davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-11-14
RI1RY ' DILLON & PENNELL.

RILEY V. DILLON & PENNELL. Oetinue.-(Decided June 30. 1906. q
 So Rep. 76S.)
 l. Sales conditional sales: notes.- A note given in part payment of the purchase price of mare, providing that the title should remain in the seller until the note was ful',' paid. was conditional contract Of sale
 2. Same; breach of con 1t on: righ ts of sel er.-The sel,e- of prope ty un- der a conditional contract of sale, may follow the property and recover The same from the buyer. or a purchaser from the buyer, without offering to place either An statu quo. where tae
The Montgomery advertiser., 1906-11-14
FULLER ct al. V vERNUM. Bill to Redeem Lands from Foreclosure

ie- De ided July 6th. 1sOs.--t ii So. Rep. IT'D. CHS
 l. Mortgages; foreclosure; rcdemp- ton; bill--The bill ayers that the mortgage which was foreclosed was siven tos secure an @ipdebte dness Ul $f7425, on which there was q credit; a sale undor foreclosure and purchase of lands for $200; a tender to the proper parties of $249 for the purpose of re- dempbion Held: Not subject to dis missal for failure to allege q tender of the purchase money, 10 per cent, etc
 ?. Same; possession.-The bill al- leges that the lands mortgaged was the homestead of complainant's father. who died in possession thereof the same year of the foreclosure; that 1t
 all the land owned by the parent. and did not exceed 160 acres in area, or $2.000 in value, and that the parent owned less than sI.000 worth of ner- sonal property; that the parent left . widow and seven minor children, of whom complainant was one. Held: Thc bt,l was not subject to motion to dis miss for failure to aIlege who was in possession of the land at the time of foreclosure, or of the filing of the biiT
 3. Same; surrender of possession.-- Until demaLd has heen made by the purchaser, or his vendee. for possession of the land sold under the mortgage, 70 duty restsl upon nnA in possession to surrender as a condition precedent to such one'sNright to redeem
 Appeal from Houston Chaucery Court.
 Heard before Hon. w. L. Parks,
 Affirmed. Opinion by Tyson, ].
 Weakley' c, J., simpson and Ander- son, JJ, concur.
The Montgomery advertiser., 1906-11-14

conditions of paymenk in the note had not been complied with.
 s. Infants: contracts. defense of homage; availability.--The defense of infancy, being personal privilege. cannot be avalled of by any assignee of the infant or by his privies Tn es- tate.
 Appeal from Geneva County Court.
 Heard befovA Hon. P. N. Hickman.
 Affirmed. Opinion by Haralson, J.
 Weak1ey, c. l.. and Dowdell and Denson. JJ.. concur.
The Montgomery advertiser., 1906-11-14
FULLER vs. THE .iTATE. E..- l- a

Murder.-(DecIded July 9th, 1908. fl
 So. Rep. 774.)
 l.. Homicide: evidence.-Tt having been shown that deceased was killed were fired at the time of the killing [ and that two empty shells bearing. a | certain mark were found near the place of the killing; that at he time of the arrest of defendant and his CO., defendant number of shells were found on defendant. some ! bearing the certain mark the shell" found near the place of the killing were admissible In evidence as tend . other evidence. that defendant fired them on the occasion of .he Filling. Witnesses; competency; convic- tion Of felony; credibility.-.A convic- ton for a felony, whether statutoi or otherwise, may be shown for thr purpose Of affecting the credibility of a witness under Section 1795. Code 1896. and thls may be shown by oral proof without the production of tn . record
 3, Criminal law; instructions; ab- stract charges-As evidence of whpth- CT witness was or was not guilty of the commission of a felony of whish he admitted he had been convicted. would not have been competent, If of u charge predicated upon he iurys be- lief of his innocence of the crime. was abstract and otherwise erroneous.
 {. Same: trial; remarks of counsel.
 The solicitor said to the jury: 'You can tnke that gun. which is in evil dence and try the gun on the two she Ills in evidence, and put one shell In each barrel of the gun and snap f and see if it does not make the same impression on the caps of the two smells. and in the same place on the caps as Is made on the caps of the two empty shells in evidahce; and invite yoH. gentlemen. to make the experiment when you retire to the room to make your verdict" Held not error to refuse to exclude these remarks in view of the tendencies of the evidence
 Appeal from Bibb Circuit Court.
 Heard before Hon. B. M. Miller.
 Affirmed. Opinion by Tyson, J.
 Wsakley. C. J.. Simpson and Ander- son. JJ. concur.
The Montgomery advertiser., 1906-11-14
THE STATE 7, SYKES: ,,,

