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10 CHARLOTTE DAILY OBSERVER, 'MARCH SO, 1903, i i SUPREME COUBT OPIXIOXS H. T. Greenleaf vs. Land and Lumber Company. 1. Willi it la more orderly to proceed under Revieal. 1196, to appoint a receiv arance, but -which, tinder Its term and conditions applicable, automatically con tinued in force for trj years and two months, specifies the pay day for pre miums as November 2id, and the policy was delivered to the Insured on Decem ber 2d. following, the time for which r for a corporation, such may be done!Jh J?1"1 "omatlealls ; eontln. in a court of equity wherein, under the j ipecifled In the policy, and not from the date of Its delivery. J. The annual premium stipulated in the face of a policy of life insurance, to be paid by the Insured at a day certain to snvs the Denenta thereunder, are but parts of a fixed total, and are not to be considered strictly as ' made for a full year, but as payments to be made on a particular day of the year. 4. When the insured under a policy of life insurance dies within the period for which his policy waa automatically , con tinued in force, reckoning from the date of Its delivery, but after such time has expired reckoning from the pay day for the premiums specified in the policy, it would be a variance of the contract to permit a recovery of the benefits set out In the policy. i. When the policy sued on waa de livered subsequently to the day mention ed therein for the payment of premiums, snd provided for the payment of twenty annual premiums, from the date men tioned, to regard the day of ita delivery as that from ' which the policy was to run would extend the time beyond that fixed in the fare thereof, and would be a variance of the Insurance contract. t. The thirty days grace allowed in an , insurance policy merely provides against a forfeiture, and cannot be con strued to extend the term of insurance limited in the face thereof. . decree, all parties are before the court or thereunder will be brought in. and tbe same relief awarded aa .if the ,pro visiona of the statute bad been compiled with. 2. In proceedings in equity to adminis ter upon the assets of an insolvent cor poration. It ia competent for the courts in proper instances, to appoint a receiv er, and instruct him to sell the property ' after ascertaining the names of creditors, the amounts due them and the interest of stockholders, and before final judg' ment declare a dissolution and direct the funds to be .administered in accordance wltb the rights of the parties 1 A. conveyance of land made by one . to himself aa president of a corporation reciting . tht he had purchased it agent for said company, la ineffectual to convey the title, but Is a valid declara tion of an express trust In favor of the corporation, upon a valuable' considera tion. 4. The st state of limitations does not begin to run against an express trust except from the time the right or cause f action accrues: and when such ia Im pressed upon lands and .there Is no hold ing adverse thereto at expressed In the deed. the. statute cannot successfully be pleaded in bar. State vs. Wade Clayton. 1. Under Revteat. 3771, the punishment for failure to work the roads Is cognis able only In courts of Justice of the peace. and the 6rp?rtr.t Cor """l cr cn'-'" Jurisdiction by erpeal I Where the Justice of the peace has exclusive Jurisdiction of the offense and binds the defendant over te the Su perior Court, the latter court having Jurisdiction upon appeal only, the pro ceedings must be quaaued. I. The overseer of public roads must comply with the statutory provisions In having the roads worked, csuslng those summoned to work either two days or one,- as the occasion requires, allowing an Interval ot at least fifteen days, and adjourn only on account of rain,- sick ness or other unavoidable cause, and rot merely for his own convenience. 