davidaulloa/AmericanStories huggingface dataset:
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1901-05-24
important rlortgage Decision.


The supreme court has reversed
the decision of the lower court IN
the case of Jacob Rein VS.. S. l..
Galloway, from Elmore county.
Galloway gave Rein a note for
$1,000, secured by chattel mortgage
on some wool. 1t was provided
that the mortgage at any time after
maturity OF the note might take pos
session of the wool, sell 1t and APP
ply the proceeds on the note. This
was done, the wool realizing $855.1s.
This action was brought to secure
Judgment for the balance due.
The court overruled demurrer
and the defendant elected to stand
on his demurrer, Judgment was
entered against him and an appeal
was taken.
The opinion is by Justice Sullivan,
Justice Stockslager did not sit in
the case. The opinion says:
The only error assigned Is the
action Of the court IN overriding
the demurrer.
It appears from the. record that
the mortgaged property was taken
from the appellant by the respondent
and sold by him without either q
foreclosure in courtor foreclosure
Under the provisions of section 1891,
Is. s.
! We are called upon to decide
whether the power of sale above
quoted from said mortgage could be
lawfully exercised by the mortgagee
and if so exercised whether he could
thereafter recover any balance there
may be due on the mortgage debt,
after applying the proceeds of such
sale upon the debt9
AS to the first proposition, sec
ton 1920 r. s. provides inter ala,
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1901-05-24
CATHOLIC CHURCH

Sunday May rs, the solemn feast Of
Pentecost Mass at 1890, sermon ON
the gifts of the Holy Ghost
Catechism at 3 m. followed by
Benediction of Blessed Sacrament.
Wednesday, May 80, Friday Nay 81
Saturday June 1 are the Ember days of
fasting.
Sunday May 26, lecture in D1ngle at
SPIN.
REV w. J. A. HBNDREcHx.
President of Priests League of Idaho
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1901-05-24
Church SERVICES.

Calvary PRESBYTERIAN CHURCH
Sunday Services May Goth.
Sabbath School at 10 O'Clock.
Morning worship at IL O. clock subject:
'It is God that Worketh
Evening worship at 500 O'Clock. sub
ject: THE Day of Pentecost. .,
REV. CHARLES O. NUDGE. Pastor
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1901-05-24


cured by mortgage upon real estate
or personal property, which action
must be IN accordance With the pro-
visions of this chapter"
Under the provisions of said sec
tion chattel mortgages can only be
foreclosed by an action III court as
therein provided. But section $500
ct seq. provides for the foreclosure
of cEattel mortgages, by affidavit,
notice and sale by the sheriff and
ALSO by action IN the district court.
The above cited sections must be.
construed together. Thus two
methods are provided by statute for
she foreclosure Of chattel mort
cages.
1t is clear that the intention of
the legislature In che enactment Of
said sections, was to provide excla-
sive remedies or proceedings forthe
foreclosure of mortgages on person
al property. 1t therefore follows
that the power of sale contained m
said mortgage could be exercised by
the MORTGAGE.
The second point is the MORTGAGE
having exercised said power, can he
thereafter recover any balance that
remains due ON the mortgage debt
after apply the proceeds of the sale
thereon.
Under the views above expressed
the sale made by the mortgages of
the lnortgaged property was illegal
and void, and it now remains as if
respondent had brought this action
upon the note without first foreclos
ing his M T"gage.
AS the MORTGAGE, by his own il
legal act, has deprived himself of
his security, he cannot maintain his
action upon the note
! Hibernia 5. & L. Society vs.
Thornton, 100 Cal, 427.
This is not case where the Sc
earity was destroyed or became
yalueless without the act or fault of
the mortgage. IF it were, differ
ent rule would apply.
tits contcrdod by counsel for re-
lspo1Ident, thar u wonla be . useless
and idle acbto attempt afo1ee.. sre
of said mortgage after the property
had been sold by the moFtgagee, IS
had been already done. While that
contention is true, it is also q well
recognized rule that where mort
gagee, by his own act, unlawfully
disposes of themortgaged property,
he cannot thereafter. maintain suit
upon the debt secured by his mort
gage.
In this state, as in the state of
California, the mortgaged property
becomes the primary security and
the personal obligation of the mort
gagor a secondary one.
The mortgagorsu under our statutes
is personally liable only after fore
closure, and then only fof the bal
ance shown to be due by the return
of tho sheriff, unless it is made to
appear that the property has been
destroyed or otherwise become
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
Library Opening.

