. 732-In Bank-Filed August
2, 1889
Shirley c. Ward, respondent; Vicente
Yorba, appellant Action to reform a
contract Of sale and purchase Of land.
Affirmed.
When through fraud, mistake or acci-
dent, written contract fails to express
the real intention of the parties such
intention is to be regarded and the err
roneous part of the writing disregard
ed. Sec 1910, c. c.
Where party acts in the face of full
information then in his own control and
that of his attorney, he cannot avoid
the contract by pleading misrepresen-
tation.
The record-union., 1898-08-10
(Sac. No. 351-In Bank-Filed August
1881

1889
Catherine Clarke ct al, exors appel
lants: G. M. Cobb, defendant; E. G.
Langenour ct al. intervenors and re-
spondents. Contract. Reversed, Har-
rison. j., dissenting.
Held, that that portion Of Section 707,
G. c. p, providing, THE purchaser,
from the time Of the sale until a re-
demHtion, and a redemptiOner, from the
time Of his redemption until another re-
demption, is entitled to receive, from
the tenant in possession, the rents of
the property sold, or the value of the
use and occupation thereof is to be
construed thus: Where the rent is an
annual rent, the purchaser at the fore
closure sale is entitled to an amount
of rent in proportion as the time inter-
vening between his purchase and the
expiration of the year term bears to
one year, providing the six months term
of redemption has not expired in the
meantime. He does not get the whole
rent for the year. The contention that
rent payable by the year is indivisible
is unsound
When it Is established that certain
contract is a lease, and that the rela-
ton Of landlord and tenant exists be-
tween the parties, there must be some
appropriate words in the contract to
indicate that the crops raised on the
lands are to be held in cotenancy or
such Will not be the conclusion reached.
If there is nothing in the language to
indicate that intention, then the pro-
ducts to be delivered to the landlord,
after harvest, by the tenant will be
deemed the property of the tenant until
that time, and treated as rent to be
then paid.
The owner has the right to retain and
harvest the crops, grown and ripened,
pending the time Of redemption.
IL. A., No. 4O2-Department One-Filed
August ?, 1889
+. /. Mayberry, respondent; J. Z.
COOK and I. E. Langley, co-partners,
appellants Recovery of balance of ac-
counting. Affirmed.
While a stated account is an agree
ment between the parties thereto that
all the items therein are true. this
agreement may be implied from cir
cumstances, as where merchants reside
in different places and one sends an
account to the other, who makes no
objection to it within a reasona BILE
time.
Section % Of the Insolvent Act Of
1881 provides that no debt created by
debtor while acting in a fiduciary
character shall be discharged under
that Act, but the debt may be proved
Hereunder. One who receives goods
consigned to him on commission to be
sold, and the proceeds, less commits
sion, to be transmitted to the con-
signor, if he sells the goods and fails
to transmit the money, creates a debt
in fiduciary capacity.
The record-union., 1898-08-10
SPECIAL NOTICES.

BAKER & HAMILTON. wholesale hard
ware, bicycles, carts, buggies carriages,
phaetons. Balm farm and header wagons.
Send for catalogue
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-10
"FJTZ" WILLING TO FIGHT RYAN.

Syracuse y Y. Dec. o-"Tommy" Ryan has
heard from Bob Fitzsimmons regarding the pro-
posed twenty -round contest between them at I54
hounds Weighing IN at the ringside. repre-
sentative Of Ryan saw Fitzsmmons in New-York
this afternoon. and Fitzsmmons sent the following
dispatch 10 Syracuse:
will fight RYAN before the club offering the
largest purse. but bar Tom q Rourkes llenox
club ! will also want Ryan 10 make side bet
OF $4,000.
Ryan said tonight that he has taken Ftzsim
mems up the strength OF the first proposition
ne made namely to fight at 154 pounds
II think Fitzsmmons Is unfair 10 ask me ~
make side bet OF $4,000, said Ryan. lie mas
some advantages over me. but | waive them. and
am sincere when ] say that will sign articles 10
meet him at the middle weight limit. will agree
meet him before the club that hangs up tho
largest purse. think tho side bet proposition is
made for purpose Of crawling out Of tho Itch.
If the side bet part OF the programme II waived
the match be made inside Of twenty four
hours
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-10
AN TLTTMATIU FROM CORNELL.
SHE WILL NOT ROW TWO RACES NEXT YEAR on
DIFFERENT COURSES

