davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-01-12

HowIsoN V. BARTLETT. FIT AL. Bin in Equity for Specific performance
 of Contract.--Appeal from the
 Chancery Court of Bibb.
 i. Specific performance of contract for sale of land; indehniteness of de- scription.-Neither the statute of frauds nor any principle governing specific performance requires that be- fore a written contract for the sale or land can be enforced, the description of the land must be fso definite as to preclude the necessity for resort to extrinsic evidence to render the given description certain; but though such Q contract does not of itself indicate with certainty the quantity or precise location of the land intenNed to pc sold. if the description given renders the property capable of Identification hy means of survey, such contract if otherwise valid, can be specifically en- forced.
 2. Same; stipulation as Co survey.-- Where in a contract for the sale of land. it is provided that there should he d survey of the land, as an incident of the sale and for the purpose of measuring and marking out the prop erty constituting the subject matter or the contract, the making or the sur yey so provided for is not essential 10 inc completion of the sale; and the failure to have the lands surveyed con stitutes no ground for refusing specif- ic performance of the contract.
 Decree affirmed.
 opinion by Sharpe. J.
The Montgomery advertiser., 1905-01-12
sHEA '. MANNrNa.

SHEA V. MANNING.
 Action to Recover Damages for Per
 sonal Injuries.--Appeal from the
 Circuit Court of Mobile.
 I. Pleading and practice; when rul- ings upon the pleadings without injury. Where in addition to general repli- cation to a special plea, the plaintim files special replications to said plea, and the defendant moves the court to strike said special replications from the file, upon the ground that the facts averred therein were probable under the general replication. if the court should err in overruling the motion to strike 1t is error without injury.
 g. Action to recover for personal in- juries from walls or ditch caving in; {; contributory negligence.--In an action to recover damages for personal in- juries resulting to the plaintiff from a ditch or trench in which he was working caving in by reason of the walls of said ditch being imperfectiy braced, the evidence showed that the walls were not properly braced, and that the plaintiff knew this; that the walls were likely to cave in. and plaint- if was aware of this fact; that the ditch was from four to six feet in depth; that in the event the wall caved in, the earth would not. in all prob/ ability. cover a man; that plaintiff was laying pipe, and was in stepping po- sition when the walls of the ditch caved in upon him. and there was greater precipitation of earth than on any. other occasion; that by reason of the plaintiffs shovel, which he had been using. sticking up near him, the falling earth forced his body against the handle of the shovel and injured him. Held: That 1t cannot be said. aA a matter of law, that the danger of being where the plaintiff was was so apparent and so great and imminent that no ordinarily prudent man would have been there, and that, therefore, the plaintiff was guilty of negligence which proximately contributed. to his injury.
 Affirmed.
 opinion by Mcclellan. c. J.
The Montgomery advertiser., 1905-01-12
Bay BIinette PythIAns.

Bay MInette. Jan. IT. .--(SpecIaI. )-- The officers of Cecil Lodge No 169, Knights of Pythias. were publicly In- stalled here last night by Lodge Dep- uty J. NJ. Armstrong. Hon. c. R. Bricken, Past Grand Chancellor. made an address on Pythianism. For about an hour he held a large audience, mak- ing what every one says was the best speech on the subject ever heard here. The lodge Is in prosperous condition and in fact 1t has the greatest number of members from a population stand point of any lodge in the State, while new members are being taken in at almost every meeting.
The Montgomery advertiser., 1905-01-12
HeAd-Notes Qf the Decisions
 Qf Alabama Supreme Court

passes.-where an article of merchan- disc is sold to a purchaser on approval, and 1t is stipulated between the par ties that the transaction Is to become a sale, if, after receiving the merchan- disc and examining and testing 1t, the purchaser should be satisfied with It's quality, and until such time the title thereto should remain in the seller. such transaction constitutes condi- tional sale; and if the goods are never received. by the purchaser, and they are never examined or tested by him. the title to the goods remains in the seller.
 3. Action of trover; judgment of court without jury.--In an action of trover, where there is conflict in the evidence as to whether or not the plaintiff made demand for the prop. erty upon the defendant before the in- stitution of the suit, and the defend- ant refused to surrender such property. if the cause is tried by the court with- out the intervention of a jury, 1t can- not be said that the judgment in favor of the plaintiff is erroneous.
 Affirmed.
 Oninion by Mcclellan, c. J.
The Montgomery advertiser., 1905-01-12
Rubber Boots.
Umbrellas.

