davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-12
COURT DECISIONS.
Notes Of Cases Recently Decided,
Which are Of Interest to
q Our People.
DIGESTED BY W. B. MARTIN.
lExclusiyely for -Pilot)
KENT v. KENT.


Supreme Court of Appeals of Virginia,
September l, 1899.
PARoL UNDERTAKINGS AND ACTS
OF PARTIES RELIED ON TO DO
AWAY WITH A WRITTEN AGREE
MENT MUST BE CLEARLY PROV
ED.
THE FINDING OF A COMMISSION
ER ON CONFLICTING EVIDENCE
AND APPROVED BY THE TRIAL
COURT WILL NOT BE REVERSED
UNLESS CLEARLY ERRONEOUS.
This was suit In equity for the set
Element of IN administrator account.
It appeared in evidence that the two
distributes had In writing agreed to a.
statement of his account made in 1871
and to be bound thereby. In this suit
one of the distributes claimed TINT this
written agreement had been annulctl
by mutual consent, which the other, who
was the administrator, denied. The
lower court decided in favor of the nd
ministrator and tho other party ap-
pealed.
The court says:
The evidence relied on to show that
the appellant and appellee had agreed
to annul or modify the agreement OF
1874 is conflicting and unsatisfactory
and is plainly insufficient. Parol un-
dertaklngS and acts OF parties relied on
TO do away with a written agreement
must be clearly ana satisfactorily prov
ed, especially after a great lapse OF
time.
The next assignment of error is that
the court erred in treating the farm
profits rs embraced In the hotchpot
statement OF 1874. The evidence upon
this point is conflicting. Upon this evil
dence the commissioner was cr opinion
n mr. it-
the hotchpot statement. His finding
was approved by the Circuit Court The
conclusion reached by the commissioner
and the trial court seems to be in ac-
c6rdance with the weight of evidence
Mt least we cannot say that 1t was
clearly erroneous. without which this
court VIII not reverse the finding OF n
commissioner upon conflicting evldenc.
where 1t has been approved by the trial
court. Affirmed
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-12
Nature makes the cures

Nature makes the cures
after ALL.
Now and then she gets
into a tight place and needs
helping out.
Things get started in the
wrong direction.
Something is needed to
check disease and start the
system in the right direction
toward health.
SCOTS Emulsion Of Cod
liver Oil with hypophos-
sphites can do just this.
L strengthens the nerves,
feeds famislled tissues. and
makes rich blood.
sco' q Is e FL s,iss's,i New ye:s
ElI.- * .a - 3
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-12
AnImpor,au, Meeting no nav.

a meeting OF the lady managers OF
The Norfolk Protestant Hospital will
De held at II o'clock to-day. Business
OF importance will be transacted, and
! full attendance is earnes tlyrequcsted.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-12

We do the best tailoring in town-but there must be lots
OF men who don't know we make to order.
What constitutes the best tailoring Cutters who fiji.
talors who work up the garments into perfect shape
biggest variety Of the choicest imported and domestic Wooens
in patterns you won't find anywhere
bill that's only rghnether high priced low priced
but what worth is worth.
That's us
Every order is personal commission with usges our
closest attention.
The Jersey City news., 1899-12-18
GATOR AVENUE TROUBLES.
The Residents Will Take Their
Gr;svances to thc S. &. w. Board

The residents of that portion of Gator
avenue, between the Boulevard and Gar
field avenues. are preparing a petition to
the Street and Water Board requesting
its improvement. The street is severed.
but not paved. In the past few years
numerous dwellings and several factories
have been erected, with a consequent in
crease in traffic.
In summer the residents find the dust
Objectionable, and in winter the drivers
of teams experience difficulty in deliver
ing goods owing to the mud. A number
of residents also ascribe the failure of the
eastman to make his usual rounds to
the bad condition of the street.
Gator avenue is the main residential
section of Greenville, which is an extra
inducement advanced for its speedy inn
provement. On the block between Ocean
and Garfield avenues there are no side
walks. an Inconvenience keenly realized
in stormy weather. The sidewalks on
that portion between the Boulevard and
ocean avenue are like a series of minia-
ture reservoirs, retaining the rain water
until ,the sun gets in its work of evap-
Grafton.
The Jersey City news., 1899-12-18
SECOND SMALL AND EARLY
Phillips Hall PrettiIy Decor
ated in Yellow for Satur-
days Dance.

