Newspapers / The Charlotte Democrat (Charlotte, … / March 22, 1878, edition 1 / Page 1
Part of The Charlotte Democrat (Charlotte, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
of 111 1. V O IS V. J. YATES, Editor and Pbofbiktob. Ttnns of Subscription $2. 00, in advance. THE Charlotte Democrat, PUBLISHED BT WILLIAM J. YATES, Editor and Proprietor o Tkbm8 TWO DOLLARS for one year, or One Dollar and Twenty-five Centa for six months. SubHcription must be paid in advance. Advertisements will be inserted at reasonable rates, or in accordance with contract. Obituary notices of over five lines In length will oe charged for at advertising rates. LAW SCHOOL. We purpose opening a Law School in the city of Greensboro on the first Monday in March next. Our object will be to prepare yoang men to prac ticMaw In the State and Federal Courts. Oar tiros will bft the same as those of the late Chief Justice Pearson,' and we will endeavor to pursue his plan of instruction. We think this city is well suited for our purpose, as it is healthful and easily accessible, and a placi where Courts are frequently held., Boaid can be obtained at very reasonable rates. JOHN n. DILLARD, ROBERT P. DICK. Feb. 8, 1878. tf , . Dr. JOHN H. McADEN, Wholesale and Retail Druggist, CnARLOTTE, N. C, ITas on hand a large and well selected stock of PURE DRUGS, Chemicals, Patent Medicines, Family Medicines, Paints, Oils, Varnishes Dye Stuffs, Fancy and Toilet Articles, which he is determined to sell at the very lowest prices. Jan 1, 1875. J. P. McCombs, M. D., Offers his professional services to the citizens of Charlotte and surrounding country. All calls, both d ight and day, promptly attended to. Office in Brown's building, up stairs, opposite the Charlotte Hotel. Jan. 1, 1873. DR. J. M. MILLER, Charlotte, N. C. AH calls promptly answered day and night. Ofllce over Traders National Bank Residence opposite W. R. Myers'. Jan. 18, 1878. DR. M. A. BLAND, Dentist, CHARLOTTE, N. C. Office in Brown's building,' opposite Charlotte Hotel. ... Gas used for the painless extraction of teeth. Feb. 15, 1878. Watches, Clocks and Jewelry. E. J. ALLEN, fNear Irwin's corner,-Trade Street,! Charlotte, N. C, PRACTICAL WATCH-MAKER, tW Repairing of Jewelry, Watches and Clocks done at short notice and moderate prices. April 17, 1876. y R. M. MILLER & SONS, Commission Merchants, and WHOLESALE DEALERS IN Provisions and Groceries, College Street, Charlotte, N. C. Flour, Bacon, Sugar, Coffee, Salt, Molasses, and In fact, all kind of Groceries in large quantities always on hand for the Wholesale trade. Jan. 1 1875. j. Mclaughlin, Wholesale and Retail Dealer in Groceries, Provisions, &c, College Street, Charlotte, N. C, Sells Groceries at lowest rates for Cash, and buys Country Produce at highest market price. EE?" Cotton and other country Produce sold on commission and prompt returns made. D. M. RIGLER Charlotte, N. C Dealer in Confectioneries, Fruits, Canned Goods, Crackers, Bread, Cakes, Pickles, &c. C3T Cakes baked to order at short notice. Jan. 1, 1877. B. N. SMITH, Dealer in Groceries and Family Provisions of all sorts, CHARLOTTE, N. C. Consignments of Produce solicited, and prompt returns made. Families can find anything at my Store in the Grocery line to eat, including fresh meats. Jan. 1, 1877. E. S. BUR WELL. 1878. E. U. SPRINGS BURWELL & SPRINGS, Grocers and Commission Merchants, Charlotte, N. C Jan. 4, 1878. LEWIN W. BAR RINGER, (Son of the late Hon. D. M. Barringer of N. C.,) Attorney and Counsellor at Law. 436 Walnut Street, PHILADELPHIA, PA. Prompt attention to all legal business. Best references given as to legal and financial responsi bility. Commissioner for North Carolina. References. Chief Justice W. N. H. Smith ; Raleigh National Bank ; 1st National Bank, Char lotte ; Merchants and Farmers National Bank. March 15, 1878 ly-pd DR. RICHARD H. LEWIS. Raleigh, N. C. (Late Professor of Diseases f the Eye and Ear in the Savannah Medical College,) Practice Limited to the EYE and EAR, Refers to the State Medical Society and to the ueorgia Medical Society. Oct 12, 1877 y Central Hotel BARBER SHOP. GRAY TOOLE, Proprietor, keeps the best workmen employed, and guarantees pleasure and satisfaction to customers. Shop immediately in rear of Hotel office. June 8, 1877. I CHAELOTTE, The South Carolina Committee on Frauds are printing their records, and would astonish the world by their disclos ures, if astonishment has not already been