4. Under an Indictment for failure to work the public roads, where there is a controversy aa to a lawful adjournment by the overseer, the burden Is on the Hate to show the cverseer therein exer cised a sound and reasonable discretion. John L. Gay vs. Jaraea B. Mitchell, et al. 1. When the Jury finds upon evidence tending to show that the plaintiffs own ed and were In i')sfcrmon of a certain mill and machinery, which waa wrong fully seised by the sheriff, and white in his possession was dsmaged by f reeling and rusting "f pipes and tubes, snd oth er parts of "the machinery, and whl-h could readllK. have been prevented by or dinary care and attention sn actionable wrong waa esUhUshed entitling plaintiff to damages as the nstural probable and direct result of defendant's wrong. -i .2. When tbe Judge'a charge to the Jury was correct, but In genera! terms. It is not objectionable, unless the defendant had tendered correct prayers for Inst rue tion of a more speclflo nature. a. An application in the Supreme Court for a new trial upon newly discovered evidence, will net be granted when the affidavits onty set out cumulative en den re, or if they do not show that the applicant Used due diligence in procur ing It. , , vs. Tha Corporation of Elisabeth City Commissioners Of Pasquotank. L , Statutes are construed to take effect prospectively, unless It - la otherwise therein declared expressly or by clear Implication. . X Acts of 1906. Ch. M, Section 15. pro vides that "moneys raised in the county (Paaqu"TV shall constitute a general fund fo. tne common gocJ of the roads In the county: provided, that two-thirds of the road tax collected in Ella. .h City township be turned over to the board of aldermen of Elisabeth City for the purpose of Improving , the atreeta and bridges of 'the town. Chapter liX acts of 1WT, amends the law of 1906. so that all moneys raised in the county shall constitute a general fund for the common good of the roads of the county and the street of Elisabeth City." In a stilt by the town to recover Its proportionate part. of the money under the acts of 1905 collected prior to the . enactment of the laws of 1907, held: The laws of 1907 can only have a prospective effect, and the town should recover for the moneys col lected prior thereto, and in accordance wlthv the act of 1305. THE. WEATHER Washington," Marco St. Forecast for Monday and Tuesday: - - Virginia, fair Monday, colder in south portion; Tuesday fair, fresh .northwest winds. North Carollnaf fair Monday, preceded by showers on the coast, colder; Tuesday fair; fresh northwest winds. . Houth Carolina and Georgia, fair Mon day; Tueaday partly tcloudy, colder. In north portions Monday; fresh northeast Winds. Ease Florida and west Florida, fair Monday and Tuesday; light variable winds. Tennessee and Kentucky, partly cloudy Monday and Tuesday. '. . Alabama, Mississippi and Louisiana, rain Monday,' colder In south portion; Tuesday rain; fresh northeast winds. East Texas, rain Monday and Tuesday; fresh northeast winds. Arkansas and west Texas,, rain Mon day; Tuesday fair. - , West Virginia, fair Monday and Tues LOCAL OFFICE U. fi. WEATHER BUREAU. Charlotte, March 29. Sunrise 1:14 a, m. sunset 4:43 p. m. - TEMPERATURE (In degrees). Highest temperature .... Lowest temperature .. ,, Mean temperature ...... Excess for the day ...... Accumulated excess for the month.. Accumulated excess for the year .. PRECIPITATION (In Inches).. Total for 24 hours ending I p. m. .... To(al for the month .. .. Accumulated deficiency for month.. Total for the year , . ; BANDY MTEKS. f Consulting Engineers. Water Supply and '..Purification. Sewerage, Sewerage Disposal, Roads. Streets, Pavements, Water Power, Hydrc-ElectrkJ Plants, Irrigation. Drainage, Reinforced Concrete. Sur veys. Estimates, Plans and Specifica tions. Construction Superintended. Complete Plants designed and constructed.- Main Office-. 175-77 Arcade Building. k Greensboro, North Carolina. ' Branch Office, " Lanrinburg, North Carolina. 6 Per -Cent Bonds Our Coupon Bonds are se cured by first mortgage on Im proved real estate double in value the iamount of bond Issue. In addition to this first mortgage, they are guaran teed In every particular by our company. . Nothing could be safer. Write for. booklet, giving full description of plan. NORTH CAROLINA TRUST CO., .''.' Greennboro, N. C. ' ' -A. W. Mc A lister, Pres. R. J. Mebane.'Sec. and Tress. R D. A LOOK! LOOK! Out for the railway train. 