A<ASAS~NJ STS~~SS'
The Edgefeld Public Library
was opened on Friday afternoon
under extremely favorable circum-
stances. The general public man
ifested unusual interest in the oc-
-casion, not only by their presence.
but by their 4bscripd TO the
borrowers card" These CO .ds be-
ing only ten cents, and emitting
the subscriber to five books.is such
a generous arrangement that ev-
cry body may take advantage of it.
The ladies Of the Auf Wiederseheu
club displayed another symptom"
of hospitality in dispensing to the
visitors refreshments, simple, but
entirely appropriate to the occa-
sion, for persons coming to attain
the w1erewith to feed the brain,
are not supposed to be addicted to
the gorging of the physical man,
but merely "eat to live.". These
good women have succeeded won-
derfully in this undertaking,which
to most people would.have been an
impossibility, mountainous in It's
proportions. AS faith in the spir-
itual world "can remove noun
tains," 30 perseverance and faith
in ones own ability often dissi-
pate obstacles, as the rising sun
clears away the morning cloud
and the early dew"
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
Grice d Watson.

The livery firm of Grice & Wat
son has all sorts of horses and We
hioles, plenty of the stylish equip
ages which the young and gay are
apt to admire, but among the num-
ber theresis one carriage, and one
horse and above all one driver, in
the employ of this popular firm,
all of (which appeal especially to
timid, asober" and more matured
people. Not that the driver does
not look. stylish, nor the horse well
eroomed, nor the carriage new and
shining, but there is so much of
steadines and good sense display
ed by the horse, SO much OF COM
fort about the carriage, and 80
much of reliability and dignity
about the driver. He never risks
anything and is always on the
alert for bumps and holes. 1t is a
delight and comfort to drive with
this combination. If any of Edge
fields inhabitants wish to enjoy a
drive which will be a satisfaction,
let them send to Grice & Watson's
stable for this team, driven by one
of our esteemed colored friends,
George Norris,
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
TREASURER'S NOTICE.

The County Treasurer's Office
will be- open at Edgefeld court.
house from the 18th day Of Octo-
Der, 1901, to the 31st day of De-
cember, 1901, for the purpose Of,
collecting taxes, charged as fol-:
lows:
For state 5 mills levy.
Fer county 4 mills levy.
For school 8 mills levy.
For R R Bonds d mills levy.
For court costs and attorneys
fees 1 of mill on all property in
Pickens and Wise Townships.
For R R bonds on account OF
Nation al Bank of Augusta, 2 mills
on all property in Pickens Town
ship.
For supplementary school tax, Q
mills in Edgefeld school district.
For town of Edgefeld, II mills,
for R R bonds. .,as,
For R R bonds,2 ,2S mills in Pick
ems and Wise Townships.
After the 31st day of December
Is per cent peLalty will be added
to all delinquents?
C. M. WILLIAMS,
Treasurer.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
sc. G. 7. News.

Mr. John Kemp, of Callison's, is
a member of the student body at
the Institute.
The boarding atudents of the In
stitute attended services Sunday
morning at the Presbyterian
church.
Miss Arlena Cartledge, of John
ston is boarding at Fir W B Cog
burns, and pursuing her studies
at the Institute.
Mr. Robert Black, who was a stu
dent at the Institute last year, is
attending the Medical College of
Charleston.
Mr. Thomas Black, q son of DR.
J B Black, has gone to Edgefeid
to attend the Co-Educatlonal In
stctute.-Bam berg Herald.
Rev P P Blalock began last
week with Ghe pracClce OF the baHu.
He says the outlook is favorable
for good music on the brass in
struments. News about the band
is always welcomed by the pub
lie.
The Music school of the Insti-
tute has been increased by the
addition of another teacher, Miss
Ellis, for several years successful
teacher at the Johnston Institute.
Miss Ellis is a native of Due
West, and a graduate of the Mu-
sic achool of the Greenville Fe-
male college, under the direction
of Chevalier Ferrata, the famous
musician and composer, and one
of the most distinguished musi-
clans in the United States. Miss
Ellis is lover of this divine art,
and manifests it in her excellence
and taste as performer.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
October 9, 1901.
Masters Sale.

