davidaulloa/AmericanStories huggingface dataset:
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

Bathing at the flnmS has lost none
q its charms for our people. The
water is quite salty. now.
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03
Personal MentiQll.
Make Sokolosky has gone. nortl

Mayor Rroussard OF Rayne, come
over Sunday evening.
d. L.. Mcpherson is now. in AicRee
South .Carlipa, visiting his relatives,
Miss Alice. Hacker is. visiting
in AbheSile. -Neekly Iberian.
Mrs. odop Guidry, Of Carenero,
is visiting her sister. Mrs. w. c.
Mays.
Miss Jessie Ransom is visiting in
AbbeYille this week.-Gueydan
News.
Mrs, j. N. Greene is now the hap
Ply, posessor, of. a. handsome new
pheaton..
Jack Iabrie and F. O. Leblanc
two popular drumers. were. in. town
this week,
E. p. Putnam, is back from Hot
Springs and has a lot of photos, that
are worth seeing.
by. Sheriff Albert' Hebert- was
anbusiness visitor here Tuesday.
Gneydan News.
] Mrs. Rosa~W. Ieguennec has re-
turned from q visit to New, Iberia
and F,ausse, Ptointe.-
Elias Rroussard and j: Cieomer
Broussard have returned from a trip
to Hot Spring, Ark
Miss i, Caldwell, oftAbbeville is
visiting at the home. of Mrs, J.. CLARK
of West End,--Iberjan.
Mrs. Oliver. Breussard,, left Mons
day for her home in Rpyne, after. a.
pleasant visit to relatives here. j.
&. o.. Brossard;, cashier: of the
Bank of Abbeville left. Sunday morn
ing on an extended vocation, tour.
District: Attorney. j. n. Greene
has been. laid up this week with, a
small. carblncIe but has about re-
covered.
G.. Godchauz, the genial general
manager. of the Reliable Lumber Co.,
came in. on Tuesdays train.-Guey-
day News.
w. r. Burke of the editorial staff
oAthe Independent Observer, Of New
iberia, was among the excursionist
visitors of last Sunday.
Misses Eloise. Gulibeau and NADIA
line France. two charming youngs
ladies. of Carencro. were among: the
excurisionsts> here Sunday.
Ovid. Broussard is. now holding
down. the Cashiers job in the Bank of,
Abbeyille and is doing it we'll. He
made little trip to St, Martipsville
last week.
During the hot spell last week
Deputy sheriff E. W. HUFF, had. a
close call from a.case of sunstroke.
as it happened he got to shade and
some cold. water in, time, to, save
himself.
Mr.. and, Mrs. j. r: Kitchell and
children. left Thursday morning on. a
visit to, Mr. Kitehell's, old; home
HarmonloWn, Lafayette County,
Mississippi. Bon yoyagge .. pleasant
time and safe. return.
Mrs. Sam Fanlkuer and her hand-
some daughter, Dora, Of New Or
leans arrived last Monday, at Perry's
Bridge. on a visit to, her. son-in-law
Dr.. f.. G.. Lyons. They will remain
in Vermilion, several weeks.
DR.. and Mrs. H.. B, White who
hove boon visiting MRS. Whites
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

Vermilion street is receiving a
good grade workiug,A W. S. Nilsson
is the contractor
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

The construction train Of the S. r:
R. r. is, bringing train loads Of dirt
daily, yes hourly, for the grade
across the canal. south. of town.
Gueydan News.
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

August opens pr hot and dry with
easterly winds: I.
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

Last Saturday the coloreds people
gave an excursion on tho Harvey to
Gessac or. Belle lie bayou.
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

The. excursion Sunday iron ope.
louYsas and Washington was well
patronized and the town was full of
strangers all Of whom were pleased
with y little town and its people.
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

The big gum tree on Main street
near the coalee running cut of the
Masonic cemetery has been cut dewn
his week in order to give more
room for the street..
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

Tuesday about noen.a very heavy
tenpesterous looking.eloud, appeared
IN the South and it looked squally
for a while, but all passed off in.
winds
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

Full moon, Wednesday, morning
and as the saying goes We are still
working. under the July m oon'
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

Cotton is looking dne,, and the
plant is we'll frliited.. 1t nothing
happens there will be. a big CROP this
year.
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

From All accounts the deep wells
On Wathens& Sims ranch. at Cow
Island are top ~notchers. Theg still
furnish and abundance OF beautiful
water.
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

Work. on. the. Mutual Rice Mil
ltd, is progressing rapidly. It will
not be long ere we can hear the loot.
Of che whistle. 80 News.
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