exhausted. According to their exhibit the African legislature of 1876 issued pay cer tificates to. the amount of over a million dollars, and had 275 porters in their em ployment. " , A RE-SALE OtLot No. 8 (129 Acres) of the JnO. P. Patterson LANDS, near Davidson College, will take place at the Court House in Charlotte, , on Wednesday, the'jOth of April. TiRMB y& Cash and balance on 6 and 12 months credit, with interest, and title reserved until full payment v. H. P. HELPER, RUFUS BARRINGER, ' March 8, iSflS ? kW 'Commissioners. GOLD MINES ; For Salev;' By Virtue of a Decree of th Buperior Court of Union county, made at the Fall Term, 1877, I will proceed to sell on Monday the first of April, 1878, at the Court House in the town of Monroe, the fol lowing valuable MINING PROPERTY, belong ing to the Estate of Hugh Downing, dee'd, viz. : The Stewart Gold Mine, Machinery, and all the Fixtures belonging thereto, lying on the waters of Goose Creek, containing 495 Acres. Also, the Fox Bill Gold Mine, lying on the waters of Goose Creek, containing 195, Acres. Also, the Lemmond Gold Mipe, lying on the waters of Goose Creek, containing 734 Acres. And also one other Tract known as the Long Gold Mine, lying on the waters of Duck Creek, containing 50 Acres, . " The aforesaid properly is valuable for mining and farming purposes; also, a fine Mill Site on one of the Tracts. 1 ... Tekms 10 per cent cash ;' balance on a credit of six months, with bond and approved security ; no title to pass to the purchaser until all the purchase money is paid. ' .. G. W. FLOW, Feb. 1, 1878 2m Commissioner. FRESH , GARDE N SEED. We have just received a full supply of Fresh Garden Seed, which we are 6fiering at both Whole sale and Retail prices. ; j . WILSON & BURWELL, Jan. 25, 1878. : . - Druggists. , : . Garden Seed. A full assortment of Buist's Genuine Garden Seed, just received. We warrant allseed to be fresh and genuine from the crop? of 1877, at J. H. MeADEN'S Drug Store. Feb. 15, 1878. , ' Established 1851. Established 1851. . .EWAfLftL COHEN, Are daily receiving their Spring Stock of Dry Goods, Purchased by Mr Elias in the Northern markets. Among them 10 Cases New Style and handsome Spring Prints. Also, Goods suited to the present season, which they offer at reduced prices to the Trade. We are Agents for Holt's well-known and gen uine Alamance Plaids. Winter Goods cheap now to make room for Spring Stock, wholesale or retail. Come and see for yourselves. Feb. 22, 1878. ELIAS & COHEN. Seed Oats! Seed Oats!! 1 nnn BUSHELS Virginia, choice. White A,V-f-rvy SPRING OATS, just received, W. W. WARD. Feb. 1, 1878. E. G. ROGERS, FURNITURE DEALER, Next door to the Post Office, CHARLOTTE, N. C. I have opened a full stock of FURNITURE, comprising all grades, Common, Medium and Fine, In the building next door to the Post Office. This stock is entirely new, and bought at bottom pi ices. I will sell low, and all goods will be found as represented. Special care will be taken in packing in connec tion with the Furniture Business. Charlotte, N. C, Dec. 14, 1877. 1878. HARDWARE. 1878. KYLE & HAMMOND, WHOLESALE AND RETAIL DEALERS IX Hardware, Cutlery, Nails, Iron, Steel, BUGGY AND CARRIAGE MATERIAL. A large and well selected stock of first-class Goods and the lowest prices will tell. The steady increase of our business is positive proof of this assertion, and after thanking our customers for their liberal patronage during the past year, we would' say to all, Merchant, Farmer, Mechanic, That we are determined to sustain our reputation for low prices and fair dealing, and to keep the best Stock of Hardware ia i&e State. Don't fail to call on us. KYLE & HAMMOND. Jan. 4, 1878. FERTILIZERS. Manufactured by the long tried PATAPSCO GUANO COMPANY, Baltimore. No Company has a higher reputation, and no Fertilizers more popular than the brands now offer ed to the farmers of Mecklenburg by JOHN A. YOUNG, Office in the Court House. March 8, 1878 6w J. S. MYERS Has for sale Cedar and White Otk Posts for fencing ; Cedar Posts for Grape Vines, fine Grade Cattle, Berkshire Hogs, Pine Cord Wood in large or small quantities ; Cheatham Cotton Seed, the earliest and best of the improved kinds ; and the best native Cotton Seed, partly mixed with the best varieties. Feb. 22, 1878. 6wpd. Family Provisions Of all sorts Sweet Yam Potatoes, Eggs. Dried Fruit, Fish, &c. at low cash rates. Saur Kraut a nice article. March 8. 1878. B. N. SMITH. - : ,. 