davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1909-01-12
nnuNsoN " MoTLoW.

Motion to Satisfy Judgmentx-SsaD"eci0eO -Sa"
 Nov. 1s. lsOs.--47 South. bSS).
 Judgment; satisfaction; proceeos o1 sale of exempt prOperiy.-where the the sheriff is not indemnified' p9Icnasea ger at an execution sale buys at his own risS. and Is liable for the amount or hls bid, though the property pnynt was and sm a racoverv therefor was afterwards nad for its value against the ofiGeF ;eGSnents sseiMs were recovered against two defenoah's for inc same debt. and the exempt property of one of them was . soid ana inc proceeds applied in part satisfac- tion of the Judgment against him. pay ment of the balance of the .aasH i.asmenss ,ss i,IdrmentS in full and operated lpso tacto to discharge the judgment against such other defendant. except as 10 costs. c,.. c.....
 Appeal from Gadsden City Court.
 ,Heard before Hon. John H Disque'
 Amrmed. Opinion by Anderson J.
 Tyson, c. J.. Dowdell and McClel- land. JJ., concur
The Montgomery advertiser., 1909-01-12
BROWN vs. FINDLEY. ,ooo partition-(Decided November A'' A'Vs

K dA
 -47 South. 577) sor.aa I. Adoption; inheritance by adopteS children; what law gOverns--Altnosu1Ean. inc statutes of a foregn state conte IS inc right of inheritance on emu emu adopted under them. such statutes n sr Sontion finder them does. not conter inc right of inheritance in this state. '" Courts. decisions; rule of prop
 rha decisions of this court set. ti,nr inc right of descent and owner shin s,, of nroperty become rules of prop erty t and where such decisions nnvS ,', stood for many years this court ax m follow them as sucn, arrnneous'
 Xnneal from Calhoun Probate Court Heard before Hon, Emmett F. CroGK'
 Alarmed. opinion by Tyson, c. J..
 Dowdell, Anderson and Mcclellan S' l. concur.
The Montgomery advertiser., 1909-01-12
S~~- Ia nallaa.

Dallas, Texas. Jan, 11-rhe hrst snow of tife winter Is falling here to- Iav' The thermometer registers SIX teen degrees above zero.
The Montgomery advertiser., 1909-01-12
SUMNER ys. HILL Et Al

SUMNER vs. HILL. Et Al
 Bill for Partition of Land-( (Decided
 November IT. 1908. 47 South. e6s5.J
 l. Appeal and error; matters re- viewable; demurrer to cross bill-Sec- ton 427, Code 1898. does not give the right of appeal from decrees on demur- rers to cross bills, and decree sus- tatning demurrers to a cross bill will not be reviewed where assigned as cross assignment of error. although assigned with the consent in writing of appel lant. as authorized by Supreme Court Rule .; and this, notwithstanding the ruling on demurrers to the cross bill is embodied in the decree appealed from.
 ?. Same: interlocutory. decree; juris- diction-The right to appeal from an tnterlocutory decree Is creature of statute, and unless the right Is confer- red by the statute this court is with out Jurisdiction to entertain such an ap- peal, and such Jurisdiction cannot be conferred by consent of the parties.
 3. Judgment; res adjudicata: pIea--- A plea of res adjudicata is insufEicienf if 1t fails to set forth the fact showing the identity of the subject matter and of the parties, etc.; q statement Of the pleader's conclusion of former adjudi- cation is insufficient.
 {. Same; identity of subject matter Where a former bill for partition, filed by an ancestor of the beneficiary Of to be partitioned as the Hancock Place. and followed, 1t with Q more particular description by government survey number; and the decree in the first suit allotted the lands described as the Hancock Place" to the respond ept, c plea in the second suit alleging that the lands described in the bill were ] e part of the Hancock Place" and were embraced in that description. suf- tlciently shows identity of the subject matter.
 B.. Partition; description of land The description of land as the Hancock Place." when supplemented by proper parol Identification, was a sufficiently definite description in itself. and was not limited by a subsequent recital of a more particular description consisting of government numbers. 6. Deeds; description-where q par ticulRr description in deed, which fol- lows a general description, contains no words indicating an intent to restrict the general description. and is intended merely as an additional description. all that is included in the general descrip- ton will pass by the grant. z. Tenancy in common; possesslon--- The possession of one tenant in common Is in law the possession of the other tenants also. 5r ,. 6. Same. adverse possession: custer; notice-Before adverse possession be- gins to run in favor of one tenant in common. there must be an actual ous- ter. or It's equivalent. towit. a claim of exclusive right by the tenant in pos- | session, and a denial of the right of the other co-tenant brought directly to his notice.
 Appeal from Greene Chancery Court. Heard before Hon. Thomas Fl. Smith. Affirmed. Opinion by Dowdell. ].
 Tyson. c. J.. Anderson and McClel- l Ian. J. J.. concur.
The Montgomery advertiser., 1909-01-12
Head Notes of tue Decisions
 of the ALnbama Supreme Court