The, Holiness Campmeetfng. at
Lake Apthar began last Friday. 1t
is being largely attended. Gaeydan
News.
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

The deep we'll that is being put
down on the Gueydan plantation
two /, miles south Of town by V.
Wal1righs, is progressing nicely
Gueydan News.
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

Elsewhere will be found the. first
~ats,nent of the First National BeAk
Of Abbeviae: it i. a a.highlg coreditt.
able showing and speaks, for itself.
vermilfon. street has. been. through
" graded this, week from, State street
out q Lyman, Lyons old place tie
eastern Limits. of the towns
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03

Camille Dntel job painter. 6 mo
The Meridional. (Abbeville, La.) 1856-1906, 1901-08-03
REPORT
OF THE CONDITION OF.
THE FIRST NATIONAL BANK

, At ABBEVHLH.E, La.
AT, the close Of. business, July Is, 1901
The Montgomery advertiser., 1901-10-16
COTTINGHAM V. GREELY BARNHAM
 GROCERY COMPANY

COTTINGHAM ". GREELY BARNHAM
 GROCERY COMPANY
 Garnishment Proceeding.-Appeal from
 the Circuit Court of Bibb.
 l Garnishment: contest of answer of garpishee; when issue filed.-Under the statute providing for the contest of the answer of a garnishee, Code. section 2l96(, 1t Is not required that the issue be made up at the term of the court at which the answer of the garnishee is contest of the garnishee's answer has been filed al the same term of the court that the answer was filed, the court may, at a subsequent term, allow an issue to be made up On such contest under Its dir Iectlcn.
 2. Appeals; rulings upon motion to strike pleas: not reviewed when not shown by bill of exCeptions.-The rulings of trial court on motions to strike cer- tain pleas from the file, will not be re- pleas and the rulings thereon are not shown in the bill of exceptions
 8. Fraudulent conveyances; grantee relieved from liability by payment of value of property to .grantors creditors. The grantee in a fraudulent convey ance is relieved from liability to the creditors of the grantor, if he pays to bona fide creditors of his grantor the fair and reasonable value of the property transfer ed In such conveyance; and forced to pay the proceeds of the prop erty acquired by him to the creditors by means of the process of attachment.
 {. Same; same; burden of proof Where a grantee in a fraudulent convey ance seeks to relieve himself from liabil- property so acquired by him to the dis- charge of the debts of his Krantor, or paid the value ef said property to the grantor's creditors. the burden oS Dr0OI
The Montgomery advertiser., 1901-10-16
JONES, & co. V. PEBBLES.

Bill in Equity by Creditors to set aside
 Conveyance of Property for Fraud
 Appeal from the Chancery Court of
 Pickens.
 constitute sufficient presentation of claim. To constitute a sufficient presentation of a claim against the estate of dece- dent, the nature and amount of the claim must be brought to the attention of the personal representative by some one au- entation; and the representative must be notified expressly or impledly, that the estate is looked to for payment of said claim.
 within a few days after the appointment of the administrator of an intestate's es- tate, the administrator enters into writ ten contract with a creditor of the dece- | dent. in which the claim of the creditor | against the estate is set forth and de- | scribed, and the administrator obligates himself to devote the rents and profits | arising from the lands belonging to the inteState's estate to the payment of such claim, there is by the execution of such contract, a definite recognition by the administrator of the existence of the against the estate of his intestate. and such transaction constitutes sufficient presentation of the claim within the meaning of the statute of non-claim.
 g. Chancery pleading and practice; es- toppel must be averred.-Where an estop- pel Is relied upon as a matter of defense to a bill in equity, the answer of the re- spcndent must set up the estoppel and allege the facts upon which 1t Is predica- ted; and if not so specially pleaded. the defendant can not avail himself of an estoppel as a defense, though it may ap- pear in the evidence.
 Reversed, rendered and remanded.
 Opinion by Tyson, J.
The Montgomery advertiser., 1901-10-16