State of South Carolina-Edge-
field County-Court of Common
Pleas. The Edgefeld Building
aud Loan Association against
Mrs Carrie S Tompkins, ct al.
PURSUANT to the decree in this
l. cause I will offer for sale at
public outcry, before the Court
House in town of Edgefeld, and
State of South Carolina, on the
first Monday in November, 1901,
the same being the 4th day of said
month, between the legal hours of
sale, the above realty, to wit:
Gall that tract or parcel Of land
situate in Edgeield county, and
State of South Carolina, contain
ing one hundred and sixty (160)
acres, more or less, lying about four
(4)mile north of Edgefeld village,
and known as the J w Tompkins
homestead place, where j w Tomp-
kins lived up 10 the time of his
death, and bounded on the north
by lands of ] D Edison ard J A
Holland: south by lands of H S
Hill; east by lands of the estate of
Lawrence Johnson; west by lands
of Maggie Hlll,and being the laud
Of assignee and cut off to Mrs e E
Tompkins as q homestead at Cen-
tire Spring.
Terms of SaleSOue half cash,
and the balance on credit of one
year,with interest on the credit
portion from the day of sale. Pur-
chaser to give bond and mortgage
of the premises to secure The pay
msnt of the credit portion, or all
cash, at the purchasers option.
Purchases 10 pay for papers.
w. F. ROATH,
Master Eigefield County.
October 9, 1901.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
Resolutions Of Respect.

Whereas, in His mysterious
providence, the Great Head of the
Church has removed from our
midst, by death, our sister, S M
Smith, therefore be it resolved by
the Sunday School of Harmony
Church.
1st, That in the death of Sister
Smith we have lost one of our old
est and best S. s. workers.
I'd, That while we mourn for our
sister and co-worker, we bow to the
Divine will, believing that while
Gods ways are past finding out,
this sad event and divine act is
done in goodness and love.
sd, That we extend our deepest
sympathy to the family and rela-
lives and pray Gods guidance and
comfort for them.
4th, That we cherish the men,
ory of our sister and shall strive
to emulate her many Christian
virtues.
9Th, That a page in our Sunday
School record be inscribed to her
memory, showing important dates
in her life and containing these
resolutions.
9Th, That the Secretary furnish
q copy of these resolutions to the
family Of the deceased and the To-
cal newspapers for publication.
G. M. SMITH,
J. II. BouKNIGHT,
M. L. SMITH,
Cmmittee.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
NOTICE /!

Copy must be in this Office byf
Monday noon before publication.
day to insure insertion. g
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
The Corner Store.

Mr. H w Turner, one of Edge
fields most genial, hospitable and
popular merchants, has made his
dry goods emporium, the corner
store, quite a centre of trade. By
the numbers who frequent this
store, the public are manifesting
their appreciation OF Mr. Turner's
excellent taste and superior quail
ty of goods. Some people never go
into ecstacies, but if they are at all
inclined that way, they will GER
tainly be tempted to do 80 when
they behold the beautiful array OF
laces, ribbons, glnghams percale,
fannelettes and dress goods,which
are to be fonnd there in all styles
and colors, from shades the rich
est, to the most delicate.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09

YOU KNOW WHAT YOU ARE TAKING AK.llS'(
When you take Groves Tasteless Chill
Tonic, because the formula is plainly
printed on every bottle, showing tnaE
it il, simply Iron und Quinine IN
tasteless form. No Cure, No Pay. QUO
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
E effield A dVer rtlser
WEDNESDAY, OCT. 9, 1901.
"A Word to the Farmers.

The highest prices are being
paid for cotton at Edgefeid. The
merchants have a buyer here who
will give you rs much eor you cot
ton as J ou can get anywhere, and
more than at some places. The
Edgefeld merchants will sell you
groceries, dry goods, hardware and
anything q farmer needs, just as
cheap as they can possibly be
sold. Our merchants believe in
sales and small profits"
Bring your citton to Edge fl Id and
get the highest market price and
buy your supplies from our mer-
cl ants. You will 90 home salts
fed if you sell here.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
Real the new advertisements
in this issue-and old ones too.

