davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-02-13
HACKNEY. EFT AL, vs. PERRY.

HACKNEY, EFT AL, vs. PERRY. Trespass and Trover.--tDeceded Mo-
 vember 2s, 1907. A So. Rep. 1029)
 l. Action; complaint; nature of; bailment.-Counts which allege that plaintiff delivered to defendant certain cotton to be kept for hire. and that defendants received the cotton and agreed to redeliver it to plaintiff on demand; that plaintiff demanded the return of same before bringing suit, but that the cotton, though received by defendant. had never been returned to plaintiff. and that defendants negli- gently lost, misplaced or delivered the cotton or the proceeds thereof, which was thereupon lost to plaintiff, to her damage, etc, are counts in case and contain sufficient averments of negli- gence.
 3. Bailment; cotton ginners; care required.-Where cotton is delivered to ginners to be ginned and stored for hire, the ginners become bailees for hire and are charged with the eXer- else of ordinary care.
 3. Same; negligence; evidence.- Where a bailee for hire of goods fails on demand to re-deliver the goods. or account for such failure. negligence will be prima facia imputed to him and casts on him the burden of show ing that the loss was not caused by want of ordinary care on his part.
 {. Same; remedy.-Where a batlee for hire fails to return goods on de- mands the bailor may sue in assumpsit for breach of contract, or. in case of negligence. In an action on the case, or if a conversion has ocurred, in trover.
 5. Same; complaint; variance.-Cer- tain counts in the complaint charged q ralaftnn from which tle duty to re-deliver the cotton to plain tiff arose, as to both the ginners and one B.. to whom it was alleged ginners wrongfully delivered the cotton, but there was a failure of proof as to any contractual relations between plaintiff and defendant B. Held. a fatal vari- ance as to those counts. notwithstand- ing the rules that in action for tort, where two or more are jointly sued, a recovery may generally be had under proof as to all or to any number less than all.
 6. Action: causes of action; distinct torts.-The complaint alleged that plaintiff delivered cotton to the gin ners and that they wrongfully deliv- cred to B and that B., with knowledge of such wrongful act and of plaintiff s ownership, received the cotton and failed to re-deliver it to plaintiff, though plaintiff had demanded the same before suit, and that oR account of the englgence of defendants plain tiff had lost the cotton so delivered. etc. Held, that the count discloses a contractual relation existing between plaintiff and the other defendants ex- cept B., and none with him, and that his tort, If any, was of a different char acter from that of the ginners, and that the count was fatally defective Co saan aRptnRt different defendants.
 z. Trial; instructions. degree of proofs.-An instruction that before the jury could find in defendants favor on plaintiffs charge against them for converting the cotton, the jury must be satisfied from the evidence that defendants exercised a lawful control
The Montgomery advertiser., 1908-02-13
sPuAKMAN v. VEST.

Ifespasa. November 2S. 1907
 A So. Rep. l021.)
 1. ChatteI mortgages; transfer Of property by mortgagor; right of trans 9erea--Whether the mortgage remains in the hands of the original mortgagee or is in the hands of his transferee, a chattal covered thereby is subject to the mortgage until it is satisfied. ai- though the chattel has been given by the mortgagor to another.
 2. Same.-The fact that the chattel was in possession of donee under a gift from the mortgagor does not afr
The Montgomery advertiser., 1908-02-13
BATTLE vn. THE STATE.

BATTLE vs. THE STATE. Crime (Decided June a7, 1907. 45 So.
 Rep. s7. (Rehearing denied De-
 cember 10. is07.)
 Criminal law; appeal; bill of excep- tions.-The Judgment entry recttes defendant has sixty days in which to an appeal" The bill of exceptions was not signed until after the adjournment of the court at which the cause was tried. Held. the recital in the judg- ment entry was not an extension of time for signing the bill of excep- tions.
 Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. Affirmed. Opinion by Anderson, J. Tyson. c. J., DOwdell and Mcclellan, JJ., concur.
The Montgomery advertiser., 1908-02-13
NEW ORLEANS COTTON MARKrr

New Orleans. Feb. 12-cotton spotn were quiet and steady with prices ur- changed Middling 11%. Sales were Futures opened dull 1 to points above the close yesterday. which was about as due on the cables. Liverpool making a somewhat better showing than expected The holiday in the New york marked in ohservances of Lincolns birthday aided in adding to the dullness which prevailed and trading was in small volume There terest inspots and this proved one of che few builish features of the day, checking the downward course which marked the active list Although no serious factor resulted in a gradual recession in values and at the close. which was steady, the active months were unchangs dto 1 point above the close yesterday.
The Montgomery advertiser., 1908-02-13
BUYERS IN NEW YORK.