Keep the rain off for little money We have good Umbrellas at almost any price from SLoo up. Well and serviceabIy made.
The Montgomery advertiser., 1905-01-12

LOUISVILLE & NASHVILLE R. R. co.
 V. KAUFMAN & co. Action of Trover.-Appeal from the City Court of Birmingham. 1. Conditional sale; when title
The Montgomery advertiser., 1905-01-12
MUscoGEn COUNTY FARMERS

Opinion by Mcclellan. c. J.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
Where Are Thew

What has become of the old-fash-
Toned man who carried a shot bag in
his pocket to keep change in?
Who wore barn door trousers?
Who kept a bootjack to pull off his
boots?
Who had his trousers lined with un-
bleached muslin?
Who wore a long linen buster when
travelling?
Who carried an old fiat carpet bag?
Who CREASED his boots on Sunday?
Who wore a shawl?
Who wore a watch cord with a watch
key fastened to it?
What has become of the old-fash-
Toned woman who kept a bodkin in her
work-basket?
Who baked custard for tea when she
had company?
Who made impressions around the
edge of pies with a key to make them
look fancy?
Who wore calico s%un-bonnets with
pasteboard stats in them?
Who wore Shaker bonnets?
Who seasoned apple pie with all
spice?
Who used indigo to blue the water
when washing clothes?
What has become of the old-fash-
Toned people who poured tea in the sau-
Ger and blew on it to make it cool?
VINO drank sassafras tea in the
spring to purify the blood?
Who had to learn to like tomatoes?
Who saved old rags to trade off to
the tinware peddler?-Ex.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
How the Editors Get Rich.

After a good deal of study and work
we have at last figured out why SO
many country editors get rich. Here is
the secret of success: a child is born in
the neighborhood, the attending physi-
clan gets $25, the editor gives the loud
lunged youngster and the happy parents
a ''send off" and gets 500. 1t is chris
tened; the minister gets $40 and the
editor gets 500. 1t grows up and mar
ries; the editor publishes another long
winded article and tells a dozen lies
about the beautiful and accomplished
bride, the minister gets $40 and a piece
of cake, the editor gets 5000. In the
course of time it dies, and the doctor
gets from $25 to 500, the minister per-
haps gets another $15, the undertaken
gets from $50 to 500; the editor pub
fishes a notice of the death and an
obituary two columns long, lodge and
society resolutions, a lot of poetry and
free cards of thanks, and gets so, 900.
No wondor so many country editors get
rich Fx
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
Start a Bank Account.

Deposit your money in a bank, in
your home bank if you have one, and if
not in the nearest bank to you. Even
If a man is content with his savings
n never wants to invest, he should
carry these savings to the bank. There
might come a time when he wanted to
get help to make an attractive invest
ment, and if so he would find it all the
easier because of his bank account. And,
a fact worth consideration, the bank
account helps him to economize. There
is every argument in favor of deposit
ing your money in a bank, and not one
for hiding it away about the house or
barns. -~Spartanburg Herald.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
Lucas-.-MilIiken.

This is not a wedding announcement
as the head line indicates, but it is a
sort of divorce proceedings. They are
anxious to get apart, but the conten-
ton is about the baby, the Laurens
Cotton Mill. Milliken asserts that Luz
cas- is not a proper person to have
charge of it and that it should be taken
from him. On the other hand Lucas
claims that the child has grown and
prospered under his fatherly care and
now it is in good healthy condition and
that if it is turned over to Milliken as a
sort of step-father that he will carry
out the old time practice of leeching
and blistering which would tend to
weaken the child and check it's growth.
Carolina Spartan.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
catered st the POS Office at Laurens,
s. @, as second class mail matter.
LAURENS, S. c., Nov. is, 1905.
HEAD OF A FINE NEWSPAPER.