THE STATE V. SYKES. Habeas Corrus.--t Decided July 6, 1908.
 q So. Rep. f1I.)
 1. Criminal law; bail; appeal by |; .. ceptions.--It is not necessary to show. on an appeal by the state from a Judgment on habeas corpus ad- hitting a prisoner to hail. under Sec tion 45i4, Code. 1896, that an exception was reserved on the trial to the rem. dition of the judgment, especially when the Judgment rerites notice of arpeai given by the State at the time of the rendition of the judgment.
 g. Same: tfme.---Where the bill of exceptions was sisned within the time fixed by the court. and within the thirty days allowed bN Section 43i6, Code 1898, it was slgned in time and the anpeai taken In time.
 g. Same: osnitting evidence: review This court will not, on apneai. r"- view the Judgment of the lower court nn the facts. where the bill of excep- tions does not purport to set out all Appeal from crenshaw Probate
 Heard before Hon, F. Nj. Tankers-
 HHirued. opinion by Dowdell. J. weakiev. c J.. Anderson and Dem son, JJ.. concur.
The Montgomery advertiser., 1906-11-14
co111Ns v. THE srATE.

Selling Liquor without License .--(Der
 cIded June 30. 1906. 41 So Rep.
 672.)
 Criminal law; appeal; judgment by confession for fine and costs.-Where the record of the judgment entry does not show a judgment of conviction, but only a judgment of confession for the fine and costs, such judgment VIII not snonort an appeal under Sec. 43I3. Code of 1896.
 Appeal from Marengo Circuit Court. Heard before Hon. John T. Backland Appeal dismissed. Opinion by Den son. ].
 Weakley, c. J.. Haralson and Dow dell. JJ.. concur.
The Montgomery advertiser., 1906-11-14
BAILEY V. GARY, KENNEDY & co. Action on Note.--(Decided April 12,
 1906.' 41 So. Rep. 672.

Appeal; harmless error; decision cor rect on merits. Where 1t appears with out conflict that the successful party in the nisi lrlus court was entitled to affirmative instructions, the rulings Of the trial court on special pleas and testimony will not be reviewed on ap- peal
 'RehearlnE denied June 30. 1906.
The Montgomery advertiser., 1906-11-14

for failure to work the public road after warning.
 3. Samr; road duty; llability.--Tae payment of street tax In an incorporat- ed town or city is in substitution fop road duty, and a person cannot be made liable to do both for the same period
 Appeal from Hale County Court. Heard before Hon. W. c. Christian Simpson, J
 Weakley. c. J., Haralson and Den son. JJ. concur
The Montgomery advertiser., 1906-11-14

COLLIER VS. PJ@ slSf1. Bill to Annul Decree Obtained by
 Fraud and Misrepresentation. (De-
 clded May 19, 1906" 4I So. Rep.
 772.)
 l. Judgment; equitable relief; meri- torious defense.---In order to obtain equitable relief against decree on the grounds of fraud, the complainant must show that he had Q meritorious defense which can be established by evidence upon another trial. that the Judgment was taken by fraud of re- spondent, and that complainant was mot negligent.
 9. Same; evidence; sufiiciepcy.--The evidence considered in thls case and held insufficient to show fraud or the absence of negligence on part of com plainsnt
 sRehearing denied July 6, 1906.
 Appeal from Pike Chancery Court.
 Heard before Hon. W. L. Parks.
 Reversed and rendered. Opinion by Simpson, J.
 weakley. c. J. Haralson and Dow dell, JJ., concur.
The Montgomery advertiser., 1906-11-14

ALLEN ET AL vs. BROMBFRG EFT AL BIii to En1oin the Probate of Will.
 Decided April 2s, 1906." 41 So.
 Rep 77t.)
 l.. Wills: contract to make will; en- forcement---A court of equity will in- force a valid agreement made by a person to dispose of his property by will in a particular way. 2. Same: remedies for breHch.--A valid contract for the disposition of lproperty by will in particular man. Ener can only be enforced by fastening "a trust on the property of the person making the agreement, on testator's death in favor of the promisee. and enforcing 1t against the heirs and per sonal representatives of the testator, Tor those holding under them. charged | with notice of the trust The will Is not set aside. but the executor. heir
 or devIsee is made trustee to perform ithe contract, hence 1t Is necessary thai
 the will be first probated, else 1t can bnot be recognized.
 1 g. Same.--A person made contract Ito execute a will containing certain provisions and naming certain persons las executors. which contract was per formed. Thereafter this will was re lvoked by the execution of another will Icontaining different provisions, bu J naming same executors
 II Held, this fact did not give the bil EequIty, as the contract could not b' T enforced by setting aside the last wil and probating the former, as 1t wal
 revoked by the execution of the late
 will and can be revived only by tn 'l expressed intentions< of the testatol himself. Sections, 4264, 42s6, Cod' | 1896.
 sRehearing denied July 6, fSO6. I Appeal from Mobile chancery Court | Heard bafore Hon. Thomas H. Smith Reversed and rendered. Opinion lby Denson, J.
 i Haralson, Dowdell and Anderson, u.
The Montgomery advertiser., 1906-11-14