1 .'. ,t-',. ; .' 1 ". !'' - 1 " t 1 1 1 t" ' N. C, FRIDAY, MARGHk22, Mormon "Ways,-, Questions. 1 . rIs the gpyerrment of Utah, especially as regards the' civ.il law ruling there, materially different from that -in the other territories? v - . 2. Has each of a sertCrBf living wires of a Mormon, married'joliim" according to Mormon rite, or ' Utah! -law, a co-eqqal right of dower, either in thai; territory or as affect ing property;tJe husbandmay' die seized of in any other part of tAeJnited States? If not, and only the firs-DHje. would be recog nized in the latter case -whai is the legal standing of the other wrres outside of Utah with regard to the marriage by them con tracted in that Territory? 3. How did the suit definitelyjterminate brought by one of the late Brigham Young's wi ves . againffV him FtrIi vorce and -alimony? Was she the first in order of his living wives, and what sort of Oourt did she have re course to ? 1 Hoping the information sought may in terest other readers of your priceless paper equally as. mucb as the writer, I remain again -Jelocs Reader. Reply. 1.' The raws of Utah are based upon the act of Congress approved Septem ber 9, 1850, erecting a government for'that territory, and this fundamental basis is not essentially different from that of other ter ritories. The special characteristics of its law are derived from the acts of the Terri torial Legislature, which has skillfully flank ed the difficulties likely to arise out of dower rights through polygamous marriages, by abolishing dower altogether. , Dower rights are, however, generally gov erned by the law of the State where the property is situated and not by that of the matrimonial domicil ; and accordingly a real Utah widow might have dower in real es tate of her husband situated in New York State. But she would first have to prove a legal marriage ; and according to the deci sion in the case of Eliza Young, it is not sufficient that the marriage is valid in Utah. Her suit was in a New York Court, if we remember correctly, and was for divorce and alimony, and the decision was that 'she' not being the first wife was no wife at all, and therefore not entitled to the relief sought. N. Y. Journal Commerce. - A Peophetic Utterance. Amongst the Circuit Judges - recently elected by the South Carolina Legislature was the Hon. A. P. Aldrich as Judge of the Second Cir cuit. Judge Aldrich occupied a judicial position in South Carolina lor many years, but in 1868 left the Bench rather than obey the military authorities at that time ruling ovemhat - fHate. In -retiring from tho bench, Judcje Aldrich then said: "The indignity put upon me is of little moment, but it almost breaks my heart to see this grand old State humiliated through my poor person. But gentlemen be of good cheer. 1 see the dawn of a better day. The great heart of the people of this land beats to constitutional liberty ; and if God spares my life I will yet preside as a Judge in South Carolina Courts with my ermine unstained. Mr Sheriff adjourn Court while the voice of justice is silent." FRUIT TREES. At Reduced Rates. T. W. SPARROW will sell Fruit Trees at re duced rates to those who will send or leave their orders at Jas. H. Henderson's Store, opposite the Court House, Charlotte, N. C. He has a lot of Trees for Spring planting and will take orders for Fall delivery. In his absence, Mr Henderson will attend to the business for him. T. W. SPARROW. March 15, 1878 6m Fertilizers. OA TONS Preston & Sons AMMONIATED BONE SUPER PHOSPHATE to arrive at Matthews Depot, C. C. Railway, about the 20th inst., for sale by j. Mclaughlin & co. March 15, 1878. Absconded.. . Cyrus Vance, a white bound b6y, left .my premi ses, 41 miles from Charlotte, o'n: Wednesday the 13th inst., and so conceals himself that Xcannot get possession of him. He is about 15 years old, spare built and rather small for his age. I am entitled to his services until he is 21 years old, and therefore forewarn all persons against harboring or employ ing said boy. Any information concerning him will be thankfully received. March 15, 1878. WM. ELLER. FIRST IN THE FIELD! AS USUAL. I have just received a part of my immense Stock of Gent's and Youths' Clothing and Furnishing Goods, for the Spring Trade, also a large stock of Men's and Boys' Hats, the prices of which will convince you that my motto still is quick sales and small profits. March 15, 1878. S. WITTKOWSKY. NEW BUGGIES. At my Shop