Richard w. Simpson, Jr., "Dick''
Simpson the sound is good and familiar
in Laurens) is now editor of the Raj
eigh, N. c., Times, a newspaper which
has lately absorbed the Raleigh Post
and is one of the strongest, most
widely circulated and best backed
journals in it's great state. Mr.. Simp-
son recently resigned the editorship of
the Greenville News. In hat position
he has made reputation and he proved
too strong a man for that paper to
hold. 1t was recently stated that since
he went to Raleigh efforts were made
to bring him back to Greenville, as The
News under its new owners is to be
greatly improved and enlarged, and the
statement is doubtless true, as in
our Judgment ct least, no newspaper
man has been connected with the news
work more faithfully and with more all
round ability. We regret that he can
not be induced to return to Greenville,
for he knows our people and they know
him and trust him.
All this is of special interest in Lau-
rens because Mr.. Simpson is in g sense
a Laurens boy. His father is Major
r. w. Simpson of Pendleton and his
grandfather, who many years ago was
a member of Congress, was a brother
of the late DR.. John w. Simpson of
Laurens. His mother is a sister of Mr..
Creswell Darlington and Mr.. S. D.
Darlington. Therefore Laurens has ar
interest in this young, virile and able
South Carolinian and will watch him
climb to an even higher place than that
which he has already won. We SHOULD
have r~ejoiced if he had accepted the in.
vitation to return to South Carolina but
since we can't have him in Greenville
we are glad that he does not cease tc
be a Carolinian. South Carolina will
always claim him.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
Thanksgiving for the Orphans.

Sitting in a low-country Church at
one of the Associations today / was
greatly impressed with the increased
prosperity of our people. They seem
neve to have been in as good a condi-
ton. Cotton is away up, and everybody
feels good. | am wondering how this
feeling is going to affect the thanks
giving offerings the last Thursday in
November. This is understood to be a
time on which the orphans shall al
ways be remembered.
Shall the collection for their benefit
this year reflect the gratitude that the
people feel for their prosperity? Shall
they give the Lord the thanks for the
good things of life, and express them
in a practical way?
/ appeal to every pastor who shall
conduct a thanksgiving service that he
shall ask for a contribution for the or
phans. We have 200 in family now,
and the needs are very great. Let the
people have an opportunity to help in
this great and important work.
A. It. JAMESON,
Supt.
Greenwood, S. C..
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
should we Drop Our peIicIesa

Golfers for November IL says: The
wisdom for dropping policies is a topic
on which inquiries are being constantly
put to us, and although we have an
swered them often, it seems necessary
to repeat again. would you advise
one to drop a policy with the New York
Life in this case: My policy is for So, 600,
twenty years paid life. 1 have only had
it one year, therefore paid two yearly
payments of $40 each. OF course, it is
a long time yet to pay, but if felt
sure that the New York Life is all o.
X. l wouldn't care. Would like to know
just what you think of this" The three
big companies and other smaller ones
need Improvement, and certain officials
have committed outrages so gross as to
call for severe penalties, but that all
three companies are sound we have no
doubt, and we advise everybody against
sacrificing policies from a fear that any
of these institutions is going to fail. All
we have to do is to work hard to get
the facts, give punishments that will be
a warning, and institute reforms
founded on these Investigations. De-
ferred dividends should be abolished.
Costs of wild competition should be
done away with. Investments should
be restricted. Accounting should be
more regular. Probably the size of
companies should have a limit. On
whether the States or the National
Government will ever be forced into
the business of insurance themselves
our minds must remain open until it is
seen how far private methods can be
improved. Another question likely to
remain for a time is the future of
frankly money-making stock companies.
One of the reforms of which we are
most convinced is a generous payment
to directors. Each of them should re-
ceive so much for each meeting that he
could be expected to do his work with
out any justification for seeking profits
on the side.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
FROM THE LAURENS DRUG COMPANY
Offer to Refund Money if Hyomei Does
Not Cure Catarrh.
To the Editor of THE ADVERTISER.