Business Men From All Over the Country
 in the Market.
 New York Feb. 12-AIorc than three thousand buyers and business men from all over the country are now in New York with orders for goods of every variety for the spring and summer trade.
 The great Influx of buyers are expected by the jobblng houses here and ts said by nsrchants to bs on evidence of the return
The Montgomery advertiser., 1908-02-13
DAVIS va. THE STATE.

AfA5 Nss 4AAE o1ALG' Arson (Decthed Nov. 2s, 1907. A So.
 Rep. 1o1S.)
 Arson; character of property; dwell- ing house.--A structure intended for a dwelling house when completed. but which was not completed and has never been occupied, is not a dwell- ing house within the meaning of the statute punighing arson in the second degree. Section 4337, Code 1898.
 Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Reversed and rendered. Opinion by Simpson.
 Tyson, C.. Ja Dewdell and Denson, JJ., concur.
The Montgomery advertiser., 1908-02-13
a..erIbed h the, complaint. |. bad on

described in the complaint. is bad on demurrer.
 5. Same; action against the State. "A mere averrnent in q plea. in aswer to complaint In trespass. which states that the trespass was committed by the warden 6f the state peniten- tiary and that his act was committed on behalf or the State Is not author ised to act for the State in the com mission of q tort.
 Appeal from Elmore Circuit Court.
 Heard before Hon. A. H. Alston.
 Reversed and remanded. Opinion by Anderson, J.
 Tyson, Q. J. simpson and Denson. JJ., concur.
The Montgomery advertiser., 1908-02-13
BATTLE, s. vs. THE STATE.

Crime.-lDecided June IS, 1907. 4b So,
 Rep. ss.) tRehearing denied De-
 cember 10. 1e07.)
 Criminal law; appeal.--Where the bill of exceptions is signed after the adjournment. of the court trying the cause and the record shows no order made in term time extending the time for signing the bill in vacation. such bill of exceptions cannot be considered. Appeal from Barbour Circuit Court. Heard before Hon. A. A, Evans, Affirmed. Opinion by Dowdell J.
 Tyson, c. J., Anderson and Denson, JJ., concur.
The Montgomery advertiser., 1908-02-13
sILvEY AND COMPANY vs VERNON
 AND WIFE.

Bill by Existing Creditor To Subject
 Land Conveyed to the Wife Of an
 Insolvent Debtor.-( Decided July
 9, 1907. 45 So. Rep.6s.l (Rehear-
 ing denied December 10, 1907.)
 Fraudulent conveyances; husband and wife; conveyances to wife by third person.-The relationship between hus-' band and wife operates to raise the presumption that the consideration of a conveyance to the wife moved from the husband; and. where the fnsolven- cy of the husband. the relation of hus- band and wife between the debtor and the grantee in the. conveyance, and the existence of the debt, was shown or admitted, the burden of proving that the consideration was afforded alone by the wife, out of her separate estate, and not by her husband, rests on the wife. under a bill by an exist ing creditor seeking to subject real estate conveyed by a third person to the wife of the insolvent debtor, to his demand.
 Appeal from Jefferson chancsry Court.
 Heard before Hon, Alfred H. Ben- ners.
 Reversed and rendered, Opinion by Mcclellan, J.
 Tyson. c. J.. Simpson and Anderson JJ, concur.
The Montgomery advertiser., 1908-02-13

of confidence throughout the country.
 Every hotel in New York that caters to the commercial trade is crowded and New York merchants are in a joyous mood at the prospects of an enormous spFtng trade
The Montgomery advertiser., 1908-02-13
pINKINs vs. LATHAM.
Eiectment.--(Decide July I6, ls07.-
 45 So. Rep. 60) (Rehearing grant

