CHARLOTTE, N. C FRIDAY, OCTOBER 27, 1882.
ARE M4KIM A 8PEGHLTT
Carpets, Rugs, Mats
WE H AYR A
mm voi w nt
: : : : o : -
; FALL AND WINTER STOCK
IS N W COMPLETE.
't has In en selected v.lth unusual care to meet the
wants or the Trade, and to give them the
dT GOODS M INUFACTUKED.
LADIES', GENTS' AND CHILDREN'S
Hoe Boots, Shoes and Slippers
ottir stock: of
Trunks, Valises anl Traveling Bags-
13 LAUGH AND VARIED.
HATS 81,5 BSIgfl HATS
13 COMIOSKD OF THE
llRsT KUANDS and LATEST STYL.B8
SI,K, STIFF 1 FELT.
Call and try Uw Old Established
exander , Harris.
A cold or sore throat may not seem to
amount to much, and It promptly attended
to can easily be cured; but neglect is often
Tollowed by consumption or diphtheria..
Ko medicine has ever been discovered which,
a' ts so quiekly and surely in such cases as
PERKY DAVIS' PAIJV KILLER. The
prompt use of this invaluable remedy ha3
Baved thousands of lives.
PERRY DAVIS' PAIN KILLER 13
not an experiment. It has been before the
public for forty years, and Is most valued
where it Is best known.
a few tracts from voluntary testimonials
read & follows:
Path Kilixb has been my household remedy for
colds for the past twenty-seven years, and nave
never known it to fail in effecting a cure.
L. 8. CnocKZB, WiUlanisville, N. Y.
For thirty years I have used Pain Killer, and
found it a never-failing: remedy for colds and sore
throat Barton Seaman.
Have received Immediate relief from colds and
lore throat, and consider your Pain Killer an
Invaluable remedy. Ozo. B. Evzkutt, Dickinson,
I have just recovered from a very severe cold,
which I have had for some time. I could get no
relief until I tried your Pain Killek, which
relieved me immediately. I will never again be
without It C. O. Fouce. Lowndes, Ga.
Have used Pain Killer in my family for forty
years, and have never known it to faiL Bansojk
Lewis, Waynesboro, Ga
I began using- Pain Eilleb In my family twenty
five years agro and have used it ever since, and have
found no medicine to take its place. B. W. Dykb,
Druggist, Oneida, N. Y.
For whooping-cough and croup It IS the best
preparation made. We would not be without it.
A. P. Routs, Liberty Mills, Va.
For twenty -five years I nave need Pain Killer
for colds and chapped lips, and consider it the best
medicine ever offered. GEO.HooPEB.Wilmixigton,
I was Buffering severely with bronchitis, ana my
throat was so inflamed I could scarcely swallow
any food. I was advised to try your Pain Killer,
and after taking a few dose was completely
cured. T. Wilkinson.
Dr. Walton writes from Coshocton : Your Paiw
Killeb cures diphtheria and sore throat, so alarm
ingly prevalent here, and has not been known to
fall in a single instance. This fact you should
make known to the world. .
Mrs. Ellen B. Mason writes: My son was taken
violently sick with diphtheria, high fever, and cold
chills. So many children have died here, I was
afraid to eall a physician, and tried your Pain
Killer. He was taken on Bunday, and on
Wednesday his throat was clear. It was a won
derful cure, and I wish it could be known to the
poor mothers who are losing so many children.
For Chills and Fever PAIN KILLER has
no equal. It cures when everything else falls.
Delays are often dangerous. A bottle of
Pain Killer 4n the house Is a safeguard that
no family should be without.
All druggists sell It at 5c, 50c, and $1.00
PERRY DAVIS & SON, Proprietors,
Providence, R. I.
sept d tw sept 4 oct
H. C. ECCLES, PROPRIETOR,
CnUHLOTTK, N. C
'iimtiote: was completed in lH7z. and new
A additions made In 1X75. "TBE CE.NTRL"
is situated on Independent Square, occupying
nan h niocK on Trade btieet, m tne business cen
ire ol the City, in c ose proximity to Banks. Ex
press and Telegraph offices, and commanding a
moniiinn view or mo e tnan nrty miles.