Society has two big dances this week
with scarcely twenty -four hours interven-
ing. The first was at the debut Of Miss
Julia MCGEE on Friday evening, and the
other was the second of the series Of
Small and Early dances given at Phillips
Hall, Saturday night.
If the young people were tired from
their dancing Of the night before, or with
their Christmas shopping of that very
dav. they did not show It at the Small
and Early There were twenty dances
on the programme to be gone through be-
fore midnight. with but little intermissdon
for rest and refreshments, but there was
scarcely single guest who did not dance
every one of those twenty dances ana
then sigh for more. On this occasion the
number present was nearly double that OF
November rs, with a great many out OF
town guests.
The decorations were very pretty Tne5
consisted of yellow bunting and japanese
parasols. The bunting was draped round
pipes and over unseannly spots on tne
walls, while the little japanese parasois,
dotted the draperies at given Intervals
The little tables were covered with yellow
and ornamented with candelabra and par
asols. The chandeliers were globed with
huge paper sunfIowers and or1amented
with the parasols Comfortably cushioned
couches and cosy corners further en-
HANGED this supper room, for the dance
han looked very well as it was, and dec
orations there were deemed unnecessary
A buffet supper was served by Morrow &
Day.
Mrs. Oliver Hazard Perry, Mrs. John
The Jersey City news., 1899-12-18

TO CHARLES Z. CARPENTER. ANNA CAR
penfer his wife; Nettie Carpenter. Mary Z.
IsarIhoiotnew Robert NJ. Bartholomew, her
husband and Samuel AIer:-
You are hereby notified that at public saie
made by the City Collector OF Jersey city,
m the 25th day Of October, 1884, The Mayor
an9 Aldermen Of Jsrsey City purchased for the
sIln1 of two hundred and sixty-nine dollars and
:wenty-nine cents ALL the lana ana 1 real es. 3.
Tndson and State of New Jersey fronting on
Pock street, which is laid down and designat-
ed as lots 25 and &c, in block number 127, upon
A., ossess,nert map annexed to a report NUM-
her Se made by the Commissioners OF Ad-
justment'' appointed n and Tor s SAD as Gily by
certified copy OF which report and map was
filed in the office of the City Collector OF
said yenort and map and said sale being made
pursuant to the provisions OF an act of the
Legislature of New Jersey. passed March Soth,
"An Act concerning the settlement and
collection of arrearages of unpaid taxes,
assessments and water rates or water
rents in cities of this State, and fm-
nosin9 and Ievying a tax. assessment
ppud fen in lieu and instead of such
arrearages, and to enforce the payment
thereof. and t9 proves vice., doI xste .ne saie d o5
and the several supplements thereto.
Ard YOU are further notified that you
a,,1,aar To have an estate or interest in
appedla aaig land a. and real estate, and unless the
said land and real estate shall be re-
SSeefned. as provided in said acts, before
the expiration Of six months from and
affer the service hereof. deed for the
same will be given conveying to The
sa1lpS saavor and Aldermen of Jersey City, the
70 Zee simple Of said land. and real estate
arcording to the provisions OF the said
aes ted Jersey city, N. j.. October 14th 1899.
THE MAYOR AND ALDERMEN OF JEK-
saf go e. Hoos,
fr..,, Mayor
tseai',a ttest-- IL j. o'DoNNELL.
City Clerk.
The Jersey City news., 1899-12-18
DEWEY DINNER TOMORROW.