SHE WILL NOT ROW TWO RACES NEXT YEAR on
DIFFERENT COURSES.
Ithaca ~ Y. Dec. 9-Although Cornel's Ath-
etic Council has as vet made no official announce
ment relative TO the intercollegiate rowing negotia-
tons there are strong evidences that the Ithacans
have taken a stand and adopted policy for the
coming year The problem which is confronting the
Cornell crews has been thoroughly considered, and
It is probable that Cornell Will not two races
under the same conditions as those of this year
This decision was greatly Influenced by the opin-
ions Of Courtney and members OF the crew who
were not at all satisfied with the result OF this
years arrangements. go
There are reasons for believing that Cornelrs
ultmatum is in the hands OF Yale and tiar-
ward. and nothing further can be done AT Ithaca
until answers received from those universities
The outcome o. negotiations will depend on the
positions taken by Yale and Harvard. 1t is not
expected that those competitors VIII insist on the
New London course for triangular race next
June should such q contest he arranged with Cor
nell II is thought therefore that II two races
must he rowed by Cornell, one with Harvard and
Yale and the second with Pennsylvania. Columbia
and Wisconsin. the two can he arranged TO he
rowed on the same course.
II is Corne's desire to have one regatta. as has
always been her policy. However. II Is likely that
Mr. Courtney and the members ~ the crow Will
cssary
The choice Of a course Is also matter for future
consideration. II would seem that the Poughkeep
sic course would he tho most convenient for all the
crews as far location Is concerned, and Cornell
will probably declare in favor OF II.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-10
SPORTS AND
SPORTSMEN.
PROGRAMME or SPORTS TODAY.

GOLF-Membcrs' Handicap Crescent Am
,otic T-luh. connection for the w. n Fowler
Gun Dvker Mendow Golf Club; annual cham
pionship Raltusro Golf Club. Short Hliis
\ J.. Members Handicap. Marine and fleId
club -.
RILLIARDS.--Amateu tournament Oh
Knickerbocker Athletic Club.
CYCiINC.-Six-d day race, Madison square
Garden.
BASKET RALL.-Eastern District iouhe
Mems Christian Association against Mercer
County Whee,men Trenton. n j.
TlNG-Crescelt Athletic CUB bay
Ridge: Brooklyn Gun Club. Union, course
%ew-Utrech. Rod and Gun club. W"od'a"h'
South Side Gun Club. Newark. y j.; For
ester Gun Club Newark. y. j.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-10
OFFICIALS AND RIDERS SUSPENDED

Baltimore Dec e-Aihert Mott. chairman q. the
J.. 4 ". Racing Boa.d. has issued She following
bulletin.
The following sse 'l.c4 OF all L A W tracks in
every capacity for on'cn i'm at unsanc,ioned races
at Madison Square Cibrden New York nonas
Roe. j. NJ. Gentle J. ~. Valentine. {. H. Weeks
Peter Prouty - J Harvey A. y. Reeves Frederick
Eildebrandt nd ". &. MulV"y. New York. Charles
IIolley. James rra .'sn David Rra,ton and J Frank
BOrlan1 Broo..Nr.
:alo a. Entsvman and O Hedstrcm. Brooklyn:
r. \ Miller Z + Goodman. J T. Williams and T
Packe York Eli Winsett. J. W. Chapman
and Robert Welthour. Atlanta. Ga: j. 4 Kreamer,
Chicago MAJ Butler. Boston J.. X. Lefferso2; As
Wash. and De WITT Menkin Saratoga y. 7. are
each hnea $50 ana uspendeq nn'" me Is pa'd Tor
Eddie McDufhee. Boston and Eiouard Taylore ar"
fined 500 and suspended until fine ia patio for
peting IN unsanctioned races.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-10
KENTUCKY PURSES INCREASED.

Lexington. Ky. Dee (speciaDThe Board OF
Directors Of the Kentucky Trotting HorseRrce
ers' Association has selected October 10 II in
elusive the dates for the fan meeting here in
1872 The officers OF the association. having In
creased the value OF the Pennsylvania to so 900 and
that OF the Kentucky Futurity TO $4,000. are ex-
pectns a fine meeting. The rainy weather spoiled
the last meeting and the associn ton lost money
Already more than Ave hundred breeders have made
second payments to the Futurty Indicating that
tho entries will be larger than ever before The
winner OF the threeyearod division will get SO 900
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-10
GOLF.
FURTHER PLANS IN REGARD TO THE
FOX HILL. LINKS-TO- DAYS CONTESTS.