The Intention of the Proprietor is. not onlv to
present to the traveling public one of the finest
Hotel Buildings In the South, but one of the most
complete and best conducted Hotels In all its dif
Havina recently been decorated and frescoed
throughout. U Is not only one of the most beauti
ful, but the
LEADING AND PALA.CS HOTBL
of the Pouth. t' e home of Commercial Tourists,
pleasure seekers and resident guests.
H C EOCLKs, Proprietor, will be pleased to
we come his friends ai d the traveling public, and
respectfully solicits a share of patronage from nil
who would enjoy and appreciate a home combin
ing eegance. be;uty and comfort In all Its ap
point men's and surroundings.
HAXKs 82 OU aud 82 60, per day, acc rdlng
to location septa
KNOWN AS THE
FOR S ALE AT AUCTION.
ON MONDAY, the 6th day of November next,
at 12 M., we will sell at the court house door
la Charlotte, tf. C , that valuable tract of land con
taining 539Vii acres, lying In Providence township,
Mecklenburg county, six miles from Matthews'
station on the C. C. Ballroad, about the same dis
tance from PInevllle, on the C, C. & A. Ballroad,
and twelve miles from Charlotte, known as
THE PORTER PLACE.
Said lands are highly Improved an I very pro-di.c'lvr-,
being well adapted for cotton, corn, wheat,
oats, &c. &i. There la a good residence, orchards,
barn, gin house and other necessary outbuildings
on the plantation In good cond tlon, and churches
and schools ore at convenient U-Unces. The
lan is will be offered in four lot?:
First lot, containing 177 acres on which Is situ
ated the residence and other building.
Pecond lot contains 45 acres.
Tolid lot contains VSlVa acres.
Fomth lot contains 185 acres.
They will also be offered as a whole.
On i-fourth c.nh; balance In three equal Install
ments at the end of ose, two and thkkk years,
with Interest at the rale o? eight per cent per an
num. SALE POSITIVE.
Purchaser can also buy on favorable terms the
stock of Horses. Mules, Cattle, Hogs, Farming Im
plements Wheat, Oats, Corn, Hay. &c, now on
it. K. mtii rii a ;o ,
It 9 Pearl Street, New York.
octlO till nov6
W. J. BLACK & SON.
Charlotte, N. C , Dealers In
Groceries, Cotton, Bagging and Ties
FRESH STOCK J08T IN,
And will bejileased to see their friends.
8ept5 lr "
A BARGAIN is offered In a tract of land In Mc
Dowell county, hlng on the road from Buther
ford ton to Marlon, and about 12 miles from Buth
erfordton. It lies directly on the Vein Mountain
strata, which has developed some good paying
mines. No development has been attempted, but
several pieces of gold weighing from 8 pwts down
have been found In the branches on it. The
tract contains 100 .acies and will be sold cheap.
pply to CHAS. B. JONKS,
aui6 Charlotte, N C.
C. E. Robinson & Co,
PLVMBEBU, STEAM OAS FITTERS
Bath Tubs, Water Closets, Wash Basins.
ALL SIZES PIPES and FITTING?.
1ST- Agents for STEAM PUMPS and GAS MA
CHINES. Next door to Mrs. Query's, under the
Central HoteL octlQ tf
SUPREME COURT DECISIONS.
Fall Term, 1882.
Reported for the Observer by Walter M. Busbee,
Daniel vs. Hodges Halifax.
In 1876 defendant instituted suit
against her husband, Joseph Hodges
setting forth that he had abandoned
her, left the State and failed tocontrib
ute anything for her support: that he
had no property in this tstate except the
lor, describing it, now claimed by plain
till. The prayer of the petition was for
reasonable ahrnuny and that said lo
be assigned to her. .Such order was
In lbT9 Joseph Hodges moved to se
aside the order; motion refused; 1
appealed and the Supreme Court re
versed the order on the ground that the
petitioner, seeking no divorce or sepa
ration, could not under the statute be
allowed alimony pendente lite. While
the order was in force and the defend
ant was in possession of said lot Josepl
Hodges made a deed of ti ust for the
land to one Hall which deed was exe
cuted and duly registered in 1877, under
the deed the trustee sold the lot to the
plaintiff and "executed to hifn a deed
for the same in 1877. lu 1880 the suit
ror alimony came on tor dual hearing
and the said land was assigned to de-
ienaant ror tier maintenance during
nor nitntrl "
Nt. ueieuBt) in mis case is that the
conveyance to Hall and fmm him tn.