At a meeting of the Dinner Committee
Of the Dewey Flag and Pole Committee OF
Greenville Saturday night at Columbia
Hall. arrangements were completed for
the dinner to be held tomorrow night at
Columbia Hall. Mr.. Robert Carey was ap-
pointed POSTMASTER. About sixty guests
are expected, among whom are Mayor
Hoos the Rev. Cornelius Brett, ID, the
Rev. DR.. Mcdowell and Mr.. Charles Will
son of Red Bank. The dinner is to cele-
brate the success Of the Dewey Flag pro-
iacf
The Jersey City news., 1899-12-18
$500 AT HOSPITAL FAIR.

The bazaar held by the Sewing Guild
of Ladies Aid Society No. l of the Ger
man Hospital and Dispensary Fund As
sociation closed Saturday night. Between
s4oO and $500 was realized. The Sewing
Guild is highly pleased with the result
and will shortly arrange to hold another
event Of the same nature. Both societies
have the interests Of the Hospital Fund
al heart, and are devoting much time
and energy to it's increase.
The Jersey City news., 1899-12-18
SEVENTH DEMOCRATS. TO MEET.

The regular monthly meeting of
the Seventh Ward Democratic Club will
be held tonight at the New York Bay
House. Ocean and Wilkinson avenues.
President Blaese will officially announce
the Executive Committee appointments.
Michael /. F'agen, Jr., is said to be slated
for the Chairmanship. The new club
house project will be discussed.
The Jersey City news., 1899-12-18
Dated November 21st, 1899
Jersey City News and Neue Zeitung.
SHE naIFF's SALEM cIIANcERY OF NEW

sHERTFF's SALEM cIIANCERY OF NEW
Between George Wolf. complainant and
Charles Holnlstrom ct al, defendants.
Fl. fa For Sale of Mortgaged Premises
Returnable February Term. 1900.
William s. Stuhr. Solicitor.
BY virtue Of the above stated writ, to me
directed and delivered, / shall sell by public
vendue, at r. c. Wolbert's Real Estate Sales
room, No. AZ Montgomery street, Jersey City,
on
THURSDAY, the twenty eighth day Of Deeem-
ber, A. d. 1899,
at two o'clock in the afternoon. all the fol-
lowing described land and premises, with the
appurtenances being the same described IN
said writ, that is to say
All that certain lot OF land and premises,
situate lying and being in thar part Of Jersey
City. formerly known as the Township OF
Greenville, in the County Of Hudson and state
Of New Jersey, and which on the map en-
titled Map Of property Of Samuel Bostwick'
June 18th, 1864, filed in the office Of the Clerk
NOV Register) Of said County, is designated
and known as lot numbered forty EIGHT fzS).
in block numbered one ~, fronting on the
southerly side of Myrtle avenue, and being
twenty-five (20 feet wide in front and rear
and one hundred 200 feet deep on each side;
Being the same property which was conveyed
to said Charles Holmstrom by Mary An7 Peter
son (yvidow) by deed dated July 9tn 1887. and
recorded in Book AZ Of Deeds for said County,
page III. ,r--x.-,r-,z
sherif.
Dated November 21st 1899.
Jersey City News and Jersey City Democrat.
The Jersey City news., 1899-12-18
MR.. scuDDER TO LECTURE.

The Rev. John L. Scudder, of the First
CONGREGATIONAL Church, Bergen and Boyd
avenues, will lecture tomorrow night at
the church ON IA Jerseyman in Jerusalem
and other Places" He will describe in
detail the people. the churches and the
costom of the Holy Land. The lecture
win be illustrated with stereopticon
vic
The Jersey City news., 1899-12-18