EJectnent.--N Decioed July Is, 1907.-
 46 So. Rep. s0) (Rehearing grant,
 ed December I9, 1907)
 1. Husband and wife; conveyance; execution; sufficiency-Although the court is governed by section 252S, Code 1898. in constFuing Q conveyance by a married woman, tho established prin- ciples governing the construction of conveyances will he applied to such a conveyance, and will control.
 g. Deeds; construction-The intent and purpose of a deed. if consistent probation of the instrument, must be carried out
 3. Same-When a liberal construc- tion will uphold written instruments. and when otherwise tho plain inten- tion of the parties will be defeated, such construction will be given their language.
 4. Same; parties-Notwithstan the name of another persons Is contain ed in the testimonium clause of a deed. the deed is that of the named grantors only, where the granting clause expressly enumerates the gran tors. and 1t is signed by them and an- other.
 5. Husband and wife; conveyances. construction; execution--A note was signed by a married woman alone, WANh oh 0huOEcciucuL Au WElLlnB SiBn- ed by the husband expressing his con sent thereto. The mortgage to secure the note recited. -I hereby, grant, bar gain, sell, etc" and 'to pay the bal ance. if any, to the said (naming the wife.) Given under our hands and seals" The property conveyed was the property of the wife and the mortgage was signed by her and her husband. Held. that the mortgage was sufficient 1nFn nwaN4ifad tn fka visions of section 252s, Code 1896
 Appeal from Lowndes Circuit Court.
 Heard before Hon. J. c. Richardson.
 Affirmed. Opinion by Tyson, c. J.
 Simpson. Anderson. and Denson, JJ., concur.
 Haralson. Dowdell and Mcclellan, JJ., dissent.
The Montgomery advertiser., 1908-02-13
NEW oRLEANs COTTON FUTuREs.
NEW ORLEANS SPOT C0TToN

New Orleans Feb 12.-Cotton spots quiet and steady. Sales 1.525 bales. Low ordinary, nm ..O.. .....7H Ordnary, nom ..-. ,.... ........s 9-1e Good ordinary ...... ...... .......10c Lo9 mDooiinE '''' '..s S,..,. ....l1c 1aluoHhs ~ ..:' ''.' ''''.. ....11% Good middling ,... ..12 s-1e Mlading tair ."... ....... .12 11-1e Receipts. 5.s72; stock. 12s, ,29o.
The Montgomery advertiser., 1908-02-13
SELMA COTTON NTARKrT.

OsITha' Feb. IF. tSpeciRIJ-The price of spots quoted in the Selma cotton markst today were as follows:
 e., Sovu Hi9eins.. .... ss.. s..-i2c SniSs i Hniuaiihs ..'...ss ss.sS..s ....11 % c s.slo e..lui'ns '..' .'sssss.., ....11ho c 9uIct ioW mtoding ....ss ss.ss. ....1I Ac No" Hii0ounB sssssss.... 10 Mc
The Montgomery advertiser., 1908-02-13
WESTERN UNION TELEGRAPH COM
 PANY Ys. HOWELL.

Action for Damages for Failure to De-
 liver Telegrams.--( (Decided Nov 14,
 1907. 45 So, Rep. 7S.) (Rehear-
 ing denied Dec. 19, 1907.)
 l. Telegraph and telephone; opera ton; contract.-Whsre the complaint alleges that plaintiff arranged with one c. to send him a telegram in case of his wifes illness and on the hap pening of that event c. did so and informed the defendants agents of the arrangement. the necessary contract ual relation is shown to exist betWaAD
The Montgomery advertiser., 1908-02-13
sANpERs .. QURLEY.