son owned the property. and conse- quently were, erroneous.
 Appeal from Tailapoosa Circuit Court. Heard before Hon. S. L. Brewer.
 Reversed and remanded. Opinion by Anderson, J.
 Tyson. C. T., Dowdeil and Mcclei- Ian. JJ.. concur.
The Montgomery advertiser., 1909-01-12
aRANp JUNCTION TRIALs.
Derhy in Tennesaee Postponed UntII
 Today.

Derby in Teanesaee Postponed UntlI Today.
 Grand Junction. Tenn, Jan 11-Be. cause of unfavorabIe weather conditions the opening event of the United States field trials, the derby scheduled for to- day. was postponed until tomorrow. Tonight, however, indications are that conditions will not have imprOced to such an extent as to permit the be- ginning of the trials before Wednesday.
 The trials will be over the Ames pre- serve, which Is nearer to Grand June tion than the regular grounds of the club and easier of access.
The Montgomery advertiser., 1909-01-12
n,vuatnmharn nnsehaII Team.

Birmingham. Jan. 11.-(Speciai.l- Tn addition to increasing the capital stock from &s.7OO to s15.Oo0 the d. rSctors and stockh olders in the Birm- inRham Baseball Association tomorrow
The Montgomery advertiser., 1909-01-12
sTATE sEIzEs OIL

standards Product Dee" Not Measure
 Up To Law.
 Atlanta Ga, Jan. 11-A tank of oil containing 12,0o0 gallons. shipped to Newman. Ga, by the Standard Oil Com nany and valued at more than s1,oOo' was seized by the State authorities to- Sav and will be destroyed because of its failure to come up to the require ments of the State laws.
The Montgomery advertiser., 1909-01-12
Manarrr Ear ,1....

Macon. Ga. Jan. 1l--John J. Lavior. of Elmira. N, r.. today was signed 10 manage the Macon club of the South A.iantic League during the season of
The Montgomery advertiser., 1909-01-12
Ta hind. nalIronAa.

Washington, Jan, 11--According to q
 bill introduced in the House today by Representative Gordon of Tennessee 1aiirosds engaged in interstate, com"
The Montgomery advertiser., 1909-01-12
Birmiasham Team w,,..

Birmingham, Jan. 1i-Birminxham Athletic club, defeated Tulane Uniyer- sity basketball team here tonight by a score Of 7s to IS.
The Montgomery advertiser., 1909-01-12
BURT V, FRAZER, ct al. Assumpsit.-(Decided Nov. 1s, Is0s.---4l

Assumpsit.--(Decided Nov. ls, Isos.---A
 South. 573)
 Process; service; suficiency--Ser. vice of summons and complaint by leaving a copy thereof at the home of defendant therein is not a snfacient service of a process. and will not gup- port & judgment by default rendered; Section 6a01. Code 1901. (s272, Code 1Ss6D requires that such process must be executed by leaving copy thereof with the defendant
 Appeal from Bullock Circuit Court :.
 Heard before Hon. A. 4. Evans
 Reversed and remanded. opinion .hy Anderson, T. .ars M
 Tyson. c. J., Dowdell and Mcclellan. JJ., concur.
The Montgomery advertiser., 1909-01-12
COLEMAN. Et Al vs. TOWN OF HART FORD. Assumpsit-(Decided November 19
 1aaR-A7 Satfh KaAN