20 to 40 Southern trains pass a strip of land, a certain spot of . ' earth, dally.. Tbe spot's for sale it's in Charlotte 250 by near 800 - - . feet. Par Xcellent Mf. Inquiries answered by F. D. ALEXANDER Be writes Fire Insurance, Piedmont EJJg. 'Phones 687-645. 4.24 0.04 14.17 Accumulated excess for the year.. Ill Prevailing wind direction S: W. W. jr. BENNETT, Observer. It. A. Chesson vs. Walker and Myers. L The test of whether one is the fel low servant of another If whether. In the employment of a common master, such other person Is subject to his orders. 2. The superior cannot escape liability under the defense that the injury was caused by a fellow servant, without con necting the alleged fellow servant with the cause of the Injury. t. There Is sufficient evidence' of negll gence to support a verdlrt for damages. when It sppears that the master s duly authorised agent ordered an Inexpert enced youth, employed to perform duties comparatively without danger, to do a dangerous act without instructing Mm how to do it and Informing him It was without danger. 0. tt. Lamb and C. II. White vs. Major : Loomis Co.' . 1. Whether a decree of the court should be considered as a contract, or otherwise, it should be so construed as to give effect to each and every partt and bring all tha Afferent parts into bar ' mony as far as this can be done by fair rid reasonable Intendment. 2. A decree declaring certain defined lards to be "the absolute lands of J. N. I. to bave and to bold unto him and h;s heirs In fee simple forever," etc., provid ing "That a pi.ttlon of said land, equal In valuation of cue thousand dollars, up on the death of J. N. Ia without lawful children surviylng him. shall descend to those persons1 who would have taken by descent, in such event, the land descend ed to him from his mother: and that the remainder of said tract shall descend to t those persona upon whom the law ahall ! cast It at.bia death." should be construed to confer -upon J. K. L. the land In fee with absolute power of disposition; ana the p-ov, simply annexed to the lane m "restrictive I-m tollable quality, that In rase be should die without having made Yltxposlton of the seme, and without children him .surviving. It should, to the "' amount Indicated, descerd to his heirs ex parte materna, ; WsM vs. Commissioners of Beau fort County. - 1. A mandamus lies only to compel tha performance of a specific art pointed tut by etatnte. and r.nt to the county E. New Ten- John Olln Heptlnstsll vs. M. noma, et al. The advisory Jurisdiction of courts of equity does not extend to the mere con struction of a will to ascertain the rights thereunder of devises or legatees.' Such is not sustained under RevlsaU 15W, when not brought by the plaintiff against some person claiming sn adverse estate or in terest. t . i B. W. Mot et si. vs. Carolina Land and Lumber Company. 1. Executors and Adimlnlatrators, ants In Common, Possession. The husband of one of the heirs at law having qualified. as administrator and en tered upon the lands of his intestate, legally holds possession as agent for the heirs at law, though there- is evidence that he entered thereupon In the right of bis wife as a cotenant. , t. Same. Tenants In Common, Adverse possession. Burden of Proof. The burden of proof Is upon defendants relying thereupon to show that they, or those ander whom they claim title, have been In adverse possession of the lands In controversy for twenty years; end when such possession of sn administrator, or cotenant in common Is relied upon. they must show sn actual ouster by liltn, or presumption thereof from an ad verse holding to the. heirs at Inw, or a non-recognlttnrt of the rights of the other cotenant. i ' T. M. Pmall, et al. vs. counciimen or 'Kdenton. . When there la no evidence of malice r baJ faith, the reasonableness of a city ordinance is a question of law for the court. 