FURTHER PLANS IN REGARD TO THE
FOX HILL LINKs-TO- DAYS CONTESTS.
The committee having In charge the new links OF
the Staten Island Cricket Club. a. Foxs Hills. has
about completed arrangements for the work. 4
notice was posted in the clubhouse in Livingston
last evening. signed by the Committee-J. Maxwell
Car-ere. Eugene l.. Richards and A. w Morris
stating that George w Vanderbilt from whom the
Fox Hill property is leased had consented to allow
the use OF a handsome two-story frame building "a
clubhouse. This building will be moved about
three thousand yards and placed one OF the
higher knobs overlooking the new course The
approach will be through Nanderbilt-ave. and
around small lake. which occupies portion Of
the ground at the foot Of the knoll
piazza sixteen feet wide will ne butt around the
entire building On the main floor 10 he the
women sreceptoh-r oomS and mems lounSing and din
ing rooms. while the second story Will be given over
hopes to have eigh' an extension viii be built
for baths ana locker-rooms. ana there will he an,
S his dg%ns iG NE ria 'f the Of
the Westbrook COLI Club. and Thomas Bcndeiow
have been engaged 10 submit reports as TO the way
in which the links should Nc constructed. and prom
nent amateurs will also be asked TO al! with their
IS that the" shall contemplate course not less
than 5000 yards in length Nire holes are to be
The club has membership roll OF 900 and is now
considering me nd'iSaniiy o. ad'ns sO
year. but IL summer subscribers are permitted TINS
will he sonewha; reduced. The lease OF the presen I
property is for three years. with the privilege or
renewal at the end OF that period.
The most important matches III golf to-day in
clude the pos poned final round for the Consolation
Cup. at Lakewood. between James A. Tying. Of the
Morris County Col; Club ana Malcolm Graham, r..
Of the Harbor Hill Golf Club, OF Staten Island. and
the open handicap az the Ocean County Hunt and
Country Club This latter contest IL TO be at thirty
six holes with a handicap limit of fifty strokes.
The Dyker Meadow golfers will continue their tour
namont for the William X. Fowler Cup. the Harbor
Hill players will hold members sweepstakes
handicap and the Island Golf CLUB Of Garden City
will hold the postponed November tournament The
Dyker Meadow contest will be followed In the even
ing by the annual meeting Of the club at the OK
ford Club In Brooklyn There will also be Informal
play at the Crescent Athletic. Ardsley. Marine and
Field staten Island Cricket and Baltusrol clubs.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-10
HEAVY GALES on THE PACIFIC COAST.

THE STORM W1DEsFREAD-wIND REACHES A
VELOCITY OF NINETY SIX MILES An HOUR
San Francisco. Dec "a heavy storm ragged all
over the Pacific Coast last night and to-day was
one of the recorded by the
Weather Bureau. II extended from the northern
border down Texas and from the Pacific as far
east as Nebraska. IN this city the wind alta ned
a velocity CT forty-fve miles hour. but At Point
Reye right In the teeth Of the gale the wind swept
along al ninety-siy miles hour Considering
the great velocity Of the wind the damage done TO
shipping slight
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-10
STEAMER ASHORE NEAR LABCiy.

London. Dee s-Cable adyices have been received
that the British steamer ALBANIA, captain smith
from Barry October %. Via Port said Novemoe'
\ FOR Port Arthur is ashore near l.abuan, 81 L. "
and belonging 10 the British possessions SIX mlies
from Horned. The vessel Is submerged foT"Aiu
and her stern Is afoaL
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-10
vABER'S BOUT WITH DUNKHORST

Philadelphia Dec. 3-Peter Maher bested Ed
Dunkhorst in a onc-sided six-round 40 at the
Arena tonight Peter did most Of the landing. and
IN the second round sent tho Syracusan 10 the
boards twice. In the hfth round hard left on the
law sent him down asain. but the bell sounded
before the ten seconds were up Maher vent at
his man In the sixth In hrrrican fashion and land
% almost at will but Dunkhorst managed TO last
OIL the end.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-10
DELAY CAUSED BIZ SNOW IN TEXAS.

DELAY CAUSED BIZ SNOW IN TEXAS.
Dallas Tex. Dec. s-There four inches Of
snow the ground. and the storm here Is the
worst experienced in many years. Telegraph lines
to the south interrupted by sle"t and all trains
are from ivc 10 six hours late. The delay Is much
worse ia the Pan Handle
Further north and UP IN the Pan Handle the snow
Is much deeper than at Dallas In this city cleo
trict street traffic is entirely suspended ana bust
ness is at a standstl.