 19OS--47 South. 59i.)
 1. Municipal corporations; contracts; power to make-Uniess otherwise spe- cially provided by law. the right to make municipal contracts rests in the Council, or other governing body of the town, and the Mayor Is not author ized to make municipal contracts SO as to bind the city unless authorized bV the Council or by the state.
 2. Same-An attorney rendered ser vice to the Mayor and Marshal of the town under contract with the Mayor. and when the bill for such service was presented the Council declined to pay 1t. The charter and ordinances of the town vest in the Council the power to select City Attorney. Held, the town was not liable for the services so rem dered.
 Appeal from Geneva Circuit Court.
 Heard before Hon. H. A. Pearce.
 Affirmed. Opinion by Anderson, ].
 Tyson, c. J., Dowdell and Mcclellan. J. J., concur.
The Montgomery advertiser., 1909-01-12
MULLEN vs. JOHNSON. Er Al.

Contest of Wfii-(Declded December 1,
 190S.--47 South. 5s4.)
 l. wills; mutual wills as contracts- Mutual wills between husband ana wire do not raise a contractuai relation. ana in determining the validity of one or such wills the existence or non-exist- ence of the other Is immaterial
 2. Same; testamentary capacity-One has the requisite testamentary capacity if he has mind and memory enough to know and remember his property and the objects of his bounty. and to Know the nature of the testamentary acts.
 3. Same; validity; undue innuenee- Mere persuasion, addressed to the .es- tator's judgment and affections. does not constitute undue influence to avoid the will; the undue influence which VIII avoid a will must amount to coercion or fraud and must involve such tofce ar fear as destroys the free agency or the testator, and constrain him to that which Is against his will.
 l. Same: burden of proot-the ruie, that where parties to a gift occupy relation of confidence. the burden ls on the donee to rebut the presumption ot undue influence, has no application to wills.
 X. Same: evidence-The evidence In this case examined, and held insuficient to show that the execution or the VIII was induced by undue influence. cfy- son, c. J., dissents)
 Appeal from Dallas Chancery Court:
 Heard before Hon. Thomas Fl. smith
 ,Aflrmed Opinion by McCleiian, ;.
 Haralson. Dowdell simpson, Ahae'' son and Denson. J. J.. concur'
 Tyson, c. T.. diRsents'
 -
 JOHNSON V. TURNER; ,o riha and slander.-(Decided Nov. ls'
 1s0S.-47 South. 5TO) 1IIbeI and slander;1 constructor oL language used.--Ins constructing UT terpretating alleged defametory A guage, the whole expression mus. considered in the light of the common sccentation of the terms employed, as thev are colored. emphasized or Uu@n- fled by the context. ....-,,ronvi. 2. Words and phrases; "misapproprt. atioc .-AIthouKh the word misap" nronriation" is susceptible or the meaning of dishonesty empracnS e bezzlement, yet when consideIe" a the word does not. In all c@so1'
 sarily mean dish onesty' .,n.h,.
 i.ibeI and islander; actioneoie words. Imputing moral turpituoe Words spoken of a person that ne nsS ns destroyed A docket or puDhc I~oo ~ heIon9inR to the Mayors once 10 cosos mn evidence of his misappropriatioh oa nublic funds and fines belonging .o .no tou,n were defamaiory per SC as im- putting moral turpitude. ,o,r.. 4. Pleading; objections to compla,nSa, .Ss node-Demurrer only lies to raise the ou uestion as to whether or not clemens Hn,ts of damages claimed are too inoeanroo s,a arn0 ? or uncertain; and if the damages clam ed are not recoverable in tnis s,is cna acter of action. objection thereto snou.o be taken by motion 10 stsihe; osy,,S. tions. f~t4,, Court Heard before Hon. c. c. Nesmith; Alarmed. opinion by Mcclellan d.
 Tyson. c. J.. and Dowdeii and A"" son, JJ., concur.
The Montgomery advertiser., 1909-01-12
COLONEL FOR THE SECOND.
order Setting February I as Date for
 Eleeff0u fs Mad~