in the rear of Wadsworth's Stables, 1 have a few nice new Buggies for sale at low rates. I also make and repair Wagons, Buggies, Car riages, &c., and do all sorts of work in my line. Give me a call. W. S. WEARN, In rear of Wadsworth's Livery Stables. Aug. 31, 1877. The Rising Sun's Attractions. The Earth held in its orbit by the attractive poicen of the SU2f, And bathed in the light of its controlling Lumin ary, sweeps onward and upward in its swift career, until it comes back to the point where C. S. HOL TON has laid in a fresh lot of Fruits, comprising in part Bananas, Oranges, Apples, Canned Peaches, Pears, Pineapples, Blackberries, &c. Also, a lot of Canned "Vegetables, Fresh Candy, Cakes, Pies and Light Bread, Coffee, Teas and Spices. Soda and every other variety of Crackers. Toys for all sized children, without regard to sex. All kinds of GROCERIES to meet all demands of the general housekeeper, put down to equalize the coming remonetized Silver Dollar, a bright luminary of "Ye Olden Time." Feb. 15, 1873. C. S. HOLTON. Cigars. 10,000 Cigars, selected for the retail trade. Just received by WILSON & BURWELL. Feb. 22, 1878. I 'IFromthe PhUadeln&ia'lIkriiniaiJi; In the report of the boardof'regenta t the Uniyereity of Wisconsin for 1877 r6 find som statements which, bear so directly upon tha .terminable discussion asf to Jtfce relatiyieHdapadity oX'the'Bejek for, meutal labor . that deeni "jfhem of passing noticed One of -.the rules of, this Jhivrfity, 'vhejfe the experiment of ropeducatioo has4Kw,b6en carried on for some y ears, requires a rinjnber of gerUlemen not immediately, connected with the institution to be present at the an nual examination and niake, a .report there on loathe TegeMa. . Incpursuance of this duty their report after Alluding to the gw sralftilitiwior instruction, thef. Apparatus employed in the several departments, tc ?ipreif4es-the" following import ant conclu sions;. The young women sustained the tests of examination at least as creditably as th young men, and excelled in the pre cision and promptitude with which they 're sponded to questions. The board of yieitors, however, were deeply impressed with the, appearance of ill health which most of the girls . presented, and it did not seem to them probable that by mere coincidence so many young women should be congregated to gether offering this peculiarity. The hy gienic condition of the University being ex cellent, they were compelled to look else where f$r the cause, and believe that they have foind it in the fact that the curriculum, requiring both classes of students to be sub jected to the same systematic training, makes no allowance for those periods at which wo men require more or less complete physiolo gical rest. They allude to overwork as a cause of anaemia, and add : "It is this very condition of bloodlessness which is so notice able in the women of the University at this time; the sallow features, the pearly white ness of the eyes, the lack of color, the want oi physical development in the majority, and some absolute expression of anaemia in very many, all indicate that demands are made upon theru which they cannot meet." The President of the University, in a tone of ill-concealed wrath, after thanking the board of visitors for not alio ing their criti cal acumen to suffer by disuse, regretting that they have re-opened a controversy which he considered closed, and remarking that "to be pushed back into the water when we have just reached the shore, is trying" an undoubted truism attempts to refute their assertions. The Church of the Strangers in New York. "When the Baltimore Conference of the Methodist Episcopal Church, South, was in session, the Rev. C. Y. Deems visited it. The Su"ncsay&: w " k.-t. "Rev. Dr. Deems, by invitation, gave briefly a history of his work in New York. His church was independent. The Apostles' Creed was his simple faith ; the pastor held all the authority and God the rule. In ten years he had received 870 members, of whom 560 now remain. All shades of opinion were among his congregation, from the strictest Calvanism to the last stage of lib eral orthodoxy, but there had never been the slightest jar or discord. There was ho church debt. New York is an excellent watering place, and he spent his Summers there. His greatest harvest time was in those months when most other churches were closed. He preached the same old Methodist sermons that he did when a mem ber of