of the fall of her shells. When we fired the Oregon notified us Then upon the approach of the New York, when she was observed signal was made. I think, to the Texas to be repeated notifying the com mander- -in-chief that we had won a great victory
 Orders and Signals.
 Were these signals answered and these orders obeyed by the ships of the squadron?"
 '.The orders were obeyed. I do not know whether the signals were answered or not. I could hot see. Later signals, those that had nothing to o with the squadron at the end of the battle were all answered.
 Did the Teresa turn to the westward before the Brooklyn commenced Gher turn to starboard?"
 'The Brooklyn was forging ahead. gain ing speed, and the helm was eased. The Teresa before she turned to westward ap- peared to move herself to keep her ram toward us." ~ ..5
 At what period of the action did the viscaya change her course as if she in- tended to ram the Brooklyn"
 Shortly before she gave up. The fight had developed into very open one at that time"
 Do you know which of the vessels on July Srd first hoisted the signal, Enemy esceping?"
 l do not know of my own observa- ton. The report was the Iowa got 1t up frst.'
 Ihat was the alarm signal to be hoisted, not as an order. but as a general alarm of warning to the fleet?"
 That was in the order of the com- mander-in-chief.'
 By the Court: Did the vessels close up July in obedience to the signal made from the Brooklyn or was there a stand ing order for them to close up in case the enemy was seen attempting to escape?"
 There was standing order that if the enemy attempted to escape the squadron must close in and destroy it. or words to that effect
 When the court concluded its questions Commander Sears was excused and the court adjourned for the day.
The Montgomery advertiser., 1901-10-16
BEAUMONT SWEPT BY FIRE. Damage Estimated at $2Oo,oOo Re-
 suit of Conflagratior.

Dallas, Tex, Oct. 15.-Early' this morn ing fire destroyed s2OO0OO worth of prop- erty in the business section of Beaumont. Tex
 The fire originated in tn" McFadden block. the first floor of whi I was occu- pied by T. s. Steed, wholesale groce, ies. and the second floor as r00ming house.
 There are rumors of sev ral l. s loss in the McFadden flats, but Mrs. Field, proprietress, thinks every one escaped.
 Other buildings destroy IF he Blanchott building, Gi bert building, two Seriafinos buildings and the Dunla D. Cun- ningham, a new threc-Gtory building just completed.
 At 2:15 a. m. the Southern Pacific ware house, a frame structure 300 feet long, was in imminent danger.
 The fire was confined to the McFadden block. which was entirely de-troyed. The loss is estimated at $200 O0l. No lives were lost. The Southern Pacific warehouses and the Croppy Hotel were seriously in- jured.
The Montgomery advertiser., 1901-10-16
CURED OF ASTHMA. After 35 Years of Suffering.

It will be gratifying to Asthmatic read CTS to learn that an absolute cure has at last been discovered. by pr. Rudolph sch;ffman. That the remedy is an ef- fnctual one cannot be doubted after per usal of such testimony as that of c. w. Van Antwerp, Fulton, N. Y, who says: ''Your remedy, (Schiffman's Asthma Cure) is the best l ever used. I bought 2 package of our druggist and tried it and one box entirely cured me of asthma, and have not had it since. I can now 20 to bed and sleep all night with perfect comfort, which I have not done before for B years and thank you for the health that I now enjoy. I hope that you will publish this letter, that others may learn of its wonderful virtues"
The Montgomery advertiser., 1901-10-16
Dining Cars for L. & N.

Chicago. Oct. 15.-Four of the finest dining cars ever built by that company were sent out today from the Pullman works to the Louisville and Nashville Railroad Company and will be placed in service immediately or it's through trains between Chicago and Cincinnati and New Orleans. More dining cars for the company are being built sufficient in number to meet all demands for them.
The Montgomery advertiser., 1901-10-16
. ~.s~e~.~.~o. ..xs~.. HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT.

mont utI, not be reversed for errors committed in admission of evidence When on an appeal from a Judgment m favor of a defendant in civil action, u appears that the defendant was, upon the facts adduced upon the triai, emu tied to the general affirmative charge in his behalf, errors committed oy the trial court in the admission and rejec- tion of evidence, win not warrant re- yersal of such Judgment, since In sucn case, the errors arc without injury 10 the appellant.
 Affirmed.
 Opinion by Sharpe. J.
 WILKINSON ct al. V. WILKINSON
 ct. al.
 Bill in Equity to Have Conveyance Of
 Property Declared Void and can
 celled.-Appeal from the Chancery
 Court of Butler.
 l. Non compos mentis' when oeeo void-A deed executed by one wno IS non compos mentis and incapable Of enter ing into a contract, is not merely voida- ble but absolutely void, and passes ho title to the grantee named therein.
 2 Same; bill to cancel deed or non compos mentis; when without leqmty.- On a bill filed for the purpose or hay, and cancelled. upon the ground that the grantor therein is non compos menus and incapable of contracting, where IL appears that the complainant was out of possession of the property at the time of the institution of the suit, there ex- ists no necessity for invoking the Juris- diction of a court of equity. and such bill is without equity; the law affording a plain and adequate remedy for the re- covery and possession of the land.
 Reversed and rendered.
 Opinion by Tyson, J.
The Montgomery advertiser., 1901-10-16
Fire at ETerkel, Tax.