Election is Made.
 An order Issued from the ofHc of the terday set a date for the election Of A Colonel of the 2nd regiment, Alabama National Guard. Col. C.. R .Bricken,s term of ofhce having expired. The date set in the order is Feb. l..
 It is thought that the race will bs a warm one. but no announcements for sne omce to succeed Colonel Bricken have as yet ben made.
The Montgomery advertiser., 1909-01-12
TRAIN KILLS HERO.
station Master was Trying To Rescue
 WomaM.


 Scranton, Pa. Jan. 1f-M. J. Duny. ..attnn master of the Delaware. Lack . sS,anna and Western Railroad at HalI- stsad was, run down and killed by the Nav York nyer just in front of the station. this afternoon. omeTv ran out on the tracks to rescue 1yonoan who was in danger of being run down by another train going in sU onnosIte direction. -
The Montgomery advertiser., 1909-01-12
THE PASSING THRoNc
That Ptecieus vete.

' 'I didn't know what had happened, said Federal Judge Thomas c. Jones. yesterday afternoon. "I. saw a Dig crowd of men advancing towards me in dtgnified array while eating my lunch downtown. Presently Mir. Emmet o'Neai stepped to my seat and tapping me on the shoulder handed me a sealed envel- ope. l asked him what was 1t and he said 1t was the vote for William !. Bryan and John W. Kern for Presi- dent &nd Vice President of the United States. had forgotten all about the formality. had forgotten all about the electoral college being in session today. Mir. ONeal and the other electors said that 1t was their object to bring down the vote in the presence and in com pany of all members of the college
 "MH O'Neal said they wished to take good care of the vote as without 1t it was feared that Mr. Bryan would not be elected President"
 As soon as Judge Jones had accepted the certificate he tucked 1t under his plate until he had finished with lunch |. Then he went to his ofice and put 1t on file. There it will remain in safe keeping to be drawn upon by the Unit ed States Senate in case some thief gets crazy enough to break open the mail and get the copy that was mailed yes terday or cracks the safe in which the vote will be deposited that Messenger Ed Norman will take and hand to Vice President Fairbanks in person.
 Call for Militia.
 "Whats the matter. with the local sol- diers" asked the citizen who Is fond of seeing a military pageant, yesterday DO they never turn out on para de here these days?
 -'T remember when there used to be several big parades every year and it did a lot to increase the membership and keep up the interest of the citi- gems. These days we never see them except on a side street occasionally at night drilling in fatigue uniform. Oh. yes, It's more business-like and all that, but the sight of parade has more than once awakened the military spirit in c small boy who otherwise would never give 1t a thought. The kids ought to get accustomed to it, get interested in it. and taught from the start the honor of carrying gun in the interest of his State and country.
 < '9Iow wouldn't it look nice to see the local caYalry, artillery and infantry in a big parade on. Washington's Birth day, as. they do in every other city in the country?"
 Former Senator Walter S. Smith. Of Lineviile, is attending the sessions of the Supreme Court. Mfr. Smith Is editor and proprietor of The Lineville Head fight.
The Montgomery advertiser., 1909-01-12

MILES V. SLEDGE. Assumpslt.-(Declded Nov. IF. 1sos.- 47 South. 595).<
 l. Evidence; patrol to vary witness. A written contract cannot be con- tradicted or varied by 6 contemporane-
The Montgomery advertiser., 1909-01-12

Former Senator Walter S. Smith. of LIneviile, is attending the sessions of the Supreme Court. Mir. Smith is editor fight.
Omaha daily bee., 1909-09-18
AInsworth Wind from A1Iiance.