2. An ordinance la reasonable and valid which requires all stationary 'awnings wlth dom resting upon the euiewamsi In 1lie town be removed by a certain day commlsetoners to "provide a euff Irlent ! fixed, and Imposes a nne or r.ny aoiiars eonrt house, and k o If In good renslr." ; uoon the owners falling to so remove "Jordan's on tits Square." Everybody KNOWS HUYLERS It's the purest and best candy jmade. We have" on hand now a fine, fresh stock. R.H. &C0. Thons T. "WE NEVER CLOSE." NURSES' REGISTER , 2- When the county commissioners do rot keep and maintain In good and sum rtent repair tbe court bouse In tt.elr county, and do not offer or propone to do so, they are Indictable for a breach ,.f duty by the grand Jury, but ney are . entitled to have the issue found by tl Jury. 1 Tbe building snd keeping in proper repair the court house' of a county is a part of the ministerial dutiea of the . county commissioners, subject to indict ment for wljful failure, and not subject to the supervision of tha courts. f them, id provides for their removal vjr the town ranstable. FtatsT.va.'jIlltKS, 1M N. C, IK, over-rui-si. jr. T. Greenleaf vs. John A. Bartlett, et at . A tax deed regular upon Its face, Is "color" of title, and when describing the lend wltb sufficient certainty, does not lose Ita efficiency a sucb from tbt fact that the sheriff failed to bid In tie land sold for taxes for the county w),en no nne would pay the tax for "less fettmber 'of -acres than the whole," as required by laws. 1SS1. Cr. 117. Faction 36. 2. When the entry end pos'Mob un der a tax deed are "under kntSwn and visible lines and boundartea." (lie entry amounts to an ouster and sen years adverse possession ripens the tile. J. When it Is shown that Tl the own er of the land did not list la for taxes but tbe entry appears "The F. D. Pwamp to be listed by the Register." It is sum rent to eustaia an asseestni nt of tbe tax uoon "unlisted lands. - 4. The failure to record tli receipt, as required by the statute. gos to invall date the deed, but d-jea net affect the queetlon of color. f 5. When objection Is mane to the In. troductioa of a plat of tht land in con- Irovery under Rev I ski. V5. upon the ground thre was no evidence that It it correct, the objection; is removed by tbe subsequent testimony of the" sur veyor to that effect. A. H. T. Mutualtlfs In- D. Wi:k!e vs. a arance l& 1. When It appears tf u the face of a vxj'.or ot 1 fe insurant, and from the r,oti- to insured, tint 'be pay day for jirerr.lurr.a fixed as Ncr'-mber tZA. and t t tf r'!;cy was ,a;bvred on De-reir.l-er 15 Ike insurance year bejrtna at e t In the poU'-y, a the pay , r I.'vetnber 2M. . 5. v, f t.'.-e Insured has ceased to pay t. rs upon his pt'liry of life bv. . MCKGANTON NEWS MATTERS. Southern') New Kcliedul Moaw Entertainment by MiihIcs! TK-part-uieiit of Graded JmIiooI Rcpubll--an Convention April 18th. Special to The Observer. Morganton, March 29. The music department of the Morganton graded school, under the etiicicnt manage ment snd supervision of Miss Howie Pillow Brown, rave a very creditable) entertainment in the sudltorlum Friday night, a large and repre sentative audience being jrosent It was by far one of the best enter tainments of the) kind ever given in the local playhoase. The new schedule which the Southern inaugurated on the Ashe villa division to-day Is a very con venient one and pleases the traveling public. Trains going west pass here, at 12:40, 6:45 and 11:5 p. m., and those headed toward Hallpbury are due here at :45. 10:30 a. m. an.l :4S In the afternoon. Supt, AVI11 Eddleman. of the Gas ton county .chalnganar. came up Friday and carried from this county I as a result of the last term of court three prisoners, itwo to serve six months each- and one for two years. The Republican county convention for the - selection of delegates to the several conventions has been called to meet here April 18th. The Democratic convention has not yet been called. , The basr-ball team from the Deaf and Dumb School is off on a tour and wilt not return until the middle of next month. It Is an unusually etronr team this year and will play tne leading colleges of the State Grand Auction Sale! "An Extraordinary Art Event," A highly Important collection of Rare, Antique Mahogany urnuure from the home of a private collector in South Carolina. An unusual opportunity to pur chase rare pieces of Chlppendal, Hepplewhlte, Sheraton, Emprle, Clawfoot and other .styles of genuine Antique Sideboards, Chests