the third person in the possession of the land at the time of the conveyance had filed a claim under such secti ns. 4. Same, issue and proof--Wh the complaint, in an action for breach of warranty alleged that at the time the deed was executed to plain tiff, third persons had title to and was in possession of the land, proof of the adverse possession of such third person. without proof of his ti- tle.. was sufficient to authorize re- cnvery. !. Appeal from .Covington Circuit Court.
 Heard before Hon. John F.. Hubbard a Affirmed---opinion oy Simpson. J. :
 Weakley, GU, Tyson and Anderson, JJ.. concur
 CREEL vs. KEITH. Ejectment---( Decided June 30. ls0s--41
 So. Reli. 7S0.)
 |. Dispositions; objection on trial Where no objections were entered to the interrogatoriess and the answers of the witness are responsive to the questions objections to the answers and motions to exclude. them come too late when not mad until trial
 g. Vendor and pnrchaser; bona fids purchasers: notice-M. mad no recorded title, but joined in a deed executed hy J. to F., which. together with the con structlye notice furnished by Q record. ed mortgage from M to F.. on the same land, was sufficient to put the gran. tee of F. upon inquiry which would lead to knowledge of the unrecorhed deed executed by J to M. on the land and subsequent purchaser of the grantee, in whose chain of title was such ded is charged with the same notice.
 Appeal from Geneva Circuit Court.
 Heard before Hon. H. A. Pearce.
 Affirmed--O. inion by Dowdell. J.
 Weakley. c. J, Haralson and Dsn- son, J,J., concur.
The Montgomery advertiser., 1906-11-14
(ONCERNS CLASSIFIED ALPHABETICAIEY
DRUGGISTS.

8. C. Spanm.
 Pure Virgin UIive OIL Best in the world for eaiad9 100 Dexter Ave. Phone ss.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13

DIR. T. NJ. HENDERSON. PHYSI-
clan and Surgeon. Office in Saw
ings Bank building, room l.. Office
phone, main 1411; residence, main
1861.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
Caldwell Closed ON Sunday.

Sunday was the first day in the his.
tory of Caldwell when the saloons
We're all closed from midnight the
night before until Monday morning,
and was the beginning of the Sunday
closing ordinance. The saloon men of
the town compiled strictly with the
law, keeping their curtains down and
their premises locked. The town was
exceptionally orderly and quiet and
while there were many people on the
street they were not full of bug
Juice" talking loud and profane. as
IS usually the case and there were no
drunks staggering around to molest
the peace of the community.
We are sure our people will con-
slider Sunday closing the best thing
for the town and will gladly welcome
1t or any other reform for the best in
terests of Caldwell and her citizens
Caldwell News
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
ATTORNEYS.

STEPHEN A. LOWELL, ATTORNEY
at Law. Office in Despair block.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
Denouement In Baruth Case.


Mrs. Josephine Baruth, waiting trial
in the Spokane superior court on a
charge OF numbering c. l.. Baruth, is
said to have been a divorced woman
at the time she shot Baruth In their
home. Mrs. Baruth was divorced
from Baruth 10 years ago in Minneso-
ia. They lived apart about three
years.
When asked today II they were re-
married and when. she said: '"I
can't talk about that until after the
trial" Friends, however, say that
they understand there was no second
marriage. 1t Is said Baruth started
off to town with her for the purpose
of remarrying, but before they reach
ed there he changed his mind and
told her marriage ceremony was un-
necessary because the divorce was IL
legal; that to satisfy her, he took
her to lawyer who told her the d.
vorce was of no effect. Later. 1t is
reported by friends, Mr.. Baruth said
said anything about it. They lived
together as man and wife for about
seven years just prior to his DEATH
one child was born to them during
this time. He had an insurance pol
icy made out to her as wife, and he
recognized her everywhere as his
wife. The insurance policy he sur
rendered shortly before he died.
Spokesman-Review (Medical Lake
Corr
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
Boise River Is High.