Markel, Texas. Oct. 15.-F'iye today des- troved the business houses and stocks of J. T. Warren. Fitts and Smith. Star Slave Company. Davis and Wood. J. F. Me Adams. A. J. Hill, A. J. Lennan, the Merkel Mrn newspaper and the tele- phone exchr Tge. Loss $S00O0 with in- surance of S2S00O.
The Montgomery advertiser., 1901-10-16
LOUISVILLE AND NASHVILLE RATI ROAD CO " JOHNSON


 Action of Assumpsit.-Appeal from the
 Circuit Court of Geneva.
 i. Action upon voucher issued by railroad company; when assumpsit can not be mairtained.-Where railroad company, for the purpose of settling. a sbt, prepared a statement of the claim in the form of an approved account, hav- ing thereon a receipt in blank, together with statement that when said voucher is properly signed, it becomes draft without exchange on the treasurer Of the company. and this paper Is sent to the creditor in whose favor 1t Is drawn. and one pretending to have authority to represent said creditor, but who was withoi 1t such authority, assigned the re ceipt attached to said statement in the name of the creditor, and obtained mon ey thereon from the person to whom 1t was assigned. and the assignee subse- quently deposited such voucher in the bank. by which bank the amount of the voucher was collected from the railroad company. such railroad company. upon discovering the forgery of the voucher, can not maintain an action of assumpsit against the person to whom 1t was orig , inally assigned by the person represent ing himself as the agent of the original creditor of the railroad company: 1t not being shown that there existed between the railroad company and such person to whom the voucher was originally as signed, a privity of contract created by express promise or by implication of law
The Montgomery advertiser., 1901-10-16

The salmon catches on the North Paci.io coast sometimes catch ove~ 5.o0n fish at oHe haul and compelled to throw thausan !s back for want Cf seine room. Conn ries S"e running at breakneck speed. Lab-r is very scarce and small girls employed helpers making S3 day
The Montgomery advertiser., 1901-10-16

For the finest Havana Cigars south go to Hermann Ross, M'f'r, at his new store. 11O Dexter near postofice.
The Montgomery advertiser., 1901-10-16

rests upon him to show. not only such an appropriation by, him of the property or money equal to it's fair and reasona- bIe valuation but also to show that the oebts so discharged by him were sub sisting, legal, bona fide demands against nis creditor; and where this burden is discharged. it Is of no consequence that such grantco retains possession of a portion of the property so conveyed.
 D. Garnfshment; how value of proper ty acquired by fraudulent grantee ascer- tained.-Where, In a garnishment pro- ceeding. the plaintiff seeks to subject property in the hands of the garnishee. upon the ground that 1t was conveyed to him by fraudulent and void con- the value of the property received by the garnfshee under such conveyance, the criterion is the value of the property at the time of such conveyance.
 6. Same; when plaintiff may avail himself of rights which the debtor could not exercise@Although conveyance made to hinder. delay or defraud credit ors is not void between the parties there to and the garnishing creditor can, in general. avail himself only of the legal rights of the debtor against the garni- shee. there Is an exception where the garnishee holds the effects of the debtor under a fraudulent conveyance. In such between the parties. the garnishee cred itor may set up its invalidity
 z. Same; what demands may be reach ed by garnishment.-Promiss notes, accounts due a mercantile firm. or other choses in action belonging to the defend- ant. but in the possession of the garni- since. can not be reached and subjected by garnishment
 Reversed and remanded.
 Opinion by Tyson J.
The Montgomery advertiser., 1901-10-16

Farm Loans; low rates; long time; no delays. Loan Co. of Ala, Selma, Ala
The Montgomery advertiser., 1901-10-16