SANDERS V. GO@Af4As
 BliI to Cancel Deed for Undue Influence
 and Incapacity to Make.--( Decided
 November 2s. 1907. A So. Rep.
 loa2)
 i. Parent and child; gifts; undue in- Guence: presumptions.--The parent be- fne presumed to be the dominant party a donation from parent to child is not sufficient. of itself. to raise pre- sumption of undue influence. in the ae- aenca of evidence to the contrary.
 q. Same; copveyanee; consideration. --.WheFe the evidence shows that the father, although in bad health, was in fulI possession of his mental faculties ana after fully discussing the matter with his wife and his neighbors, con- veyed the land in question to his son and only heir at law, except complain ant, who was a grandchild, in consid- eration of the sons caring for and sup- porting the father and mother during fhe remainder of their lives. such conveyance Is founded on valuable consideration and cannot be defeated for undue influence of defendant
 Appeal from Morgan Chancery Court. Heard before Hon. ". H. Simpson.
 Afirmed. opinion by Anderson, J. Tyson. c. J., Simpson and Denson, J.J., concur.
The Montgomery advertiser., 1908-02-13

 DOLBERRY ct al V. DOLBERRY ct al. Bill to Cancel Deed for Undue Influence
 and Incapacity to Make.--( Decided
 Nov. 2S, 1907.--44 So. Rep. 101s). l. Parent and child; conveyances be- tween; undue influence; presumption On the theory that the parent is the dominant party the presumption is in- dulged that a conveyance from pa- rent to child is free from undue sn- fiuence, but this presumption may be rebutted by showing that the parent had reached 2 state of senility and was dominated by the child; and when such proof is made, the burden is cast upon the child to show that the trans action is fair and that the, parent acted on independent advice.
 2. Same; evidence.--The evidence In this case is examined and held to show an insuhiciency of testimony to war rant a finding of undue influence on the part of the child. grantee.
 Appeal from Jackson Chancery Court, Heard before Hon. w. H. Simpson. Affirmed. Opinion by Anderson, J. Tyson, c. J., simpson and Denson. JJ., concur.
The Montgomery advertiser., 1908-02-13
wEATwER CONDITIONS AND GENERAL
 FORECART

The weather was cloudy over the great CT portion of the country this morning, and light precipitation has fallen in near ly all parts of the country during the past twenty-four hours. An area of low barO- meter overlies the Missouri Valley, and is attended with ran snow throughout the Northwest. In advance of the area of low barometer, the temperature has risen slightly, but to the westward of it. a slight fall has been experienced. Local rain with higher barometer has been force cast for this section tonight but Thurs- day will be generally fair.
 Temperature and preeip4 -ation as roports ed by the Weather Bureau for selected Southern statss during the 2A hours. end.
The Montgomery advertiser., 1908-02-13
LIVERPOOL COTTON MARKEr.

Liverpool. Feb: 12.--cotton: spot in iirn- American middling fair .... sSI Good middling .... .......... 655 Midding ...... ........ ....e29 Low midditng ....,. ...... A.A59S Good ordinary .... ........ .,... 553 Ordinary ...... .....- .,y: =. 50s.
 The sales of the day were 5000 bales; of which 800 were for speculation and ex- port, and included 47O0 American. Re- eeipts. 1000 bales; including 4.90O Amer
 Futures opened quiet and closed idle. American middling G. O. C.
 Eeoy ..'. .......' ...... .6sS Eepruary-March .... .5Slm daEcn-Apfh' ss'sst SC. ss.0 0Sl M April-May .... ...... .... ... .68Oh day-JunS ss..s.bfS June-Juiy ssssbfoh July-August s.....51Z August-September ... .b6s September-October .... .... ......b5lM October November ........ ...... ..b42 November December .... .ss. ......549k
The Montgomery advertiser., 1908-02-13

Log Cabin Brand, gallons s1l; x gallon, ST. 5cs quarts e4. 25 per dozen,
 Chickens-Hens 25 O 40c; flyers 20 asc brotiers 20ci ducks 25c; turkeys 10 @i1e
 -qranulated she; EXC 5c
 Country Butter-l5c per Ib.; Jersey butte, BagginE--New Jute 50 yd. pisces ,k II Ike; new sugar sack % lb. 90; lb. sxe. second hand sugar sack 7M @SKc
 Ties-Nsw Arrow &I. 20.
The Montgomery advertiser., 1908-02-13
ELMoRE. EFT AL. vs. FIELDS. Trespss o. c. F.-(Decided Nov. 2s. iso7. 45 So. Rep 6e) (Rehear-