Everybody in Boise is complaining
today about the disagreeable unsea-
sonable weather. Much December
weather here is unusually more agree
able than the brand sea out today In
Boise. But there is always a COM
pensation somewhere. The river has
been rising so rapidly of late, that a
day or two more of warm weather
would have sent a heavy overflow
across Central addition, that might
have done irreparable damage. The
present stage is higher than ever be-
fore known at this season of the year.
1t is about stationary today, and by
evening, on account of the cooler
weather, II will no doubt fall rapidly.
Boise Capital News.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
Land Boom Around Pasco,

Sixteen acres of land on the Col
umbia river. south OF town. sold this
week at $3.50 an acre. Lots between
the town and the river are selling at
higher prices than prevailed during
the boom of a year ago. Several real
and today. The railroad activity here
abouts is causing lots to rise rapidly
in value. The passing of the Palouse
project has had no harmful effect on
land values, which have steadily ad-
vanced since the unfavorable report
was made.-Spokesman (Pas-
co CorO
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
Among the Exchanges
Of the Inland Empire

tors. At the point where the cave-in
occurred and along the ground over
the tunnel for a considerable distance
was a basin, which the rain Of Sat-
urday night and the melting snow
turned into a lake. The water found
a hole in the bank and seeping
through undermined the timbers sup
porting the roof and for $50 feet the
tunnel is total wreck.
The cave-in is a serious one and
will entail considerable work to clear
away the debris and repair the tun-
mel, and is lamentable because 1t is
feared the completion of the ditch
may be elayed.-Emmett Index.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
WEAK, WEARY WOMEN.
learn the Cause of Daily Woes and
End Them.


When the back aches and throbs.
When housework is torture.
When night brings no rest nor
sleep.
When urinary disorders set in
Women's lot is weary one.
There is n way to escape these
woes.
Doan's Kidney Pills cure such ills.
Have cured women here in Pendle-
ton.
This is one Pendleton woman's tes-
timony:
Mrs. B. S. C. oliver, of 612 Maple
street, Pendleton, Ore, says: "It is
now nearly two years since | have
had any occasion to use Doan's Kid
ney Pills. Prior to that time I had
my share of kidney trouble, and il
there is anything that causes more
misery than a disordered condition of
the kidneys. accompanied with back
ache, tired and listless feeling and
restlessness, l have yet to experience
1t. Doan's Kidney Pills, which l pro-
cured at Pendleton Drug company's
drug store, brought me eptire freedom
from the pains, aches and lameness
regulated the action of the kidneys
and restored ambition to me so that
could get around and attend to my
duties without discomfort. 1 do now
and always will recommend Doan's
Kidney Pills to those suffering from
kidney ailment in any form"
For sale by all dealers. Price SO
cents. Foster-Milburn Co, Buffalo,
New York, sole agents for the United
States.
Remember the name-Doan's-
take no other.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
Canal Tunnel Caycd In.

Sunday morning $50 feet of tunnel
No. l OF the Canyon canal. caved IN.
crushing the timbers and filling the
ditch with large mass of rock and
dirt. Fortunately no one was working
there ut the time or there would un-
doubte1ly have been loss OF life.
Tunnel No. l is located at Plow-
mans and is 1900 feet in length.
Nelson & Peck are the ub-contrac-
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
OSTEOPATIIS.

DRS. G. S. & EVA HOISINGTON.
Graduates, Kirksville school. Suite
1912 Despair block. Phone red
31S1. All diseases treated.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13

FOR SALE CHEAP-S2O ACRES G
miles from Athena, mile from ware
house, half in winter wheat growing
fine; good buildings, well, and wind
mill; half cash, half on long terms.
Box ., Helix, Oregon.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
Enormous. Growth of Postal Business

The business of the Boise postof-
flee has increased in volume 200 per
cent since 1904, according to a report
received here yesterday by Postof-
flee Inspector C. L. Wayland, in
charge of the Spokane division. In
this respect Boise leads every city in
the northwest division, including the
states of Idaho, Montana, Oregon,
Washington and the territory of Alas
ka. with the exception of Seattle. The
gain in the business of the Seattle Of
to be 201.9 per cent.
According to the same report Bel
lingham, Wash, becomes a first-class
postoffice city beginning July l.
Boise Statesman.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13

DIR. NJ. S. KERN, DENTAL SUR
geon. Office, room Is Judd build
ing. Phone red 1901.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13

i4O ACRES OF GOOD WHEAT LAND
miles north of Athena, at $40 an
acre. Terms. Craighead & Hayes,
Athena
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
PAGE SEVEN.
DANCING LESSONS.