Conference, and always found the most effective to be those he had preached to the colored people while riding a circuit in North Carolina. When a sermon of his was quoted in the papers it was sure to be one of his "colored sermons." He thanked God for the wonderful and unexpected suc cess he had attained." Sad Case in- New York. Mary Pfeiffer, a wife and mother, who was arrested last week for shoplifting, made confession to a long series of crimes at her trial, and claim ed that she had stolen to keep her husband, who was out of employment, and her child from starving. When Justice Moore im posed sentence, he told the distracted woman that she had confessed to crimes sufficient for him to send her to the State prison lor eighty years. She was sentenced to the Penitentiary for three and a-half years. Soon after, while awaiting transfer to the Penitentiary, she was found almost insensi ble from the effects of laudanum, and a bot tle half filled with the drug, which some acquaintance had surreptitiously given her, was found in her pocket. Her life was saved with difficulty and her first feeble words were: "You've stopped me this time, but I'll make an end of my life yet. I'll never serve my time out." ' , ' .- Kinw Outdone by a Boy. A lad in Boston, rather small for his years," worked in an of fice as errand boy for four gentlemen who do business there. One day the gentlemen were chaffing him a little about being so small, and said to him : "You never will amount to much, you never can do much business, you are too smalL" The little fellow looked at them and said: "Well, as small as I am, I can do some thing which none of you four men can do." "Ah, what is that ?" said they. "I don't know as I ought to tell you," he replied. But they were anxious to know, and urged him to tell what he could do that none of them were able to do. UI can keep from swearing " said the little fellow. There were some blushes on four manly faces, and there seemed to be very little anxiety for further information on the point. aiu A Mother's Love. A mother whose cry ing infant made the sermon ot her pastor almost inaudible was going from the hall when the clergyman spoke up, saying, "My good woman don't go, awAy. The baby doesn't disturb me. jXt isn't for that I leave, sir," was her repltf :V"Ua.you disturbs the baby." 'T ' " - - 1 t'-t- A"il 1 ...'Jb.ii'U-.i.'V.;'.!:.. ,, ! Digest '6f - a'SaBrtiielCoulJadMons, tReporWlcthe& I. 3y i Smitl JBloun TSRsrtot fr-RwanfifAnac the-.tortious fonveWSM jwertjc'1 taUon , rupsr .frjoin;,tho .date? of uchoonvei j 1 Where a case has been decided l 'iSrjpf of the defendant on- the plaintiff's appeal,' as hereNo 96bt Plaining the pfetfoTthe Britt, f rora Bowsorj.---Iri isrd y , ciase, wnere the examination of the woman before a 'Magistrate was read in evidence, the testT mtmy of the ttan,' offered to show that he had never ha"d any intercourse with her, FS competent, and it is also competent for him to sustain his testimony and to rebut hers, to 6how by another witness that about nine months before the birth of the child the woman had intercourse wTith another man and that such intercourse was habitual; also to show by the midwife present at its birth that the child resembled such other man. If State vs. Bennett, 75 N. C. 305 is to be considered as authority, the evidence as to the woman's intercourse with another man is still rendered competent under that decision by the defendant's own oath that he had never had any connexion with the woman. By Smith, C. J. State vs. Patterson, from Northampton. If there is no evidence or if the evidence is so slight as not reason ably to warrant the inference of the de fendant's guilt, or furnish more than mate rial for a mere suspicion, it is error to leave the issue to be passed on by a jury and they should be directed to acquit. If how ever there is evidence proper to be submit ted to the jury, they alone must weigh aud determine its credibility and sufficiency. Where it was proved that lint cotton was stolen from some bales at night, and bags containing cotton like that taken from the bales were fotmd concealed near the place, the defendant being seen the same night hid behind a wood pile, near bv and also recognized by his' voice : it also being proved that about a month afterwards two 'f bags, similar to those in which the other cotton was iound, and with the same marks upon them, filled with the same sort of cot ton, were