AINSWORTH, Neb., Sept 17.-(Special
Telegram. THE Ainsworth ball team de-
feated the Alliance team here today by a
score OF TO 10. Sensational hitting and
fielding marked the contest Batteries:
Ainsworth, Sawyer and Wakeman; ALI
ance, Lucas and Bonner. ~
Omaha daily bee., 1909-09-18
Notes of the Game.
Lincoln TODAY and SUNDAY anal Mond

Lincoln today and Sunday and Monday.
Fisher got back into his stride and made
three hits in the opening session.
Miller and Lang are hard 10 beat any
time, but to beat them both in the same
game is quite an accomplishment.
Kane took eighteen chances in tEs first
game without a CULVER. In the seTen in
nlngs Of the second he had ten chances.
Patton pitched a great game for seven
innings, but in the eighth they got after
his scalp and he was forced to cry for
help.
Potts made five hits In seven times up in
the two games and PendTy made four in
nine times up. Pretty good for little fell
lows.
The Des Moines infield moves quite lively.
Thursday four double plays were made
in one game and the same thing was re-
peated Friday.
The winning OF two games for Omaha is
not to the liking of the wise guys who
have been insisting that Omaha was toss
ing off some games to Des Moines to beat
Ducky Holmes,
Fans are wondering il Lincoln will try to
hand 1t to Omaha as hard as they have
all omers OF late. Six shutouts in sue
cession is some record.
Omaha daily bee., 1909-09-18
OMAHA TAKES BOTH GAMES
Lower Gets Credit for Taking Double
Header from Des Moines.
RALLY WINS IN EACH CASE
Lowers Hit Breaks Tie in Tenth In
ninE nnc Holds IOwhns Down
Until Ends
Second Contest.
Omaha, 6; Des Molnes, 8.

Omaha, 6; Des Moines, 8.
Omaha. & Des Moines. 8.
Lower gets credit for winning two games.
Omaha snatched both games of a
double header away from Des Moines
Friduc artor both had apparently been
won hy Mr.. Higgins fighting crew. The
first went for ten innings and was a battle
royal all the way through with not a
wotble by the Roukes and but one by
Des Moines. In the second Omaha also
came up from behind and stole away the
bacon which Des Moines wanted so badly.
Miller and Lang. touted as the two
premier pitchers OF the western league
were beaten in the first game. Miller
lasted for eight and a third innings and
gave way to Lang with Des Moines stu
In the lead. The Roukes however were
not TO be denied and kept up the rush
until the prize was finally landed
Patton started to twirl and lasted eight
innings although the game was apparent
~ lost in the eighth when Des Moines
made four runs off two bases and three
hits. lie was relieved when Hollenbeck
was sent 20 bat Cor him in the eighth.
Holly struck out and no further damage
was done.
The Roukes tied the score in the ninth
by driving Miller from the box and by
landing on Mr.. Lang. Welch and Pendry
opened out with double and Potts singled
after be had been given a life by Nc
Manus dropping a foul tip, Cadman, who
was sent 20 bat for Gonding. struck out
and Lower hit a single which scored
Pendry. Exit Mr.. Miller. Fisher showed
lang where he got off by beating out
a hunt on the first ball pitched. That
put Potts on third and he scored the run
which tied tho game when Fox hit one
over third. King hit into a double and
an extra inning was needed.
Pcndry Gets winning score.
After Des Moines had been sent to the
bench one-two-three Kane and Welch
died but the midgets did the business.
Pendry hit for two and Potts followed
with a single. Cadman walked and the
Omaha daily bee., 1909-09-18

bases were filled. Lang saw the pennant
aspirations OF Des Moines going up in
smoke and became a little nervous. He
threw a low one to Lower which hit In
front Of the plate and when II had been
recovered from the backstops position
Pendry had scored the winning run.
The second game was also a thriller.
Des Moines made two in the third and
Omaha came back with one in the same
inning. Des Moines then made three in
the fourth and omaha made but two,
making the score five to three in favor OF
Des Moines Then Lower frightened up In
the fifth but the Roukes went after Mr.,
Biersdorfer and won the game, Kane
walked and died at second on an attempted
sacrifice. Pendry singled and Potts made
his third hit OF the game, scoring WEIGH.
Cadman singled and scored Pendry and
Potts and went to second on the throw I'm,
Lower flew out to Dwyer and Nlehoff
fooled Fishers %srounder and Cadman
scored. Lower refused to loosen during the
next two innings which were played be,
fore the game was called on account of
darkness and Omaha had won two.
The score:
Omaha daily bee., 1909-09-18
PUEBLO BUMPS DENVER TWICE
First Game "A Poor Exhibition, bat
The Second IL Better.