Real the new advertisements
in this issue-and old ones too.
Mrs Ras Youngblood and Miss
Bessie Youngblood, of Winter Seat,
are visiting Mrs Manly Timmons.
Colonel Robert Watson of Ridge
Spring, is 10 deliver an address on
fruit culture at the Abbeville coun-
ty fair, which convenes from the
18th to 10th of October.
Mrs Robert Easterling, who has.
been here several weeks on account
of the illness of her father,Dr Hor-
ace Parker, has returned to her
home in Barnwell.
Mr. John R Blackwell, of Parks
willie, was IN town last Monday.
The people are talking of running
John for the legislature next year
whether be wants to run or not.
The citizens Of Johnston have
erected a tombstone over the grave
of Rev John Owen, the Methodist
minister who was accidentally kill
ed there several months ago.
Mrs Morgan Fulmer and family,
former residents IF Edgefeld, left
Augusta last week to join her hus-
band in Morganton, North Caro-
lima, where they will reside.
The Johnston correspondent of
the Augusta Herald says: Miss
Curran Hartley, of Edgefeld, who
is the beautiful guest of Miss Fan
ME Strother, has been the cipi-
ent of many honors while in our
town.
At a Courtship party at the hos
pitable home of Mrs Peschman
Miss Lille LaGrone bore off the
first prize as the decided bell of
the evening, and coming closely
behind her was Miss Curran Hart
ley, of Edgefeld, winning the Sec
ond prize.
I am carrying complete line Of
spectacle goods, and am prepared
to test your eyes by three different
methods. Satisfaction in all cases
guaranteed, I am right here all
the time and can make good any
thing which does not suit you:
New lenses put in your old frames.
GEO. F. MINIS, Optician. Office
over Bank Of Edge6eld.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
NOTICE FINAL DISCHARGE

NOTICE is hereby given that az
~ A lministratrix of the Estate
of J M Matthews, deceased, I will
on the oh day of November, 1901,
make in the office of Probate Judge
for Edge6eld county, a final set
tlement of said estate and apply
for my final discharge as admin
istratrix.
JANE A. MATTHEWS,
Administrative.
October 9, 1901.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
Attention, Edgefield Citizens

We, the undersigned committee
appointed to collect a county ex-
hibit for the exposition in the city
of Charleston, respectfully solicit
any agricultural or other natural
products from any one who desires
to contribute by bringing the same
to Edgefeld, properly packed and
b oxed for shipment, not later than
@ ctober Goth, 1901. Hon. P. B.
Mayson will receive the same.
W. A. STRoM, Chairman,
T. 81. RAINsFoRD,
P. ,. MAysoN,
Committee.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09
Il II !
$3.50, EERRHfB EEBRHfB

We ship on approval in plain, seal
ed boxes, with no marks to indicate
contents. When you receive it and
test 1T, if it is not satisfactory, return
it at our expense and we will return
your $3.50. We guarantee this brand
to be eight years old. Eight bottles
for $50, express prepaid; 10 bottles
for $3.50, express prepaid; l gallon
jug, express prepaid, $3.00;2 gallon
jug, express prepaid, $50. No charges
for boxing.
We handle all the leading brands of
Rye and Bourbon Whiskies in the
market,Iand will save you 30 per cent
~, uoOr purchococ
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1901-10-09

TIE above are only few brands OF
the many we carry in stock. Send for
catalogue.
All other goods by the gallon, such
as Corn Whiskey, Peach and Apple
Brandies, ETC., sold equally as low
from $1.25 gallon upwards.
Wemake speciality of the jug trade
and all orders by mail or telegraph
will have our prompt attention. Speci-
al inducements offered.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-05-21
To the Public.

I. {. Bridgman, manager OF w.
J. Browns undertaking establish
ment, announces to the public that
in a short time they will have a
Black Funeral Car that has re-
ceived the highest awards over all
competitors at the Worlds Expo
sition, New Orleans, La, Cincin-
matt Exposition, Cincinnati, Ohio,
aud Iowa State Fair, Des Moines,
Iowa. Also one of the finest white
Funeral Cars ever brought to the
west. and as nice an Undertaken 5
wagon as is made. He also an
nounces that any family in Ard
more who may be unfortunate
enough to need the services of a
hearse can get the one now IN
stock free of charge until the
new ones arrive.
Remember we carry as complete
a line of cgskets and collins as you
will find in the west, and have just
received another shipment Of
beautiful picture mouldings, La
dies, come and let us frame your
pictures. Our prices are right.
Respectfully,
7. &. BRlDGMAN,
10 ct Manager.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-05-21
THE PASSING THRONG.
All the worlds stage and Each
one plays Part.

Zack Addlngton Of Addington is in
the city.
Max Heyman of Gainesville is in
the city.
II. c. Potterf came up today from
GAINESVILLE.
f. r. Poole Of Elk was visiting in
our city today
Isaac Roberts from Orr is in the
city today on business.
W. d. Jones and L. +. Butler came
up last night from Marietta.
Jno. w. McCrackan and J. r. Cole
Jr., Of Oklahoma City, is here.
F. W. Hudson OF sherman isin the
city and registered al the Whiting
ton.
L. a. Davis OF Hoxbar was a pleas
ant caller at the ARDMoREITE Office
today.
Mr.. and Mrs. jim Havens and son
Claude are spending the week with
friends In Sherman and Dallas.
DR.. ". NJ, Harper OF Lone Grove
is in the city today. The doctor is
an ex-Confederate soldier and is
going to the reunion at Memphis.
W. II. Momon, W. " ollen, E,
+. Forbes, T. W. sharrogk, T. p.
Wilhite, Rufe Tucker, @. II. Wiley
and J. a. Wiley Of Marsden, and 7.
Woodley of Lone Grove, are in
the city in attendance Of court in the
Reeu murder case.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-05-21
PUT UP A HITCHING POST.
Don't Force Ladies to Walk in rIud
Around Your Horse.