found concealed in a crib in pos session of defendant, under some cotton seed, about-a mile from the place of the HheftfTia-explatration biirggTrrby him : Held, 1 he evidence was properly submitted to the jury, and they alone must determine its sufficiency. The Judge who tried the cause not having exercised his power of setting aside the verdict, this Court cannot disturb It. State vs. Kent, 75 N. C. 311, differs from this case, in this, that there the bacon found was a different kind of bacon from that stolen. By Smith, C. J. Bass vs. Bass, from Halifax. I. Where a testator devises all his property, real and personal, to his wife "to be disposed of by her, by will or in any manner she may direct" ana the wife died without having made any disposition by wrill or otherwise. Held, The widow took an absolute estate and not an estate for life only with power to dispose of the reversion, and at her death the property goes to her next of kin, hence a daughter of the hus band by his wife will inherit no part of the estate. II. Some of the defendants being infants without general or testamentary guardian on whom process could be served, came into Court and accepted service. Held, This could not be done and proper parties not being before the Court no judgment can be rendered and the above expression of opin ion by the Court is only made to facilitate the settlement of the estat e. By Smith, C. J. Gulley vs. Barden, from Sampson. Where the plaintiff em ployed the defendant to sell sewing machines for him and took a bond with sureties for "the payment of the wholesale, or agents' price, for all machines sold by said agent and the return of all not sold in as good order as received," and the defendant of fered to return some of the machines, which, being injured the plaintiff refused to re ceive. Held, The plaintiff is not entitled to refuse the injured machines and to re cover their full value, but his measure of damages is the difference in their value (es timated upon the basis of the contract price) in the condition when received by the defendant and their value upon the same basis, when offered to be returned. By Reade, J. State and Cannady vs. McCullers. from Wake. A prosecutor can be ordered to pay costs where the prosecu tion is frivolous and malicious, and he can be imprisoned therefor if he fail to pay. Neither a fine nor costs inflicted as a pun ishment is a debt within the meaning of the clause of the Constitution in relation there to. There is nothing cruel or unusual in requiring a prosecutor who fails in his prose cution to pay the costs and to be imprisoned if he do not pay them. By Reade, J. State vs. Jenkins, from Burke. Where the meat stolen belonged to a Railroad and was in its possession in its depot for the purpose of feeding its hands, an indictment laying the property in the depot agent who had no property in it and who had nothing to do with it, except to give it out to the railroad hands to eat and to keep the key of the house, is fatally de fective. Such agent is not a bailee and in deed can, himself, commit larceny of such property. This Is true of a servant or agent of any kind who has no property in the thing stolen, although, he may have the pass upon' the -exceptionllif Ahe MefehdaB to the ruirasrs of the Cirtf1ftigard itb?Jhe j . r., I I s it 1 I Ry Rodmfffl, J. Dobsoa T.;Jimcjt1' from IredjelLf-Wheiie3& that ' a 'tTorpomtldrr ' tieref: brga4iike4 i thit judgment against it Eril xiullfVelf 5 Jhat the executrix of tfc alleged caihierii" wasting the assetart-nd there fa fL'pafir -i3 declare sties' judg'meataiigpsifflifUieiiK j leged ba ok.-void ;.to; declare It- supplied' . assets part ot the estate uflha" caibieTwhcTT- It is alleged was really thebank,: aMare--" strain: the! j&dgmejittcrecLttbr s6fHhlink cashicxfrbmtpajic triy idfiht oti rof h"er,testator and-for.an ac- judgment" creditors allege 'In their mnswcr.t that the bank '.was substantially organized" underw its act of incorporation; that the officers held themselves out as such and the ' bank did business for years under ita cor porate name ; and that they relying on such representations became its creditors; both sides admitting that if there was a bank,- it has now voluntarily dissolved. Held, That it is a clear case lor the appointment of a Receiver and the injunction should- be con tinued until the hearing. The isjraes of fact must be submitted to a jury unless the par ties agree to submit them to a Referee. The case is to be remandedVeither party iocoyering costs in this. Court.