PROF. W. H. BoULEY's SCHOOL
OF fashionable and society dancing.
Beginners class and dance starts
Wednesday evening, April IL. All
fashion plate dancing taught. For
particulars call on Prof. Bouley at
Hotel st. George. Glasses are now
forming. Children's class Saturday at
2 p. m. Private lessons by appoint
ment.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
Bees I'm Alaska.

Bee raising in the interior (
Alaska is the latest Morrell Il. War
rem, Portland man will ship north
on the steamer oregon nine swarms
of bees for Seward. AT the northern
town he will take his honey produc-
ers and go into the interior. 100 miles
from Seward. Flowers are in bloom
in the Sushitna valley longer than on
the coast. Mr.. Warren expects to ul-
timately have one of the best paying
businesses in the north.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13

There is more Catarrh In this section OF
the country than all otner diseases put
together, and until the last few years was
supposed to be incurable. For great
many years doctors pronounced II local
disease and prescribed local remedies, and
by contantly falling to cure with local
treatment, pronounced II incurable. Sci
ence has proven Catarrh to be a constltu
.. nal disease and therefore requires con.
stitutionA treatment. Halls Catarrh Cure
manufactured by II. ]. Cheney Il Co, TO
ledo. Ohio Is the only constitutional cure
on the market. 1t Is taken internally In
doses from ten drops to n teaspoonful. II
acts directly on the bloo, and mucous sur
faces Of the system. They offer one hun
dred dollars for any case 1t fails to cure
Send for circulars and testimonials.
Address Il. ]. CHENEY 4 e., Toledo, y.
sold by all druggists, zoe.
Take Halls Family Pills for constipation
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
Frnnk Saling for Clerk

To the Voters of Umatilla County:
hereby announce my candidacy for
the republican nomination for the Of
flee of county clerk under the direct
primary law, subject to the decision
of the voters. FRANK SAILING,
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
G. w. Brown for Sheriff.

To the voters of this county: /
hereby announce myself a candidate
for the republican nomination for
sheriff Of Umatllla county, subject to
your decision at the primary election
April 20. GEO. w. BROWN.
Pendleton.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
BANKS AND BROKERS'.

THE PENDLETON SAVINGS BANK
Pendleton, Ore. Organized March
/, 1889. Capital, 100000: surplus,
100000. Interest allowed on all time
deposits. Exchange bought and sold
on all principal points. Special at
tention given to collections. w. j.
Furnish, president; T. j. Morris vice.
president; j. w. Maloney, cashier;
Fred Schmeer. assistant cashier.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
George Buzan for Treasurer,

To the Voters of Umatilla County:
| hereby announce myself as repub-
lican candidate for the office of coun-
y treasurer, subject to your decision
at the primary election.
GEORGE BUZAN,
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13

The East Oregoninn Is Eastern Ore
gon's representative paper. 1t leads
and the people appreciate II and show
II by their liberal patronage. II "a
the advertising medium OF this section
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
ParIkcs + r Justicc of Pe,ce.

1 hereby announce my candidacy
for the republican nomination for jus
tice of the peace of Pendleton dis
trict subject to the pleasure of the
voters, April 90. JOE H. PARKES.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
Fred W. Hendley for Recorder.

Candidate for republican nomina-
ton for recorder of conveyances.
guarantee accurate and legible rec
ords, prompt service and courteous
treatment
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
HOTEL PORTLAND
PORTLAND, OREGON.

American plan, SO per day and up
ward Headquarters for tourists and
commercial travellers. Special rates
made to families and single gentle
men. The management will be pleas
ed at all times to show rooms and
give prices. A modern Turkish bath
establishment in the hotel.
H. C. BOWERS. Manager
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
e. j. sommeryille for Sheriff.

To the Voters of Umatilla County:
l hereby announce myself as a candi-
date for the republican nomination
for sheriff, subject to your decision,
at the primary election.
E. ]. SOMMERvILLE.
Pendleton, March 6.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13
FIRST NATIONAL BANK OF PEN.

FIRST NATIONAL BANK OF PEN
deton. Capital, surplus and undi-
vided profits, $3.50. 100000. Transacts
a general banking business. Exchange
bought and sold on all parts of the
world. Interest paid on time depos-
its. Makes collections on reasonable
terms. Levi Ankeny, president; w.
+. Matlock, vice-president: G. NJ.
Rice, cashier; George Hartman, Jr.,
assistant. cashier.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-13

Des Moines, April, 12.-The insur-
ance commission met today and be-
gan investigation of the Iowa insur-
ance companies.