Hiphhh
Yesterday j. A. Mays, in ad-
dressing the council, spoke of peo-
pie hitching their horses across the
sidewalk to the fence. The hitch
ing of horses to the fence is in yio-
lation Of the city ordinance, and
yet 1t is done every day in Ard
more. One alderman wanted to
exempt doctors and preachers, but
there was no ordinance to do it.
But there is one thing that every
property owner has got, and that
is a pair of good hands and arms
and ten cents will buy him a post,
and by putting those arms and
hands to work for ten minutes he
can have a hitching post.
And how much better it would
be for every house to have a hitch
ing post. You may not have a
horse or buggy, but if your physi
clan comes to see you he must
hitch his horse somewhere, and if
there is no post he ties him to the
fence.
And if the street should happen
to be real muddy and a lady or
child should come along they are
compelled to split the mud to get
around the vehicle. We know you
would not like to see them do that.
Then won't you plant a post in
front of your house?
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-05-21
The speakins Contest Tonight.

Following is the program for the
w. T. G. T., medal contest to.
night at the Broadway Methodist
church, beginning at O'Clock:
lnvocation-Rev. J. NJ. Gross.
Song-America, audience.
Recitation Praying for Shoes,
Wynn Ledbetter
5ong-Gillie Orme.
observation-disclosures Man, Byr.
die Pruett.
Song-Joe Mason.
Recitation-Sermon In the Saw
Mill, Leons Cox.
Memories OF Galilee - Qartette-
Misses Wynn Phillips and Leonora
Butts and Masters Kinkade and
Holland.
Recitation-To the Work, Gmie
Orme.
song-Edna Mccoy.
Recitation 90 Retribution - Ethel
Nelson.
Song The Inebriate's Lament
Irene Eddleman.
Recitation Farmer Deans Con-
version, Mabtl Jeffries.
Song Bring the Wanderer Home
y atalie Williams.
Recitation - Two Fires, LeonorI
Parker.
Some Good Day-Quartette.
Award OF Medals-Rsv. Black.
Benediction-Rev. Murphy,
Admission free.
MRS. NOBLE,
Supit Mod non uork
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-05-21

We have opened up a brand new
and fresh line of groceries first
door above Coleman's drug store
and earnestly solicit a part of your
patronage, assuring you we will do
our best to please you, both in
quality and prices. Look out for
our hack to call on you.
2l- HARTING & RODDY.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-05-21

Emanuel, Sol and jeanette Low
enstein deserve special attention
for the sweet music they rendered
at the Hargrove entertainments
Emanuel with the piano aud cor
net, Sol the violin soloist and
Jeanette on the piano were hard to
beat and deserve much credit.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-05-21
Reception Committee.

The reception committee is here
by called to meet at the city hall
tonight at s o'clock to arrange a
program for the entertainment of
the Dallas Commercial club. Come
one, come all.
SIDNEY SUGGs, Chm.
7. Y. MORGAN,
j A. MADDEN.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-05-21
Run Over the We'll.

Farley Richmond's team got
scared this afternoon at a moving
train and came laundering up
Main street. They ran completely
over the well in the middle of the
street in front of Heath & James
knocking the curbing about thirty
feet The horses were detached
here, leaving the wagon reared up
against the curb. Fortunately no
special damage was done.
Will Light is now located at Car
ter's barn, phone 107. Bus meets
all trains, day and night. When
Light gets your call you never get
left. 5 I'm
Ask youg grocer for Red Cross
Bag Blue. Large package five
cents"
Don't purchase a freezer or a re.
frigerator before seeing mine.
24tf T. X. KEARNEY.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-05-21
LADY MaCcabees.

The Lady Maccabees will meet
with Mrs. |. r. Mason Wednesday
afternoon at 3 O'Clock. A full at.
tendance is requested.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-05-21

Spragins & Co. have almost a
car of screen doors and screen
wire. Their stock includes many
designs in fancy doors as well as
the cheap doors. 1t matters not
what kind you want Spragins can
please you.