- ; By Reade, J. rBrunhildiJ1. Freeman, from New Hanover. Where defendant exe cuted notes to A, who assigned' them to plaintiS as collaterals before maturity,, and defendant executed new notes for half the amount to plaintiff as he alleges, and as foundry ethe jury, on a promise to ;8iirrenj?r. der the Id notes to him, which plaiitflffdid vt not do, but returned them to Aast the ' Court charged that on that state o facts the plaintiff, whose action is brought on the new notes, could not recover. Held, That it was error for the Court to leave out in its charge consideration of . the further fact which was proven and not denied, that after the making of the new notes the de fendant and A made an arrangement of their matters and went together to the plaintiff, whereupon." by consent, the old notes were destroyed. By Reade, J. Mabry vs. Erwin, from Buncombe. By the law, as it stood before the C. C. P., a regular judgment could not be set aside after the term of the Court at which it was rendered. Such is still the law except that under C. C. P. a regular judgment may be set aside for, mistake, in advertence, surpriae br exciisable' mistake of the party against whom it is rendered if the motion is made within one year after its rendition. An irregular judgment, i. e. one rendered contrary to the course and practice of the Court, may be set aside at any time. A judgment by default final upon a former judgment, or decree inequity, is not ren dered irregular by plrintin not making pro fertofsaid former judgment as required by C. C. P., sec. 217, as that is suspended b the act suspending the Code, BatU RevT ch. 18. Such judgment not having; been recovered before the Clerk, but given by the Court in term time, is in all respects regular. . : By Reade, J. Hanner vs. Graves anil Building & Loan Association, from Guilford j A referee's report allowing the defendant , corporation, in settlement of a mortgage given to it by one of its members, the ; amount of its loan with interest and money expended for insurance on the property, deducting only what was paid as instal ments, is unexceptional. A point made on the argument as to the status in the corpo ration of the other defendant, "wiiich is not involved in the consideration of the referee's report, and which does not appear in the exceptions, will not be considered. , , , By Reade, J. Bunting vs. Jones, from Wake. Where the plaintiff bought and paid for land and had the deed made to the defendant under a verbal agreement that concurrently with the making of the deed the vendor, the defendant and his wife were to execute a mortgage to the plaintiff for the amount of the purchase money, and A made and executed the mortgage but his wife refused to ioin. Held, The -plaintiff is entitled to a judgment for the amount of , the purchase money and a sale of the land -to pay it. The deed from vendor and the mortgage from defendant being concurrent . are considered one act and dower and . ' homestead rights did not vest in the wife. The title did vest, but not in Jones, but ) . "Like the borealia race That flit ere you can point their place." It passed directly to the plaintiff. Even If ' this were not so, plaintiff's money having paid for the land under such an agreement he has an equity to call for the legal estate unaffected by dower or homestead rights) besides the plaintiff's demand is for the pur chase money against which the homestead cannot be set up. By Rodman, J. Sossamon vs. Pamlico Bank and Insurance Company, from IredelL. Where there was a provision in a policy of insurance against fire, "when the pro perty herein insured, or any part thereof shall be alienated, or in case of any transfer or change of title to the same or any part thereof or any interest therein without the consent of the Company endorsed hereon, &c., &c, this policy shall cease to be bind ing on the company," and the insured mort gaged the property without the consent of the Company obtained and endorsed on the policy, he cannot recover in case of loss. The condition is neither unreasonable nof unjust in a policy of insurance, and there ii no reason why it shall not be enforced like the terms of any other contract. Continued on th Second Page
The Charlotte Democrat (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 22, 1878, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75