To the Editor Of THE ADVERTISER
We have been asked recently if the
advertisements printed in your col
umns regarding Hyomei were true,
where we offer to refund the money if
this treatment does not cure catarrh.
We wish you would please print this
letter IN as conspicuous a place as pos
sible in your paper, saying that we alb
solutely agree to refund the money to
any purchaser of a Hyomei outfit if it
does not cure catarrh.
This outfit consists of an inhaler of a
convenient size to be carried in the vest
pocket so that the user can breathe
Hyomei four or five times daily. With
this is included a medicine dropper and
a bottle of Hyomei. The outfit sells for
$l.OO and is a most economical treat
ment for the inhaler lasts a lifetime
and there is enough Hyomei for several
weeks use, while extra bottles can be
obtained for so cents.
We trust this letter will settle any
doubts that may have arisen as to our
Willingness to refund the money for a
Hyomei outfit, in case the purchaser is
not perfectly satisfied.
We wish to say emphatically that our
guarantee on Hyomei holds good, and
we will refund the money to any dis
satisfied purchaser who simply states
that he has used the treatment accord
ing to directions and not been helped.
Respectfully yours,
LAURENS Drug Co.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
j. N. LEAK
Gray Court, S. c.
Money to Loan.

Loans negotiated on improved farms
in Laurens County at z per cent inter
est on $1,000. and over, and 8 per cent
on smaller amounts, secured by first
mortgage. Easy annual payments. No
commissions. Borrower to pay for alb
of title.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
Terrific Race With Death.

death was fast approaching"
writes Ralph F. Fernando, of Tampa,
Fla, describing his fearful race with
death, as a result of liver trouble and
heart disease, which had robbed me of
sleep and of all interest in life. L had
tried many different doctors and sew
eral medicines but got no benefit until
l began to use Electric Bitters. Sc
wonderful was their effect, that in three
days felt like a new man, and today ]
am cured of all my troubles" Guar.
anteed at Laurens Drug Co. and Pal
metto Drug Co.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
WHAT ABOUT COTTONp

While we believe Laurens farmers
should stand faithfully by the Southern
Cotton Association. hit or miss. sink or
die, survive or perish, we do not advise
them to speculate. Eleven tents cotton
is high priced cotton. Cotton may be
higher and it may be lower. The re-
ports about the size of the crop are con
f1icting. We are satisfied that the crop
in this State might have been worse.
Farmers who make or lose by holding
for more than eleven cents willn not have
Mr.. Jordan and Mr.. E. d. Smith to
praise or blame.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
IN SELF DEFENSE.
Hearken to Bro. Dcndy on His Sever.
teenth Anniversary.

With this issue The Clinton Gazette
completes it's seventeenth year. We
therefore salute VI friends, thanking
one and all for past favors and only
ask that a long list of dead-heads, alias
delinquents. show cause, if any they
have, why they should not be knocked
down, stripped of their raiment and
left for dead. These blessings we ask
in self defense, Amen. The Gazette,
Nov. 9Th.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15

All able-bodied male citizens between
the ages of 81 and 60 years are liable
to pay a poll tax of $1.OO, except old
soldiers, who are exempt at so Years.
Computation Road Tax 81. 90, in lieu of
working the public roads, to be paid AT
the time as stated above.
j. III. COPELAND,
County Treasurer.
Laurens, S. c., Sept. &c, 19O5-td.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15

We have in stock the largest line of
fancy china that we have ever shown
and at prices that will be to your inter-
est to see our line before you buy.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15

We are showing a beautiful line of
couches covered with upholstery in diff
ferent colors and imitation of leather at
prices that will be to your interest to
see our line before you buy.
The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-15
Notice of
County Treasurer.

The County T~reasurer's Books will
be open for collection of State, County
and Communication Road Taxes for fiscal
year 1904 at the Treasurer's Office, from
October 18th to December 3lst 1905.
Those who prefer to do so can paw in
January, 1906, with one per cent. addi-
tional; those who prefer paying in Feb
ruary, 1906, can do so with 2 per cent.
additional; those who prefer to pay in
March, 1906 to the 18th of said month
can do so by paying al additional z per
cent. After said date the books will
close.
All persons owning property or pay
ing taxes for others in more than one
township are requested to call for re-
cG:eipts in each township in which they
live. This is important, as additional
cost and penalty may not be attached.
Prompt attention will be given those
who wish to pay their taxes through
the mai by checks, money orders, etc.
Persons sending in lists of names to be
taken off, are urged to send them early
as the Treasurer is very busy during
the month of December.
The Tax Lew is as follows.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27

Uncle Josh Perkins will undoubt.
edly attract large audiences at the
opera house. when 1t is produced there
Wednesday night, as the piece has
proven one Of the most popular of all
rural comedies that have been produc'
ed in recent years. While Uncle
Josh Perkins" has a most interesting
plot. the lines are well written, the
characters well drawn, and the action
natural and not forced. To add to
the production, Frazee & Bay have
equipped it with complete scenic en-
yirCnment while the acting company
is made up of the very metropolitan
talent ana includes a number Of we.
known local favorites.
"Uucle Josh Perkins" Will be seer
here Aug Goth
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27
PROSECUTING ATTORNEY.