$1,000 $1,000
Between The Improved Land and Loan As
socfatto1, complainant, and Frederick e. l.
Krause ct al, defendants
Fl Fa. For Sale of Mortgaged Premises
Returnabie February Term, 1900
Hudgpeth and Puster, Solicitors
BY virtue of the above stated writ, to me
directed and delivered, shall sell by pubic
veudue. at F.. G. Wolberts Real Estate Sales
room Al Montgomery street Jersey CITY, on
A. d 1900.
at two o'ciocls IN the afternoon, all the follow
ing described land and premises. with the ap-
purtenances, being the same described IN saii
writ, that is to say;
An the following tract or parcel Of land and
situate. lying and being in the City OF Jersey
city, in the County Of Hudson and State Or
New Jersey: =.
Beginning at point on the norsherly side
of Stegrnan avenue, distant one hundred anu
TWENTY-FIVE and sixteen one-hundredths
ff25 16-1a0} feet westerly from the westerly side
81 OcAsn avenue: thence noftherly at righE
angles to Stegman avenue one hundred and ten
onez zhundredths 400 10-l00) feet; thence westerly
twenty feet and three inches 4tz0s 5eDt' thence
hundred and ten one-hundredths doo 19-1e9j
feet to the nertheriy Side Of Stegman avenue
ana thence along the northerly side Of SteS-
man avenue in an easteriy direction twenty
feet and three inches t2V ~ to the point or
place OF beginning. ~ !. 4. =
easferiy three al inches BY its entire depth q
iof sixteen l163. IN Block thirteen hundred and
fuen three Qs23l as laid down on the Gisy
tax and Assessment Map of Jersey City ny +.
p fe~'s'' Carl. II. RuEadpI,EH,
/ f,a+4a rxova5nber 2ssh. 1sga.
Jersey city News and Jersey c1ty pemoctes' !
The Jersey City news., 1899-12-18

NurICE UF SETTLEMENT NOTICE Is.
eariber guardian of James McKinstry. A.
minor, viii Be audited and stated b.. the SUR
rofate Of the County Of Hudson, and reportee
cember next. e.u " i
Dated November Il 4 p Iss9 ss !. 49,
The Jersey City news., 1899-12-18
miNKs MEET TONIGHT.

The Minkaxwe Republican Club Will
meet tonight at It's quarters. Ocean near
Danforth avenues 1he Entertainment
Committee viii be INSTRUCTED to arrange
Tor progressive euehre.
The Jersey City news., 1899-12-18

sHERIFFsS SALEM C7fANCERy OF NEW
Between Mathiide NJ Heppenheimer. Execu-
trix and Trustee. &c. complainant ana Jonn
n Abbott and wife, defendants.
FL IA Fer Sale OF Mortgaged Premises.
Returnable February Term, 1900
Russ HeppenheiSner & Perkins, Solicitors
nv virtue OF the above stated writ TO me
directed and delivered shall sell by pubic
vendue at II. @. Woibert's Real Estate Sales
room n Montgomery street, Jersey City, on
THURSDAY, the fourth day Of january
A.. D. 1900.
ing described land and premises. with the APP
purtenancss. being the same described II said
writ thar Is to say
All those seven "a certain lots, pieces or
parcels Of hand and premises situate N me
csty OF Hoboken. in the County Of Hudson and
State OF New dorsey known and distinguished
hy the numbers nfle %, ten u9) eleven u1},
twelva f12 thirteen u31 fourteen u9. and
17fteen (15>, In Block cne hundred and twenty
one nziA on certain map entitled Map Of
nroperfy situate al Hoboken. Hudson County.
New Jersey. oeionsins to the Eskate Of John
q. Coster. deceased, surveyed and laid out int
Austin Gwen, G. s., New York On NE in the
IiSxiAfer,s offlee Of the County of Hudson
& AFORESAID Bsing part of the same premises
c9nveysd 10 tha said John n. Abbott BY George
NJ Coaster nnd wife. by deed dated Jnns "a.
1ssS recorded ID the Clerks (noW Heefsser,S)
off3ce * Hudson County aforesaid "A Book III
4 Dssds' Isss 8. Ssi ssknn X nt,zsrpfsa
Dsasd ssSysash<x sss, lss3 s.
$s1e<x fi<F NeNa 6n4 :xne Q141kygzs
The Jersey City news., 1899-12-18
sHERIFFs SALEM eHANcERY or NEW