POOLE ct al V. DAUGHDRILL. Admr.
 &c
 Application by Administrator for Order,
 to sell Lands for Payment of Debts
 Appeal from the Probate court or
 i. Sale of land by administrator for payment of debts; sufficiency of petition In order for petition by an admins trator to the probate court for the sale of lands of his intestate's estate, for the payment of debts, to confer jurisdiction upon the court, such petition must con tain the statutory averments tCode, sec. l5Sl; and a petition filed by an admins { trator for such purpose, which fails to state whether any, or which Of the helrs are married women, and Is wholly uncer- tain as to the heirship of one of the per. sons whose name appears in the i1st or heirs, and fails to state who succeeded an heir who is stated to have died, is wholly insufficient; and the failure of the petl- tion to make such averment will warrant a reversal of the order Of sale;
 g.. Same; appointment of admlnistrator cd htem unnecessary.-On an application by an administrator to the probate court for the sale of his intestate's lands for the payment of his debts, the fact that one of the heirs of the intestate hao oieu, does not authorize the appointment or an administrator ad litem to represent the estate of such heir; but the heirs or salo deceased heir, as successors in title 10 tne real estate, are the proper repIeselhtsa, sr tives of the interest which resided m their predecessor, and they should be made parties to the proceeding.
 g. Same; when existence or deDts suni ciently shown.-Where, in petition nleo by the administrator in the probate court for the sale of lands of an intestates es. tate, 1t is stated that paper attacneo as an exhibit shows the debts ana napll- ffies of the estate of the deceased that have been legally presented as clains against said estate, and which nave hot been paid, and to said petition there ls annexed a schedule of debts, the existence ~H l,,, hxyf ha estate ia Ruff1ClentlY shown by such petition and the exhibit thereto.
 ( Same; debts of estate not required to be proved by disinterested witnesses.-in a proceeding in the probate court by an administrator, on application to sell lands of the intestate to pay the debts or the estate 1t is not necessary. under the statute Code Sec. 16D, that the existence of debts should be proved by the "depo. sition of disinterested witnesses. (Quarles V. Campbell, 72 Ala, 64. holding to the contrary overruledo Tyson ana Sharpe, JJ., dissenting.
 5. Same; same: sufficiency Of evloence. In a proceeding in the probate court on application of an administrator to sell ms iritestate's lands to pay the debts Of the estate. where the petition ayers the ex- tstence of debts and it is shown by the deposition of two disinterested witnesses that the estate owns no personal proper ty it will be presumed. in the absence oI the bill of exceptions. or anything in the record to the contrary, that the debts were proved on the trial by evidence out side of the dispositions.
 Reversed and remanded.
 Opinion by Sharpe, J.
The Montgomery advertiser., 1901-10-16
BLACKBURN ct al. V. FITZGERALD Admr ct al.

BLACKBURN ct al. V. FITZGERALD,
 Admr. ct al.
 Bill in Equity to be made Parties 10
 Pending Suit.-Appeal from the Chan-
 cery Court of Perry.
 i. What necessary for beneficiaries un- der trust to secure its enforcement rlghts of heirs at law against adminlstrat1r as trust 9t have no right to proceed by bill in equity to enforce their equitable rights, without having first moved the trustee to act ana having failed to secure such acton on nls nart. and the relation of heirs at law or an intastate to the administrator Of his estate, Is that of beneficiaries unoer q trust and as such. they can not procee9 hy bill in equity for the enforcement ot equitable rights, until they have sought to obtain relief by the trustee, ana ne fails to grant 1t. , 4o
 Heirs at law of an intestate; right 70 natntain hill to be made parties to suit against the administrator of the intestate. Where a bill has been filed by the au. ministrator of a deceased partner agalnsI the administrator of the other partner to compel a settlement of the partner ship between the two intestates, and It IS ayerred in said bill that the estates oi said partnership consisted exclusMely +St St Seceased partner. whose administrator IS defendant to such bill, can not; pendine said suit maintain separate oilI TOT the purpose of being made parties de1enoant fo The original suit, in the absence ol aYerment or charge that said defendant administrator has ever been notlned oI oI reouested by them to make defense to said bill, or by the further charge of fraud or collision between the adminls- as trators in such original suit, or aver ment that the relations between q; sa5aSi. said ad ministrators are such that 1t Is propaDIe no bona fide effort would be made to de- fend the suit. ,, rniss hill should be sustained.-The test as to when a motion to dismiss pill Tor fha want of equity should be sustained, is not whether it is possible for the bill to bs amended so as to give it equity. but such motion should be sustained If. ad- hitting the facts apparent on the face of the bill whether well or lily pleaded, fhe complainant is without the right to sauiteble relief nd araTlSsn Tssnr and ty,Ssr TyfOn Siasants upon the ground that in this case. the cause being submitted nat,o in + yaEatGn for the want of equity. and the decree sustaining said motion being rendered in dismissed, without first affording the com plainant an opportunity to amend0
 Affirmed,
 Opinion by Dowdell, J.
The Montgomery advertiser., 1901-10-16

DO YOU WANT THE BEsTp Ross's Barber Shop is the place to go. Exchange Hotel.