1907. 45 So. Rep. 66.) (Rehear-
 ing denied December 19, 19O7)
 1. Trespass; action, description of land.-In an action of trespass O. c. F., the premises on which the alleged cutting was done need not be described by metes and bounds. or by govern ment survey. If the description given is sufficiently certain as to the locus in quo to put defendant on notice of the same, it is sufficient.
 2. Same.--A description is sufficient to put defendant on notice of same, in an action for trespass Q, c. F. where the premises Is described as a strip of timber land on the northern border of plaintiffs land. in or ad- jacent to the N. E. 1-4 of N. W. IA sec. 3s T. 19, R. 17E. in Fillmore county. Alabama, and immediately south of the land formerly owned by one Thornhill and now owned by the State of Alabama.
 3. States; torts of officers; defenses; exercise of auth ority.-A State not be- ing liable for torts committed by its agents, 1t Is no defense to action for trsspass Q. c. F., that the warden of the State prison, who had the timber cut on lands supposed to belong to the State, was acting within the scope of his authority as an officer of the State.
 f. Same; action; pleading.-In such a case. a plea of setting up owner- shin and possession in the State of certain land in the vicinity of that set out in the complaint. on which it Is alleged that trespass was committed, but which does not controver plain tih's title or possession to the land
The Montgomery advertiser., 1908-02-13
KrNARp vs HILL, pr AL

 Action for Penalty For Failure 70
 Satisfy Record of Mortgage--(De-
 cided. November i4. 19o7.---45 So.
 Rep. e0-0 (Rehearing denied
 December 10, 190T.) 1. Mortgages; construction; plead sug---Although d mortgage on land pre- vides that the mortgagoF shall pay the recording fee the mortgagor is not liable for the fee for recording the mortrage in a county in which the land was not sitaIatsd, there being no necessity for the mortgage to be there recorded.
 5. Same; Bakcra "a rnortragor is entitled to recdVez khe penalty for failure. after notfcs to enter payment or satisfaction of the znorteage on the margin of the record he must show that the mortgage has been fully paid. and if the mortgage provides for payment by him of the recording fee he must show payment Gf the fee.
 Appeal from Bibb Circuit Court.
 Heard before Hon. R. M. Miller.
 Reveraed and remanded. Opinion by Simpson. J.
 IT.. concur.
The Montgomery advertiser., 1908-02-13
x-FallinE.
RIVER FORECAST.

RIVER FORECAST.
 The upper coosa will fall slowly; the lower coosa will rise today, and begin to fall Thursday. The Alabama will con- tinue to rise slowly today, beginning to fall in the upper portion Thursday.
The Montgomery advertiser., 1908-02-13
FARROW '. COTNEY.

HARROW V. COTNE1. Rill to Declare Deed a Mortgage and to
 Cancel Same Because Given to Se-
 cure Husbands Debt-~( Decided
 July 2. 1907. 4S So. Rep. ss) SRe-
 nearing denied December IS, lso7o Mortgages; deed as mortgage; nus hand and wife.--A wife made deed or N sr lands to the creditors of her hus- hand, receiving as consideration therefor s150 cash, and a surrender of fhe evidence of her husbands debt arnountiug to &4so. The grantees in the deed agreed to resell to her upon a payment by her of $500 and she gave her note for that amount. Held; The evidences of the husbands debt having been surrendered and the debt satis- fed. the deed was not mortgage to secure the debt. and. therefore. not vosd.
 Appeal from TalIapoosa chancery Court.
 Heard before Hon. W. W. whiteside. Reversed and rendered. opinion by Tyson C. J.. powdell and Anderson. u. concur.
The Montgomery advertiser., 1908-02-13
1. E. Johnstone & Co. Cotton Merchants and Exporters
 Cotton Bought in Alabam. and Mississippi Branch Offices: Troy and Dohan. Ala and Jackson Ms.

over the cotton, etc., Is erroneous as the defendant has only to reasonably satisfy the jury on such an issue.
 6. Principal and agent: acts of agent; want of authority; evidence.-- The defendants having undertaken to show that the delivery was made to B. on instructions from the son of the plaintiff. and the evidence not show ing a general agency of the son to authorize the delivery. it was compe- tent for plaintiff to show that the son had no authority to give such instruc- tions.
 Appeal from Talladega City Court.
 Heard before Hon. e. K. Miller.
 Reversed and remanded. Opinion by Dowdell. J.
 Tyson. c. J., Anderson and Mcclellan, JJ., concur.
The Montgomery advertiser., 1908-02-13
ITsmperaturslPrcip- H-i--litatioA 1 Aiu. i Lax IinchsA
aTATIoNR