A<A<r
Between c. Frank Axtell, guardian Be-.
coInpanant and John NJ. Mills, defendant
81 fa. For sale Of n1ortgaged premises.
Returnabie February Term, 1900
willard W. Cutler. Solicitor
BY virtue of rne above stated writ. to me
directed and delivered. shall sell by public
vendue, at r. c. Wolbert's Real Estate Sales
room, No. a Montgomery street, Jersey City,
THURSDAY. the eleventh day Of Jsnuary,
A. D. 1900,
at two D'cIcck in the afternoon, all the fol-
lowing described land and premises with the
apDt1rf erances being the same described in
All that certain tract of land and premises
situate, lying and being in Jersey City, in
the County of Hudson and State of New Ier-
sey:-Beginning at point in the southeast
two feet (22 feet) northeasterly from the east
erIy corner Of Van Horne and Lafayette streets;
running thence "a southeasterly parallel with
Lafayette street, to, through and beyond the
feet): thence ~ northeasterly parallel with
Van Horne street twenty feet GO feet; thence
(3l northwesterIy parallel with Lafayette
street, to. through and beyond the centre Of
a party wall. seventy-two feet (72 feeD to
the southeasteriy side of Van Horne street;
thence "a southwesterly along Van Horne
street twenty feet GO feeD to the place Of
beginning.
Being parts Of lots twenty-nine thirty and
thirty-one, in block number six on map on
entitled MAP Of Lafayette, one mile from
Jersey City Ferry. Hudson Co. N j.. Be-
ing part Of the same premises this day con-
veyed to waldle f. Gibson by William G.
bu'nS'sa any CARL H. RUEMPLER.
Sheriff
Dated December s. 1899.
Jersey city News and Jersey City Democrat
The Jersey City news., 1899-12-18
Dated November 21st, 1899.
Jersey City News and Kearny Record

SHERIFFss SALEM CHANCERY OF NEW
Jersey.
plainants, and Henry Aekerman ct ux ct all.
defendants.
Returnabie February Term. 1900
Besson and Spohr, Solicitors.
Bv virtue Of the above stated writ, to me
vendue s at .t'' F. &. Wolbertss Real Estate Sales
room, No. A Montgomery street. Jersey city'
THURSDAY, II the twenty-eighth day Of Decem-
ber A. D. 1893,
at two o'clock in the afternoon, all the fol-
appurfenances, % being the same described in
said writ, that is to say
All those certain lots. tracts or parcsls Of
land and premises, situate. lying and being
in the Township Of Weeha vixen, In the County
Of Hudson and State of New Jersey. which on
longing to the PaIisade Land Company of West
surveyor. % filed In the office Of the Register Of
the County Of Hudson on June 2Sth, 1884 are
known marked and distinguished as lots num-
bered sixteen (1s). seventeen lD, nineteen us, ;
and twenty f201, In BlocK iettered =, as ialo
down on said map.
Also all that certain lot, tract or parcel OF
ian lhsd anq If Weeamken Ia the County oi
certain map entitled Map Of property belong. Ion
surveyor. filed In the office Of the Register Of
known. marked and distinguished as lot num-
bered twenty -fve (25) in Block lettered c, as
laid down on sadd map.
Also all that certain lot, tract or parcel OF
land and premises situate, lying and being In
the Township Of Weehawken Hudson County.
New Jersey, described as follows:--
Commencing at a point in the northerly side
or line of Dodd street. distant eighty-sfx and
seyenty-ive hundredths tSe.75) fest westerly
from the northwesterly corner of Hudson ave
nue. and Dodd street: running thence northerfg
parallel with Hudson avenue one hundred Q0U
feet to a point; thence running westerly
naraIlel with Dodd street twenty-five and fifty
one hundredths t25.5W feet to point; thence
running southerly parallel with Hudson avenue
one hundred 600 feet to the northerfy side OF
Dodd street: thence running easteriy along the
norherIy side Of Dodd street twenty five and
fifty -hundredths $50 feet to the point CT
paee = = CARL H RUEMPIER.
Sheriff.
Dated November 21st 1899.
Nssxrs and Tha 0hsarYer.
The Jersey City news., 1899-12-18