or Dressers, Tables, Chairs, Clocks, etc.. etc This large collection of antiques Is now on exhibition at the Auditorium on College etreet, .cnariotte, i. v., and will bs sold at Auction to the highest bidders cm Tuesday, March 31st, beginning at 11:00 a. m. and continuing to 1:30 and again from 4 to ( p. m. Every piece will be put up snd sold separately and the entire col lection must bo sold on Tuesday st whatever price the burrs put on thrjn. He sure and attend the morning sale at 11 o'clock and got the choicest pieces. Terms: Cash. JNO. McELRIE, Auctioneer. Remember the day, hour and date, Tuesday, March 31st, at 11 o'clock. CilbnERT C. WHITE, C. E, Consulting CIVIL ENGINEER Durham. N. C. Wslcrworka. Sewerage, Streets; Ws ter Jilt ration. Sew ago Disposal: I'lans, itcpori. j-.siiniates, Super vision of Connt ruction. Water Power For Safe We offer for sale in Rutherford county, N. C, on Cove Creek, left-hand prong ! liroad river, water power sufficient to Dull ten thoussnd spindle mill, with oroo- er dam. Including IS acres of very One timber land, aDout seven miles West of Ollkey, N. C, on Southern Hallway be- tweu Marion, n. C, and tfracksburg, 8. C f The stream hss an aaage width of S feet and 16 Inches deep makes one na tural leap of about 84 feet at the falls. The hills come down close toarther on either side, with an abundance of stone and timber on ins ground, making cost of development low, wltb plenty of satis fled help. Power was measured by one of the beet hydraulic engineers in me Houth, re port on rile In our office. . If you contem plate building a mill It will pay you to Investigate mis proposition, w tie re you can save eight to ten thousand dollars c.ial bill per year, on ten thousand spin dle mill. The property hss an elevation of eleven hundred feet, fine, healthy location with pure mountain air. We will sell for lin.ono. or exchange for good cotton mill stock or gilt-edge secu- r,tle. trie Bitters Is the Lest serine medicine 1 mi'Ttirnv trrrmnrc a twvck ever sold over a druxsist UD1er- ,i "-"-' ..V" V." rA hit- .t v ...... Oood For Everybody. Mr. Norman It. Coulter, a prominent architect, in the pelbert BuiUlng. ben Krauclsco. says: "I fully endorse all that has been said of Electric liitters aa a toulc metiiclna. It Is good for every body. It corrects stomach, liver and kid ney dlKorders in a prompt and efficient meaner and builds up the system." flee Hood curtfler It all drug stores. Is unrqualed. IS 6. College St. Charlotte. K. C . About Your Bank Account. tf you are a new-comer , . ; ' If you do not now keep a bank account If you want to make a change for any reason Call and talk the matter over with, us, as we think we can convince you tha" t ' - ". v ' This is the Bank in which to make your deposits, whether on cer tificate at 4 per cent, in savings department at 4 per cent., compounded quarterly, or in a checking account. ' ERCIAL NATIONAL BANK BARGAIN IIJ PARK AVENUE LOT DILWORTH . , - - . 50x150 feet. Price.... ............ $1,000,00 3 Who is the fortunate purchaser! SOUTHERN REAL ESTATE LOAN & TRUST COMPANY Capital, $75,000. Surplus, $100,000. -; W. 8. ALEXANDER, R. A. DUNK. A. M. McDOXATJD. President, . Vice President. ' Sec and Tress, , Wood Fibre Wall Plaster, "Hard Clinch." THE BUILDERS FRIBND Freezing does not hart.; natural ahrinkage win not crack It; Vster does not make It fall off; bard as stone. : Writ for booklet. Manufactured by - QHHRLOTTE PLASTER GO. Write for Booklet . Charlotte, K. a First National Bank CHARLOTTE, N. 0. ORGANIZED 1805. Capital. .. -..$ 300,000.00: Surplus and Profits .. .. . .. 240,000.00 -Assets '.. .. 1,900,000.00 - Your business, respectful ly solicited. : Every courtesy and ac commodation extended con sistent with sound banking. HENRY M. McAPEN ..... President JXO. V. OKR Cashier.' REAL ESTATE FOR SALE renting: for $480 per year. Tou want to see this if look Close In and is a fine manu- ' $4,0OO For seven houses and lots. 11.500 cash, balance easy. , Ins; for a rood Investment, facturtng site. . $8,500 iW'ill buy ten houses and lots. Income $520 per year. AU houses In rood condition and stay rented. Take a, Jook . at this property. '' $S,00O For seven-room twotory house, all city conveniences; large lot. beautifully shaded, alley on side; close In and a bargain at. this price. ' - $1,660 For nice five-room cottage en Twenty-first street, near Brevard. House has never been occupied and is built of best lumber. $1,500 For lovely lot near Elizabeth College, on shady side ef street; high,' nice location and Is cheap at above price. J. E. MURPHY & COMP'NY 49 N.,Tryon. 