C--xnaicAtes trasa.
 FRANK r. cHAWRHR. Assaisa DiEsatsE, WaAtAsr BasaAs.
The Montgomery advertiser., 1908-02-13

Pensacola is the one place on this hemisphere where the Mardi Gras Carnival is made to rival the old world in splendor, brilliance and royal rollicking fun.
 It is also a city of unequaled nrtural wonders and artificial attrac- tions, embracing the most beautiful bay in the South, which has made it famous as the Deep Water City of the Gulf" There is also the navy yard, life saving station, the forts, and wonderful array of shipping representing every maritime nation of the world.
 For special rates, ask your rail- road agent or write
The Montgomery advertiser., 1908-02-13
NAVAL STORES REVIEW.

savannah. Ga. Feb. ia. (specialJ With a net loss of a full cent for the week offerings of . hundred barr barrels or surpSnii 0ai the official ruling Soars values quoted @ were removed from the board just after the final calls of the week so that with all things considered it is quite proeaie eor the purpose of weakening the market at the prevailing levei-61c
 ksts as eSpected were light; lighter in fact by far than those of the week pre- ceeding. General conditions are such how good deal of caution and the buying eie- ment were not out for supplies in torce. In fact the loca Tank company and the ahout inc only buyers of any importance in the market for the better part of the week though the smaller oroksrs LOOK
 The week was opened last Wednesday, firm at 52c. The close yesterday was was rlrm nnsfsd a' at soxc but were not absorbed and were soon after removed .
 Rosins were in some little demand put ous quotations all along the list suffered ana for the seven days declines ranging from I5c to soe were quoted. The follo%,ins as were the 9gOtStsisS31s Sss3a s %inSox glass 6 ssSs siso H F. s'so ss,5o; N E. st5; 5 islO; csI "'sS Recipts of turpentine Tuesday. lsi; week. i,144; month. l.7s2; season. lss.- Exports: Tuesday, ss; week, 2.o2s; for eign, 1.2sO; month. ssI. season @ @S.s He'flo'
 RosIn ,rsceipts Tuesday. 2.lsl; week. s.7os: month iT.s7O season. es7.
 Exports: Tuesday 4o5; week. ll.0fi Ior- tign, 3, 700; month. 1s,67o; season, Sii.- 107 Sales total 10.647. Stock SS.ss2 ools'
 NAVAL STORES
 New Orleans. Feb. IF Receipts. S7 bar bels rosin; io turpentins. -v...-
 Exports none.
 wilmington. N. C., Feb. 13.-Spirits tur- nentine steady 50, receipts none; rosin nothing doing. receipts s51. Crude turpsn- tine. firm 2s5. $50 and SeO.
 Receipts 10.
The Montgomery advertiser., 1908-02-13
THE wBATHER.

IwindI Rain State of Weather ~EH~ fTeUp Ipr.hx.l in &t and direction lIeOthsl of wind.
The Montgomery advertiser., 1908-02-13

wilmington, N. C., Feb. ls.-spirits tur- pentine steady 50. receipts none; rosin nothing doing. receipts s51. Crude turpsn- tine, firm 2sS. $50 and SeO.
 Receipts 10.
Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1908-06-09

When in need of a nice dry load
of stove wood, phone No. 1O4.
Wood and Lumber yards in rear
of Opera House. 10.12tf
w. II. BOOKER.
Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1908-06-09
Odd Fellows
Memorial Day.

Fitzgerald Lodge of Odd Fellows
observed their annual Memorial
Day with appropriate services at
their lodge rooms corner Main and
Pine streets Sunday afternoon.
The lodge room was packed with
members ofthe order, the Rebekahs
and friends.
Rev. S. j. Parish delivered the
address of the day and his speech
was masterful one, full of feeling
for the departed and of meaning of
the noble sentiment that prompt
ed the gathering.
At the close of the services at
the hall a committee visited the
cemetery and decorated the graves
of the departed brothers.