sHER1FF,s SALEM cHANCERY OF NEW
Between Charles Ritchie sinpkins. complain
ant. and Frederick H. Hazard ct al, defen-
dants
Returnable February Term. 1900.
Robert NJ. Boyd, Jr., Solicitor.
BY virtue of the above stated writ. to me
vendue at F. G. Wolhert's Real Estate Sales
room. No. n Montgomery street. Jersey City,
THURSDAY the twenty-eight day OF Decem
ber a. D. 1899,
at two o'clock in the afternoon, all the folow-
ing described land and premises, with the APP
purtenances, being the same described IN saio
writ, that is to say
All the following tract or parcel OF land AND
premises hereinafter particularly describe !.
with the brick dwelling house thereon erected
situate, lying and being in the CITY q Jersey
City. in the County of Hudson and state OF
Beginning at a point on the southerly side
of ST. Pauls avenue distant seventy seven rect
and ten one -hundredths Of foot east OF the
corner formed by the intersection of the east
erly line of Germania avenue with the southerly
line Of st Paul.s avenue: thence running east
eliy fifteen feet and thirty-five one-hundredtns
Of foot along st. Paul's avenue; thence run
ming soufherly and part of the distance through
the centre of a party wall and nearly parallel
with Garmania avenue ninety-two feet ana
running westerly and nearly parallel with ST.
PauIs avenue fifteen feet and forty one-hun-
dredths Of a foot; thence running northerlv
and part of the distance through the centre OF
a party wall and nearly parallel with Ger
mania avenue. ninety-one feet and ninety-fiy
one-burdredtas of a foot to the point place
Of beginning The premises above descrihe
being known as lot number eight. as surveyed
by Earle and Harrison. and laid down on a
certain map prepared by them for the said
Charles A. Lewis and one George Savage, in
si,,r,lifssts in J,ly 1898 which map is to be fled
in the office of the Register of said County OF
Hudson: and the said premises being portion
of the premises conveyed by the deed of VIII
Simpkins dated July first. eighteen hundred
and eigfty-one. and recorded In the office OF
the Register Of the County Of Hudson In the
state Of New Jersey, on the nineteenth day
Of July. eighteen hundred and edghty-ons, in
T3aok three hundred and fifty-nine of Deeds Of
"a ia County, at page four hundred and eleven.
CARL H. RUEMPLER.
Sheriff.
Dattsi November 21st. 1899
Jersey CITY News and Jersey City Democrat
The Jersey City news., 1899-12-18
sHnNIFT.s sALE-IN czANoERY OF NEw

SfIFsT2IFFtS SA1SE-1N Ct1ANOtstf1 OF NEW
Jerssay.
bertha KeIienberger ct al. defendants.
nj fa For Sale of Mortgaged Premises
I,pturnable February Term, 1900.
+ Emil Wascheid, Solicitor
BY Virtue of the above stated writ, to me
directed and delivered. | shall sell by public
vendue at F. G. Woibert's Real Estate Sales
room Ne. At Montgomery street. Jersey City.
THURSDAY. the twenty-eighth day Of Decem-
ber, A. D. 1899,
at two o'clock in the afternoon, all the fol-
iovins described land and premises with the
appurtenances being the same described in
said writ that Is to say
All that certain tract or parcel Oh iand ana
premises situate, lying and being in the Town
II West Hoboken, in the County Of Hudson
and State of New Jersey, and described as
follows: beginning at point in the easterly
line of West street. distant one hundred and
thirty.tlree feet and sixty one-hundredths OF
4 foot northerly from the northeasterly corner
~ Oak and West Streets running thence
so,therlv and along the easterly line of West
street ihirty-three feet and sixty one-hun-
dredfhs Of a foot; thence easterfy and par
aIlel with Oak street two hundred and thirty
six feet and forty-two one-h -hundredths Of
foot. thence northerly and parallel with West
sfreet sight feet and seventy-nine one-hun-
dredths az a foot to the northerly line OF lands
late belonging to the Hoboken Land ana I'M
nrovement Company; thence westerly and along
said line two hundred and thirty-ive feet and
sixteen one-hundredths of a foot to the point
Or piaes y Dss Carl H. RUEMPLER,
Sherir.
Dated November 21st, 1899.
Jersey City News and The Observer.