'Phone 84$. The Merchants & Farmers National Bank Charlotte, N.C DEPOSITARY FOR : United States Government : State of North Carolina . . ' County of Mecklenburg and City of Charlotte. We would also like to be your depositary, a GEO, E. WILSOX President. JNO. B. ROSS, Vic President. VT. a WILKINSON. Cashier. , 4 Blocks from Square Seven-room Cottage, modern conveniences, lot 40x193, side entrance; good stable..... ...,$3,600. Can arrange terms. This property is especially desirable because close in. Will be sold at once. Brown & 'Phone 535. . 203 N. Tryon St. oooooooooooooooooooooooooooooooooooooooooooooooooooo THERE IS ONL Y ONE WA Y to make a fortune, the only way. fortunes are ever made, get your money to work for you. However little at first, get it started. We pay 4 per cent, on savings and compound the interest every three months.- Southern Loan & Savings Bank JOHN M. SCOTT, Presidents W. a ALEXANDER, Vice Pres. W. lu JENKINS. Cashier. OOOOOOOOOOOOCOOOOOOOOOOOOOOOCXX)OOOCXOOOOOOOOCXXOQOOO THE CHARLOTTE NATIONAL BANK Oepositoiy For the United States, . State of North Carolina, County of Mecklenburg, ' City of Charlotte. Resources $1,500,000.00 Large and pmall accounts invited and treated in as liberal a manner as balances and responsibility warrant. 0 ... OFFICERS: B. V. HEATH, President . J. H. LITTLE, Vice President. tOllS L SCOTT, Vice President V. 1L TWlTlg, Cashier. . FOR S DAYS ONLY Ws offer a 5-room cottage, with reception hall, bath, sewerage, electric lights and woodhouse; well located, 1-2 block off car line;" rents for $18.00 per month. For ...$2,000. Terms for five days only, $250 cash, $2 SO In $ months and balance through building and loan" association. Good for a home or In- vestment CAROLINA 'REALTY CO., w. o. B. R LEE, Secretary. 4$ North Trron fit. WILKINSON, Manager. J. P. LONG, Sales Agent. 'Phone eo. a. Valuable Railroad Sites We offer for sale a valuable railroad frontage, close In. This property Is especially adapted to warehouse' or wholesale mercan tile purposes and Is one of the very few such properties now to be had In Charlotte. For further Information, see us. The Charlotte Trust & Realty Co. ' Capital $200,000.00. Phone 377;&:?: ttSS 18 E. Trade r l t l r4r-r TTUll fTTTtTTTTI T 1 1 UXXXXXXXXXXXXXXXYYTITTT X It ttTTTT APRIL FIRST The Southern Railway has many virtues, but In attempting to escape a Just, thousrh. nerhaoa. a technically illegal taxation, and. succeeding, places an additional dol lar on every taxable poll In old Mecklenburg, she's simply driving nails In her own coffin. Where do the Juries, come from? THE COrMERCIAL MEN, too. sre being antagonised, and pray tell me. Fair 8lster. what other class does for you as much as theyT .There are breakers ahead! THE MCTTAL "BILLY MALOXE wouldn t do such. She pays her toll, yet serves aH well. The people all pay her court. Bhe gets their money, thousands of it, but. In due season, turns U back with iroodly Interest. , THE SEW SERIES opens April 1st. Just watch the people as they crowd Into It! They're coming now Just note the procession and learn a I re -on, Dear Southern. - E L. KEESLER,' Sec and Treas. 'Phone $44. SJ 6. Trjoa SC. New Interest Quarter Begins in our Savinjrs De- h m Tjartment. Open your adcotuit Jnis month, or, if H W X l . J ?A L..I1J 1 , - M m you are aireaay a uepusuor,- vuwi up your oaiance. 3 We Pay 4 Per Cent. i THE AMERICAN TRUST COMPANY - Trust Building. ' - XXXXX1XXXXLXXXIXLXI.XXXXXXI. A VHAWDSOME- NEW HOME Just being completed, 7 rooms, modern improvements witb fine corner lot, 116 ft frontage on macadam; one " block frim car line. ' For sale by F. (2. ABBOTT & GOMPUNY 0 I
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 30, 1908, edition 1
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