the plaintiff was made while the ac
KQ I alimony was pending and after
tiio uiuer assigning Her the lot in ques
vliuo uiiugiLig lt wimin the pnn
ll Til fid 1 ,J I ii i
vyFAo mvuivcu JU LI16 UW 01 US p1l
The Court savs:
Two things are necessary in order to
give eueut, io me principle.
i. ine litigation should be about
some specilic thmer. whinh must, i.h
necessarily affected by the termination
or the suit.
2. The specific property must be so
pointed out by the proceedings as to
warn the whole world that they med-
uio witu it i tueir ueru.
j.ne particular circumstances of this
case make it an exception to the gener
ally received doctrine in regard to the
Muiubion oi me application of lis pen
dens from proceedings for alimonv.
The lis pendens was not destroyed by
uidcvciacuui tne orcier ot the Supe
nor Court. By the institution nf f
suit, the subject of litieMtmn ia nlpri
beyond the power of the parties to it,
whilst, the suit continues in court, it
holds the property to respond to the
nurti juugmem or decree.
Ihe petition for alimony under the
cucurastances or this case constituted
such a Us pendens as affected the uur
cnasers with notice, independent of the
actual notice had.and rendered the deed
Vaughan vs. Hiues Heitford.
This action'is brought bv ulaintiff as
admininistrator d. b. n. against defend
ant a surety on the bond of the former
nrlrinint..,...- fl'l .
auumiiswitiui. mere w re two re
turns made by the administrator to the
probate judge, one loth July, 1832, the
oiner lain May. 187J. both of whir-li
show an acknowledged balance due the
neirs. ihe detense relied on is tl
statute ot limitations. The iurv. under
ine cnarge or llie court, returned a ver
dict for defendant.
W hen the return of the administra
tor is such a statement that shows to
all persons interested in the distribu
tion that the administration of the as-
oeis was unisneu anu tnai ttiere 13 no
longer a necessity for following the
suipius, mat it was subject to the call
or tne next ot kin, the return is final.
and tne statute of limitations is put in
motion, and an action against the ad
ministrator after the lause of six veara
is barred. C. C. P.. Sec. 33 The statute,
having once been put in motion could
only be obstructed by legislative enact
No error. Affirmed.
Hahn vs. Guilford, et al Beaufort.
This was a summary Droceedine's be
fore a Justice of the Peace, under the
"Landlord and Tenant Act," to recover
possession ot the premises claimed by
Ihe plaintiff alleged in the complaint
that defendants entered uoon the land
as his tenants, but that their term had
expired, as well by the non-payment of
the agreed rent as by the lapse of time.
In his return the Justice said the an
swer had been lost, but he certifies that'
the defendants besides denjing the
allegations of the complaint, "set up an
equitable title to the land in them
selves." His Honor looking onlv to the
pleadings and the return of the justice,
: . 1 u : - -, . .
wnuuut Hearing any evidence upon the
issue as to the tenancy, or as to the
nature of equitable title claim -d, held
that the title to the land wa3 involved
and dismissed the action as not beinsr
within the jurisdiction of the Justice.
Held. 1. An appeal means an appeal
to the next term of the appellate court.
Where a Justice fails to transmit the
appeal for two terms of ihe S uerh r
Cjurt, it wa3 the duty nf the di IVndant
to have moved promptly at the tir.st
term for a recordari directing hini to
o so. It is error to proceed to judg
ment in a cause, apparently out of
court, without giving to the plaintiff a
day to show cause against it.
2. When in a proceeding under the
andlord and tenant act, the defendant
in his answer denies the tenancy, it is
the duty of the Justice not to dismiss
the action, but to try the issue of ten
ancy; if' that8hould be found for plain
tiff, then because of the estoppel opera
ting upon the defendaut, it is impossi
ble that tne title to the land could be
drawn in controversy and in case of
appeal it is the duty of the Judge to try
the cause and render judgment just as
the Justice should have done.
Every equitable title will not serve
to defeat an estoppel, but only such as
arise out of relations such as a court of
equity, under our former statute would
protect even after judgment in a court
Error. Plaintiff entitled to k new
State vs. Burgwyn Halifax.
Ruffin, J. :
The only question in this case was to
the admission in evidence of certain
confessions of the defendant.
What facts amount to such threats or
promises as to exclude confessions as
not bein'j voluntary, is a question of
law, and the decision of the court in
regard to them may be reviewed in this
court. But whether the evidence if
true proves these facts and whether the
witnesses giving the testimony in re
gard to these facts are credible or not,
and in case of a conflict of testimony
Which witness should be believed by
the court, are all questions of fact, to be
decided by the court, the decision of
which cannot be reviewed.
Barker vs. Bledsoe, et al Wake.
Smith, C. J. :
Action to recover amount due on a
promissory note executed by defend
ants to plaintiffs intestate in 1874; at
Spring term, 1881, an order of reference
was made, and it was adjudged that
plaintiffs recover $499.20, with interest
from 1874. On March 25, 1882, execu
tion issued, thereupon application for
an injunction was made by Bledsoe,
supported by his affidavit. Upon the
hearing the injunction was denied and
the restraining order vacated. Defend
It is entirely irregular under our
present system to seek relief in a per
sonal injunction against a plaintiff and
restrain him from the advantages'of a
judgment unreformed, when ihe relief
can and ougnt lu ub uuiaineu, if proper
in itself, by an order in the cause. An
application to a court of equity to re
strain its own proceedings is a novelty
Mosely vs. Mosely.et als. Halifax.
Siith, C. J.:
Action for dower in certain lands,
the construction of the deed to which
is the question in dispute.
Where there are but two parties to
an instrument and the rtcited pecun
iary consideration passes from one to
the other; the super added words "as
well as natural affection of said Wesson
to his daughter, wife of said Moseh "
expressing the inducements winch
prompted the conveyance to the hus
baud.do not in form undertake to f-. Uer
or qualify the estate granttd.nor do ! hey
in law raise and annex thereto a trust in
favor of the wife. Trusts arising by op
eration of law result in two caes. 1
Where an estate is purchased in the
name of one person and the considera
tion i3 paid by another. 2. Where the
intention not to benefit the grantee is
expressed unpon the instrument, as
where the conveyance is "upon trust"
and none is declared, or that declared
No error. Afrit med.
Whitehurst vs. Pettipher, et al.
Smith, C. J. :
The defendant claiming title Lo the
land, the object of this action, proposed
upon his own examination as a witness
for himself to show the position of the
beginning corner, under its calls by the
declarations of one Gaskins, then a
slave, whose master was in possession
of an adjoining tract, as owner, and his
pointing out its location. Both master
and slave were dead at the time of the
trial. The testimony on objection was
refused and this ruling presents the on
ly question on appeal.
Held. In questions relating to pri
vate boundary the declarations of disin
terested persons, since diseased, made
before any controversy has arisen, are
admissible to show their location. If a
declarant, if alive, were allowed to
prove the fact to which the declaration
relates, the declaration itself may be
proved after his death. It was error to
exclude the testimony from the jury.
Venire de novo
Clayton vs. Rose, et als.
Smith, C. J.:
In November 1S55, Burrus conveyed
the land in dispute to a trustee "for the
sole use and benefit of plaintiff then the
wife of Clayton" during her natural
life, after her death the trustees "shall
hold and possess the land and premises
for the sole benefit and advantage of
the heirs of her body, begotten by her
present husband, to be conveyed to her
said heirs when the youngest" shall ar
rive at the age of twenty-one provided
the said Susan be then dead. In 1S0S
Clayton and his w ife executed a deed
conveying the land to defendant Maha
la. This deed was proved on 12lh No
vember, 1S79, by the subscribing wit
ness and registered without privy ex
aunnatiQii of feme bargainor.
It is urged by defendants on appeal
1. That an equitable estate in special
tail, converted into a fee under act 17S4
for separate use of plaintiff, passes un
der the deed of Burrus and that the
deed of 1868 without a privy examina
tion is sufficient to convey an equitable
estafe for her life. 2. They also rely
upon the statute of limitations.
The court says: 1. Equitable estates
in land vested in a married woman, in
ine aoseuce or a power 111 the instru
ment creating the trust pointing out
and authorizing a different mode, can
not be transferred without conforminer
to the statutory regulations applicable
to legal estates. The statute admits no
distinction between legal and equitable
2. When the right of entrv is barred
and the right of action lost by the trus
tee or person holding the legal estate
through an ad verse occupation, th ces
tui que trust is also concluded from as
serting a claim to the land. The cor
relative must be accepted that when
the trustee is not bound neither can
the cestui que trust be.
io error. Affirmed.
APPEALS FROM THE FOURTH DISTRICT.
The following is a complete list of
appeals from .the fourth judicial dis
trict, so far as docketed, in the Supreme
Court, on Thursday last. This district
will oe called on Monday next, the 3oth
1(59 Griffin, et als, s Griffin.
170 Griffin, et als, vs Griffin.
171 McFadyen vs Council.
172 Evans, adm'r, vs Smith, x'r.
173 Eajrly vs Bullard.
174 Nofris vs Fowler.
175 Wescott vs Galloway, et als.
176 Leach vs Town of Fayetteville.
177 Long vs McLean & Leach.
178 State vs Thomas Dunn.
179- Kivett vs Wynne & Co.
180 McDonald vs Dickson, et als.
1S1 Moorft vs Ilinnant.eL als.
182 Murchison vs Whitted, et als.
188 Anders, ex'r, vs Ellis, adm'r.
184 Lewis vs McDowell, et als.
l-;" Covington vs Lenk, ex'r.
18G Covington vs Leak, ex'r.
187 Mori ison, et al, vs McLaughlin,
1S8 Dawkins vs Patterson, et als.
189 Lak. ex'r, v.s Covington, et als.
190 MacRae, adm'r, vs Malloy.
101 Crouiartie vs Bladen cninty.
102 Jackson, adm'r, vs Shields, el als.
193 Nimocks vsScanlin & McKee th
194 Kobinst n vs McDiarmid, et als.
195 Lilly vs Baker.
190 Boone, trustee, vs nardie, sheriff.
197 Jones vs McKinnon, adm'x.
19S Jones vs McKinnon, adm'x.
199 Lilly, t-t als, vs Taylor, et als.
200 Canal Company vs McKeethan,
201 Stale vs M N Leary.
202 McAi tan, adm'r, vs McL tuchlin,
!0:) Brawnon vs Hardie.
Balelgh News &. Observe"-.
The bosses have about concluded that
Keogh was right, and that Dockery
must after all be separated from the
liberal movement. That, however, is
too thin. Dockerv asserted that the
lepublican party is "the late Republi
can party, and that "we and "they"
propose to form a new party, as Chair
man Cocke expressed it. He was not
nominated by the Republican conven-
lon ; but was merely endorsed. He
wrote no letter of acceptance to the
lepublican convention. He did write
a letter of acceptance to Col. William
Johnston, "the old secession Democratic
candidate for Governor," as the Repub
licans used to call him. He did not in
the whole course of his letter mention
the word "Republican." He defined
to meet Bennett, because Chairman
Cocke, the Liberal chairman, would
not permit him to do so. He started
out in the campaign as a Liberal, just
like Devereux, who.even now says that
he is not a Republican. Under these
circumstances it is hard to see how the
bosses can now separate him from Folk,
who was nominated by the same con
vention ; but they are playing a desper
ate game, and seeking to elect Dockery
at the expense of the other Liberals on
the ticket. "We do not call that toting
A grod medicinal tonic, with real merit,
Brown's Iron Bitters, so all druggists say.
Satisfaction for Ten.
In our family of ten for over two years Parker's
'Ginger Tonic has cured headache, malaria and
other complaints so satisfactorily that we are In
excellent health and no expense for doctors or
other medicine. Chronicle.
ll-ileigh News and Observer: Prof
W.B.Phillips has assumed control of
the Geological Department.
The Raleigh Skating Association has
given St. John's Hospital 850.
Wake's corn crop is the largest ever
made in the county. The same may be
said, of course, as to the crops of wheat
Big apples, tine in fl tvoi and juicv to
a degree, are now shown in the stores
and they all come from bevond the
Blue Ridge. North Carolina 'bears off
the palm for apples, as well as other
Although about eighty pupils have
been dropped from the rolls of the
Centennial graded school, for frequent
tardiness and other cause.-. et there is
now over 000 in attendance."
Wilmington Star: Theie is consid
erable bitierness developing between
thsi Manning and the Hewlett factions,
and some very heated controversies oc
cur on the streets between representa
tives of the two candidates for sheriff.
Slatesville American: The Federal
court last week remained in session
only a few days, and transacted very
little business, which was well enough
at this busy season of the year and po
litical excitement. The business of the
court is hardly worth reporting, having
dwindled to small proportions any
The wholesale trade of Statesville
certainly has a boom on. Ten wagons
f aded with goods for country dealers
1 uesday, and several cars loaded for
distant towns in this and adjacent
States. The retail trade, likewise, is
quite active cotton, tobacco and other
products are arriving quite freely.
Winston Sentinel: R. R. Galloway,
of Mt. Airy, had his pocket picked of
SGOO at the State fair, and a tanyard
burned up the same day.
Every one of the new stores going up
on Liberty street have been spoken for,
and a dozen more in other portions of
town as soon as they can be erected.
Dr. Shaffner has just completed a
roomy building some distance out of
Salem, on the new Shallow Ford street,
which he intends to use as a cotton
ginning establishment. It will be op
erated by steam.
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Gliills and Povor,
B RIVAL, a Planter at Bayon Sara, La., saya 1
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Gray H ais or Wuibkeks changed to a Glossv
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stock of that verv popular lc and le Casiimkhe has been
replenished; call and get a Dress of it.
A large stock of Velvets, Velveteens, Plushes, in
plain and brocades, Cashmeres, Snoodahs, Dress Flannels,
&c. Silks, Satins, Ottoman, Surahs all colors.
Military Braid and Setts all colors in silk and worsted.
Call and see our Shawls, Jackets, Dolmans, Paletots, &c.
A job lot of Circulars very cheap.
Boots, Shoes, Hats, dps, Clothing, Furnishing Goods, Dome
ZtsTIEW S-ATTEIE31SrS, &C, ALL CHEAP.
C2T Call and see us; we will please you
and you will please us by buying. Truly,
L. BERWANGER k BR0
Leading Clothiers and Tailors.
New Goods! Correct
Oar Patrons: The People. Our Study:
OUR REWARD: SUCCESS.
WE Manufacture our own Men's Clothing, and theiefore can sell at imich lower prices than any
Other house can Offer Ibe same Hoods. W Rrfl now nrcnarBrt tn offer thn l:iwst Hnn best assort
ed stock ol KEADY-MADE
In this section. OUS Furnishing Goods Department comprise the latest out, ami we are confident that
for beauty and novelty will compare with ny In the South. The last but not least, our Hat Depart
ment, consists of only the latest out. and finest that could be tound In the market. We have taken
special pride this season to secure such goods that cannot be found elsewhere. Our prices In each and
every department are Invariably bottom figures, and every article sold with our guarantee.
Thanking the public kindly for past favors, and soliciting a share of your trad in the future,
we are Very Respectfully. T . Borwanger c5 Bro.,
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The LARGEST and
EVER BROUGHT TO THIS MARKET,
WHICH I INTEND TO SELL AT
All are invited to call and see my goods
and learn the Prices.
E M. ANDREWS,
Wholesale and Retail Furniture Dealer
PER E MESS.
in Style, Quality and Price of Goods,
Hapgrayes $ Wilhclm,
Smith Building, East Trade Street.
Styles! -tat Prices!
Their Interest. Our Maxim: Fair Dealing.
Leading Clothiers and Tailors.
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Prettiest Stock of
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