MIR. Johnson's Second Term Nearing a
Close-An Admirable Official.
The second term of w. b. Johnson
as United states district attorney OF
the Southern district will expire In
January 1906. n Is said that Assls.
tant Attorneys D. T. Humphrey and
c. o. Bum and also II. ~ Carr of
Pauls Valley will De applicants TO sue.
cced Mr. JohnOsn.
Mr. Johnson has faithfully executed
the law without favoritism. He is ad-
mirod by both Republicans and Dem
ocrats. 80 charges have ever been
made against him as an official and
If he is an applicant TO succeed him
self it will be difficult matter to
wrest the Office from his hands
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27
Gard of Thanks.

We wish to express our thanks pub
licly to our many dear friends and
noighbcrs, as well as Dr.. Mtore, our
faithful physician. for their untiring
aid and sympathy in our recent trou-
BILE. We also wish TO thank all for the
many beautiful flowers and most espe.
cially Selyidca Business College
friends.
AYLMER MOORE & DAUGHTERS
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27
Fifteen per Cent Deterioration.

The government cotton statistician
here in his report to be sent to Wash
inton Monday will state that the pre-
vailing hot weather has ceased the
ravages of the worms, that the crop IS
fruiting well and that Is per cent VIII
cover the loss of deterioration.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27
Friday, Hottest Day.

The government thermometer in
this city Friday registered maximum
temperature of 104, the highest of the
summer. The past week has been an
exceptionally hot one, the temperature
each day being above 100.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27
Notice.

We can furnish plats of any town
ship In the Choctaw or Chickasaw
Nation, giving status of allottee, show
ocation of all postofiices, railroads
md streams.
Blue prints per town 80.
In colors per town s..
Our p'ats show the filing up to daCe
Cf issue.
3-dw.tf INDIAHOMA REALTY CO
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27
CITIZENSHIP.

II you claim citizenship rights nnd
are not on the rolls or have business
before the interior department, write
Immediately to w. W. Wright, regis
tered attorney, Corcoran building
Washington, ID. c, "a
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27

Miss Flaniken has been studying
with Louis Rischar Of Chicago, making
special study of the work 70 oe
given pupils this season in violin and
orchestration. Glass opens Sept. fth.
Studio phone, 1856. 2pu
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27
To Nv Patrons.

| should like to see those person;
wishing their children TO study will
me during the seasons Of 19O5-O6.,
my studio, 223 B ST., 5. w, on Friday
Sept. 1st, in order that everything may
be in readiness for work Sept 4
Only a limited number taken.
ATRELLE FLANIKEN,
Phone 4S6. 2Ott
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27
NEWLAND q KEMP.
J. L. WILSON
FREIGHT, TRANSFER AND
BAGGAGE LINE.
once at American Restaurant.
Residence Phone 72. Office Phone 70.
SIS. Reward.

Got out of lot on b street on the
night of August "a, one bay horse
1874 hands high, right shoulder slight.
ly shrunk, fore top sheared. Finder
please notify me at Walls drug store
and get reward of five dollars.
27-3t DR. c. b. THAYER.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27

X. c. Tucker of Ardmore, represent
ing the Daily Ardmoreite, was here
Monday in the interest OF that publi'
cation. The Ardmoreite Is one Of the
best and most successful daili5s of the
Indian Territory Lindsay News
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27

r. G.. Caldwell has resigned his for
mer position as bookkeeper with r. C.
Randol and has accepted a similar po-
siton with Virgil Landrum, the West
Main Street Grocer, He invites his
friends in to see him at his new place
of business. 22'lm
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-08-27

We offer a reduction OF 20 per cent
on all our low cut shoes for women
except the Wickert & Gardner brand.
20.tf ]. L. HAMILTON & co.