DENVER, Colo. Sept. I7.-PuobIo took
two more games from Denver today,
mainly because Denver seems TO have go
in the way of losing and cannot break Ii.
habit. In the first game, Denver outhit
the visitors and did not play much worse,
but could get no faVors from the god OF
luck. In the second Pueblo hit Bohannoa
at the right time, and Denver could not
hit Jackson at all.
Mag, Cassidy and McChesney took bat
ting honors in the first game, and Mag
did some great fielding stunts. Pueblo's
manager changed pitchers as quickly as
Denver took a liking to the balls being
passed in. Locke was taken from third
base because ne was playing rather ind.f-
ferent ball. Pilfering Of bases was done
almost at Will, the catCneTs being unable
10 stop the practice. Ana that's all wor,h
telling.
Jackson was up TO his old-tlme STANDARD
In the second game, two singles being all
Denver could get. Denver did not have a
chance to score. Pueblo punched hits In
the second inning and three more in the
Darkness caused the calling OF
the second game at the end Of the fifth.
score.
Omaha daily bee., 1909-09-18
LINCOLN CHECKS CHAMPIONS
Only Hit Made by Capital City Men
Develops Into IA Run,

LINCOLN, Neb., Sept. 1.-THE Lincolns
resumed the shut-Out habit today, and
won one Of the tishtest battles OF the sea-
son from the Sioux City champions, by a
1 TO 0 score. Errors behind Chabek who
pitched a one-hit game, led to Sioux City's
defeat. After two men were out i'm the
fourth, a hard grounde was driven over
third base for a single. Welch took a
desperate chance for a throw and put out.
but heaved past Hunter, giving Thomas
an extra base. Davidson's grounder In
front Of the plate was fumbled by Towne,
Davidson gaining first and Thomas going
to third. on a double steal, Thomas beat
the return throw from Smith by a long
slide to the plate. This was the only run
OF the day. The Sioux batted Ryan for a
hit an inning during four rounds, after
which the Lincoln twirler was inYinClble.
In the second the champions had the bases
full and none out on a hit, H~ogrieveT's
error and a walk. Ryan then struck out
Chabek and Smith, while Davidson gath
cred In Andreas' short fly. Hunter led
off IN the third with a two Dagger, but
died In th'-d. After the fourth only one
OF the champions reached first base.
Shortstop Mise OF the Kansas league
substituted for GagnieT al short and pulled
off the most sensational stop and throw
of 1.-the game.
OutneIder Tommy Campbell of Sioux
City has been released by Manager
Holmes. The score:
Omaha daily bee., 1909-09-18
WICHITA TAKES WHOLE SERIES
Also Leads in Seasons Play with It's
Topeka Rival.

WICHITA, Kan, Sept. 17.-wichita made
1t four straight from Topeka today by
winning the second double-header in two
days, 10 to and I to 2, respectively. Hass-
Ter pitched both games for Wichita and
aside from a bad first inning in the first
game, due partially 10 his support, but
chiefly to two passes, two two-base hits
and a home run, which were punched In
that inning, had the visitors at his mercy.
Both Boles and Kaufman were hit hard,
and the former was wild. Three singles, two
walks and a hit by a pitched ball gave
the home team three in the first inning Of
the first game and a walk, Reilly's error,
Petugrew's home run, WesterZil's single
and two base hits by Pennell and White
made the game safe IN the second.
The second was won by punched hits in
The fourth, seventh and eighth innings anu
~ goOu base running, WoOley, Pettigrew,
Pennell, Middleton, Westerzil, White and
Kahl starred In the field. The results of
the series gave Wichita twelve out of
the twenty-five games played by the two
teams this season, Score, first game: