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"' - 53 ,;i-f-cS -. .WWffl ; - -firm frv-VrVA i If". : V' fliVtT, !' I www ' I-' Ml. I; ' n ' OLD SERIES : VOLUME XXX. CHARLOTTE, N. C, FRIDAY, JUNE 30, 1882. VOLUME XL NUUBER 582 THE Charlotte Home and Democrat, Published eveby Fmdav by J. P. STRONG, Editor & Proprietor. Terms Two Dollars for one year. One Dollar for six months. Subscription price due in advance. "Entered at the Post Office in Charlotte. N. C, as second class matter," according to the rules of the P. O. Department. ROBERT GIBBON, M. D., Physician and Surgeon. OFFICE, Fifth and Tetos Streets, residence, Sixth and College Streets, Charlotte, N. C. .March 17, 1882. tf ' , DR. T. C. SMITH, Druggist and Pharmacist, Keeps a full line of Puie Drugs and Chemicals, White Lead and Colors, Machine and Tanners' Oils, Patent Medicines, Garden seeds, and every thing pertaining to the Drug business, whichhe will sell at low prices. March 28, 1881. J. P. McCombs, M. D , Offers his professiontl services to the citizens of Charlotte and surrounding country. All calls, both night and day, promptly attended to. Office in Brown's building, up stairs, opposite the Charlotte Hotel. Jan. 1, 1882. Sr A. RURWELL. P. D. WALKER. BUR WELL & WALKER, Attorneys at Law, CHARLOTTE, N. C. Will practice in the State and Federal Courts, Office adjoining Court House. Nov 5, 1881. JOHN E. BROWN, Attorney at Law, Charlotte, N. C. Will practice in the State and Federal Courts. Office on Trade Street, opposite the Court House, No. 1, Sims & Dowd's building. Dec 23, 1881 y 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, 1882. DR. GEO. W. GRAHAM, CHARLOTTE, N. C. Practice Limited to the DYE, EAR AND THROAT. March 18, 1881. , DR. J. M MIILER, Charlott6, N. C. AH calls promptly answered day and night. Office at A. J. Beall & Co's store on corner of College and Trade streets Residence opposite W. R. Mytre'. Jan. 1, 1882. -J. S. SPENCER. J. C. SMITH. J. S. SPENCER & CO., Wholesale Grocers AND COMMISSION MERCHANTS, Trade Street ', Charlotte, JV. C. May 19, 1882. WILSON & BURWELL WHOLESALE AND BETAlt Druggists, Trade Street, Charlotte, N. C, Have a large and complete Stock of everything pertaining to the Drug Business, to which they invite the attention of all buyers both wholesale and retail. Oct 7, 1881. HALES & FARRIOR, Practical Witch-dealers and Jewelers, Charlotte, N. C, Keeps a full stock of handsome Jewelry, and Clocks, Spectacles, &c. which they sell at fair prices. Repairing of Jewelry, Watches, Clocks, &c, done promptly, and satisfaction assured. Store next tobprings' corner building. July 1, 1881. SPRINGS & BURWELL, Grocers and Provision Dealers, Have always in stock Coffee, Sugar, Molasses. : Syrups, Mackerel, Soaps, Starch, Meat, Lard, Hams, Flour, Grass Seeds, Plows, &c, which we offer to both the Wholesale and R-jtail trade. All are invited to try us, from the smallest to the lar gest buyers. Jau 1, 1882. 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. t3SF" Cotton and other country Produce sold on commission ana prompt returns made. Nov. 1, 1881. TORRENCE & BAILEY, Commission Merchants College St., Charlotte, N. C, Handle Grain, Hay, Flour, Bran, Cow Peas, &c. Agents for the "EUREKA" GUANO. March 10, 1882. HARRISON WATTS. Cotton Buyer, Corner Trade and College Sts., up Stairs CHARLOTTE, N. C. Oct. 14, 1881. Z. B. Vance. W. H. Bailey. VANOE & BAILEY, Attorneys ana Counsellors CHARLOTTE, N.J Practices in Supreme Court of United States, Supreme Court of North Carolina, Federal Courts, and counties of Mecklenburg, Cabarrus, Union, Gaston, Rowan, and Davidson. t&" Office, two doors east of independ A Strawberry Patch in a Barrel. Persons who live in cities, and only have a small yard where the sun hinoa Sn have nice berries enough for family use wituout Deing troubled by weeds. Take a hogshead, or cask, and f.nmminiA mix inches from the bottom, and with a two- men augur Dore it lull of holes six inches apart. Then fill up by degrees with rich dirt, and as you fill up set a strawberry root in the dirt, with the crown or leaves out of the ausrur hole, and when it is filled to the top you can set a row around the top; but leave a hollow in the center, so that when you wish you can pour in soap suds or liquid manure, so that you can force them to grow very large, and they will be nice and clean. . Tt wnnld he mnre durable to have two or three iron hoops on trie nogshead. rarsley can be raised the lime arav. The hHava ia mnra nmfiil than a rustic stump in the yard. Farming vroria. COMMISSIONERS SALE OF 700 Acres of Valuable Lands. By virtue of a decree of the Superior Court of tne county or Mecklenburg, we will sell at Pub lic Auction, at the Court House door in the city of Charlotte, on Monday the 3rd day of July, 1882, the Lands which were owned by the late Mary M. Wallace. The Home Place. 4 miles from the citv of Char lotte on the Lawyers road, contains 408 acres, wuu a large cries uweiune uouse. good .Barns huu uuier improvements. The Wilson Place, on the Lawyers road. 6 miles irom nanotte, contains iva acres. We will also Bell a valuable Gold Mine in Un ion county, near Matthews', known as the Henry This sale is made subject to the ratification and approval ox tne uourt. Terms One tenth cash : balance in two eaual installments at one and two years, with security and interest from date. Deeds and Plata can he nppn at th T.nw n-ffiro ol Osborne S Maxwell. Charlotte. N. C. Parties ripsirinn tn PYnmino the nrnnrtv will apply to 8. H. Farrow, at the Brick House lace. JOHN R. MORRIS, W. C. WAXWELL, 3w Commissioners. June 16, 1882. LAND SALE. By virtue ot a Decree of the Superior Court of the county of Mecklenburg, I will sell at Public Auction, at the Court House in the city of Char lotte, on Monday, the 3d day of July, 1882, the Lands belonging to the estate of the late Eliza beth Kennedy, deceased, lying about Z4 miles from Charlotte, on the lieattie s Ford road, ad joining the lands of Mary Kennedy, Susan Hen derson and others, containing about 45 Acres. The sale is made for assets, and is subject to the approval of the Court Terms One-nali cash, tne balance payable the 1st day ox January, 1883. W. C. MAXWELL, June 16, 1882. 3w Adm'r. 1882. 1882. SPRING STYLE HATS. PEG RAM & CO. have received and are daily receiving a beautiful line of Gents' Silk, Stiff and J'elt HATS. Don't fail to call and see them. PEGRAM & CO. March 3, 1882. BLACKSMITHING IN ALL ITS BRANCHES, AND WORK WARRANTED. I have a Wood-shop connected with my busi ness, and will make and repair Wagons of all kinds. Buggies repaired neatly and quickly. J. K. PUREFOY, College street, Charlotte, N. C. April 7, 1882. ly AT THE RISING SUN. C. S. Holton Has in store a fine lot of Lemons, Apples, and a fresh lot of Caudies. Call and see them. C. S. HOLTON. March 17. 1882. TO THE INTEREST OF Our Patrons. Just received, a large lot of LAWNS IN MOIRE EFFECTS. We invite your special inspection of our large CHOCK OI Black Dress Goods, Embracing every thing in that line, Black Silks, . i a . 1 Yt. T n n Urt.TrillAnw nrtl Dal.mali flfit inn Mnirea. &c. Our stock of Colored Dress 4nn. nr. Trimming's ia also comblete. Our line of WHITE GOODS Cannot be beat. Ask to see our fieured and col ored Mulia. We have the cheapest stock of Para sols in the State, look at them before you buy. . r . . 1 . : n 1 T .'li...' w e nave a targe line umew uraigus m uaum Neck Wear. Look at our Corset for $1. Sarah Bernhardt and Foster Kids, Lace Nets in black and colors. We have a stock to meet the demands of every one. If you don't see what you want just call for it The young men will find a handsome stocs or Clothing, Straw and Fur Hats, on our counters, and if you want something nice come down and get the newest thing, an "Oscar Wilde" Collar. The Ladies will find a line of New Fans on our counters, and some of them are just "too too. Prompt attention to orders. HARGRAVES & WILHELM. April 14, 1882. OUR SPRING STOCK Is now Complete. Wholesale and Retail Bayers Are invited to examine it before making their purchases. Handsome Stock OF NEW CARPETS, Oil Cloths and Rugs. HOUSE FURNISHING GOODS a Specialty. The laigest and cheapest stock of Embroideries In the City. Call and see them. Elias & Cohen. March 17, 1882. Busy Baby. Oh, the busy, busy baby 1 . Never idle for a minute ; - Not a single thing is doing But his little hands are in it Oh, the buBy, busy baby ! Now his mother bread is molding, For a little baby biscuit, Winsomely his hand he's holding. Pleased he takes the doughy "bickit," Strews the flour about to make it. Prints it with his cunning finger, Then must in the oven bake it Oh, the busy, busy baby I In his head is some new notion ; Something roguish he is planning, I can see it in each motion. Yes, he's filled his father's boot-leg . From the coal-hod, black and sooty ; "Hands all brack," he's learned to prattle, "Mamma, pease to wash 'em pooty." Now where is my busy baby ? . In the pantry we shall find him ; He's in mischief just as surely, For he's shut the door behind him. Sure enough my loaves are scattered, And the bread jar holds my baby ! Out of business, for a wonder, Conning some new mischief, maybe. Hush ! you see his eyelids closing ; Tired of play he'll soon be sleeping ; I muBt work while busy baby Rests in slumber's kindly keeping. Th$ Watchman. Precept and Practice. A eood story is told of a minister, who, happening one day to pass by the open door of a room where bis daughters and some young friends were assembled, thought, from what he overheard,that they were making too iree wtm tne cnaracier of their neighbors ; and after their visitors had departed, he gave bis children a lec ture on the sinfulness ot scandal. Ibe answered: "But father, what shall wetal about ?" "If you can't do anything else," replied he, "get a pumpkin and roll it about; that will at least be innocent diver sion." A short time after, an association of ministers met at his house, and during the evening some discussions on points of doctrine were earnest, ana ineir voices were so loud as to indicate the danger ot losing their Christian temper ; when hi eldest daughter overhearing them, produc ed a pumpltin,and, entering the room,gave it to her lather and said : "There, father, roll it about." The minister was obliged to explain to his brethren, and good hu mor was instantly restored. Where Shall I Spend Eternity. A lady had written on a card, and placed it on the top of an hour glass in her flower house, the following simple verse. It was when the flowers were in their highest glory : "To think of summers yet to come, That I am not to see ! To think a weed is yet to bloom From dust that 1 shall be." The next morning she found the follow ing lines in pencil, on the back of the same card. Well would it be if all would pon der the question act in view of, and make preparations for, an unknown Btate ot existence. "To think, when heaven and earth are fled, And times and seasons o'er ; When all that can die shall be dead, That I must die no more. O, where will then my portion be, Where shall I spend eternity f" A Doff Story. Zach was a fine Newfoundland. His home was a large cuntry-place where six children were his play-lellows. lhey often played hide-and-go-seek, and he would take his turn while the children hid, or hide as well as any of them. When the father of the children came home at night Zach always bad a romp; but he had little to do with their mother, except dur ing thunder storms. Then he always ran to her and hid his bead in her lap. uue day the children made a flower-bed by the uorch. and Zach seleoted the same place to bury a large piece of corn-bread. The grouud was smoothed over and the oread thrown away. Next day Zach went for his bread, and, failing to get it, dug up the whole bed. for several days the bed was regularly fixed and dug up, until the children were forced to find another place lor their bed. The next spring they started a new bed by the porch, but the first day Zach dug it up. Some one then suggested that they bury a piece ot corn bread and let him find it. The next day Zach dug as usual and found the bread. He ate it up, and never dug there again. Herald and rresbyter. KNITTING YARN. Blue, Brown, Red and Slate KNITTING YARN In Hanks, at BARRINGER & TROTTER'S. April 7, 1883. SPRING STYLES! We are now opening our new Spring and Summer Styles of MILLINERY, Including all the latest novelties in the Millinery line. Hats, Bonnets, Flowers, Plumes, Ribbons, Silks, Laces, Sec., in all the new styles, colors and qualities. Also, all the new styles, and qualities of Laces embracing White Goods, Neck Wear, Hosiery, Gloves. Parasols, &c., the largest and most com plete Stock in the City. We have opened our Pattern Hats and Bonnets, And will be pleased to show the Ladies the GRANDEST DISPLAY OF FINE MIL LINERY they have ever seen in this city. March 31. 1883. A. J. BEALL & CO. Have just received a large supply of Fresh Mackerel in all size packages. Corn. Flour. Hay. Bran. Meal, Stock Feed, and in fact everything kept in a First-Class Grocery re A. J. BEALL & CO. June 2, 1882. The Trae Ring. "Wanted, clerk at 650 Washington Street." , This was the advertisement that ap peared in one of the morning papers of a arge city. : 1 Many a young fellow who had been seeking employment, for weeks felt his hopes rise as he read it. Fred Barker beard , it at the breakfast table the day after it appeared ; his sister Louise said, "O, Fred ! I forgot to tell you that I saw in yesterday's paper that Mitchell & Tyler want a clerk ; that will be the place above all others for you. It s a splendid store. Of course you can get the place if you are not too late. You can take a letter from Uncle Horace ; his influence and your appearance will settle the matter.- Jt heard Mr. Mitchell was real fussy about his clerks, but I am sure he can find nothing to object to in my handsome, well-dressed brother. and the elder sister looked admiringly at Fred's fair face, smooth locks, and well fitting suit. ".Perhaps I'll call around there after a while," Fred said carelessly. "nease hurry and go now. won't you ?" his sister said ; "I'm afraid some body has snatched up the ; place before this time." Fred finished his breakfast in a leisurely way, put a few extra . touches to his al ready careful toilet, lighted a cigar, and sauntered forth. "Better throw away your cigar before you go in ; Mr. Mitchell might obiect to that," said Louine, who stood on the front door as he passed out. "He'll have to take me as I am," Fred said with a lofty air ; "all gentlemen smoke. I do not propose to be a slave to him or any other man." He called at his uncle s office in the way and procured a letter of recommen dation. Thus equipped he felt confident of success. Just behind him there walked with brisk step a boy of fifteen, a year or two youuger than himself. This was David tregg- He too had seen the advertise ment, and was on the way that very min ute to 650 Washington street. He was the eldest of a family of children whose father had died at the beginniug of this long winter. David bad tried hard to find employment, had improved every moment in doing odd jobs for anybody, had studied the papers and answered ad vertisements until he was well-nigh dis couraged. The places were sure to be hlled by persons who had influential friends ; he had none, for his father had removed to the city from the country only a short time before his death, and now, more because be applied for everything he heard of than irom any hope of success, he had risen very early that morning, and while bis mother was preparing breakfast put himself in the neatest- possible order to go to Mitchell & Tyler's. When he appeared at the breakfast table looking so bright and neat, his mother thought he was a son to be proud of, the handsomest boy in the whole city, yet his face was actually homely as far as beauty of features was concerned ; his clothes were coarse, and he had no fancy neck-tie, uo flashing pin, or gold cuff buttons, like the elegant young gentleman who now walked before him. What was the reason that among the large number of boys who filed in and out of Mitchell & Tyler's private office no one of them bad yet been selected to fill the vacant clerkship? Mr. Mitchell, the senior partner of the firm, had asked some plair., straight-forward questions of them, "Where do you spend your evening?" "Do you play cards, go to the theatre ?" etc. ; tor Mr. Mitchell had declared to his partner, "If there is a boy in the world who has good habits and right principles, I'm going to hunt him up it it taken all winter ; ' so it turned out that many of the boys could not give satisfactory answers to the searching questions, and others when Mr. Mitchell sounded tbeir knowledge ol figures, were not ready reckoners. They came and went for one whole day, and as soon as the door was opened the next morning candidates came flocking in like birds. And now it was Fred Barker's turn. He stood before Mr. Mitchell, his hat on bis head, his cigar removed from his mouth, it is true, but the smoke thereof curling upwards into the merchant's face. He presented his letter ot introduction. Mr. Mitchell read it, then asked a few questions. Meanwhile his practical eye was taking it all in, the cigar, the imita tion diamond, the large seal ring, the flashing necktie. He knew in a twink ling where Fred Barker probably spent his evenings, and that it would take more money to indulge his tastes than he conld honestly earn. To Fred's astonishment, he presently heard, "I do not think, young man, that you are just the one we have in mind for this place." Then before he knew it he was bowed out. The next boy who was admitted did not advance with such an over confident air. He held his hat in his hand, and spoke in a modest, respectful manner. "Have you any recommendation?' "No, sir, I have none," David answered, a little dejectedly. "We have not been long in the city." "Well, you need none, if I can trust my eyes," Mr. Mitchell remarked to himself. The bright, frank face and the manly air of the boy impressed him most favorably ; he was still more pleased when he drew him into conversation and learned what books he was fond of, and how he was going on with his studies, evenings, al though he had been obliged to leave the high school and earn bis living. Mr. Mitchell had very sharp eyes ; he took note of the well-brushed garments, the shining boots, the snowy collar and cuff, the delicately clean finger-nails even by such small things as these is character read and above all, the look of sincerity and honesty shining from the blue eyes. "Well, David," Mr. Mitchell said, as he got up and walked backward and forth, "what if I were to tell you that you can have the situation, provided you will work a part of every Sabbath ?" It was a most cruel test. The boy hesitated -just a moment then he said, while his color rose and bis voice choked, "I should say, sir, that I cannot accept it." "Not even when your mother needs money so badly ?" "No, sir; my mother would not use money so earned. She has always taught me to obey God and trust him, come what will." . - "That has the true ring, pure gold," said Mr. Mitchell, bringing his hand down on David's shoulder. "My dear boy, I want yon, and I do not want you to do any work for me on the Sabbath. I will pay you ten dollars more a month than the last clerk received, beeause I am glad to find one boy out of a hundred who remembers his mother's teachings, and fears to disobey his Lord." ivT Y. Evangelist. - The Recuperation of the South. In his address before the Senior Class of Trinity College, N. C, Dr. Lafferty makes the following eloquent recital of the trials and triumphs of the people of the South : "It battle tested the prowess of the Soutb, defeat tried them in the furnace. The social and political fabrio tumbled to pieces. The African from the rice swamp was ordered to put his maddy foot on the neck of scholars and statesmen. It was as if a continent, with all the fair works of art aud civilization, had suddenly sunk below the sea level and the monsters and ooze of the ocean had flowed in over all. Judas at home aud Barrabas from abroad joined hands and became the fiduciaries of the public purse aud the protectors ol private right ! When the war ended nothing survived in the way of property that was not in destructible or unconvertible. The home necessities had gleaned the field the enemy had devastated even the stubble. The loss in personal property (leaving out the slaves) was two billion twice the in demnity France paid Prussia. This was two-thirds of all the property in the South. In addition to this two billion there must be added the expense of the Confederate war (represented by Con federate bonds and Confederate Treasury notes,) amounting to a hundred million. This was lost. In addition to this two billion and this hnndred million the SouthJ was saddled with its part of the United States war debt of two billions and a half And on the top of these vast sums must be piled fourteen millions of private obli gations based on slave property. And worse. The Beed corn had been ground in dire need. The last ox had been eaten. The plough horse had fallen under the Confederate soldier in the fight. Mills and instruments of industry had been burned. Few have - ever forgotten the ruin wrought on Prussia by the enemies ot Frederick. Macaulay paints it as the most woful picture in modern times, yet Frederick lost only 117,000 out of a popu lation of 4,500,000. The South lost 222, 000 out of 5,000,000. The boys, the grandfathers and the cripples were left to redeem land overwhelmed with industrial, political and financial desolation. What race that ever lived could have risen ? The Greek never rose to manhood after the Roman conquest. It was living Greece no more. The sons of the men of Marathon were slaves forever. The bar barian broke the proud spirit of the haughty Roman. In a single decade the South rebuilt her burned altars, lastrated her temples of justice and turned the balance of trade by her exports, and made a United States bond as good as gold. In ten years she had regained political power in Congress and prosperity in her homes. It is a tri umph of character, fortitude, patience, in dustry, statesmanship and prime manhooi over adversity without a parallel in all history. Cure of Diphtheria. "One of the Ambulance" sends the fol lowing extract from a South Airican paper: "We can vouch for the efficiency of the following remedy for diphtheria. A few years ago, when this dreaded dis ease was raging in England, a very simple and rapid remedy for it was discovered by the celebrated Dr. Field. He put a teaspoouful of flour of sulphur into a wine glass of water, and stirred it with bis finger instead of a spoon, as the sulphur does not readily amalgamate with water. When the sulphur was well mixed he gave it a gargle, and in ten minutes the patient was out of danger. Brimstone kills every species of faugus in man, beast and plant in a few minutes. Instead of spitting the gargle out, he recommends the swallowing of it. In extreme case, to which he had been called just in the nick of time, when the fungus was too near closing to allow gargling, he blew the dry sulphur through a quill into the throat, and alter the the fungus bad sank to allow of it, then the gargling, and he never lost a patient from diphtheria." Facts not Generally Known. Galileo discovered the movement of the contribution-box at a camp-meeting in 1812, and said: "It does go round," for whioh he was afterward called rounder. Tarn was first spun by Noah on the ark. The stove-pipe joke was original with Hamlet when he remarked : "The time is out of joint." Plug hats were introduced by Julius Caesar to conceal his baldness. The Troy laundry was established B. C. 1193; that is to say, they had Hector and Achilles collaring and cuffing each other. The bootjack was first used as an offen sive weapon in the time of Cataline the conspirator. Treating was first introduced by David, who gave Goliah a sling that went to his head. - Fine cut tobacco was first used by Chau cer. Boston Bulletin. At the recent royal wedding, the PritiCess Beatrice wore a dress which once belonged to Catherine of Aragon, one of the wives of Henry VIII, an old gold and pink satin covered with $100,000 worth of d'Alencon lace. Synopsis of N. C. Supreme Court Decisions. .June 1882. McAdoo vs. Galium. 1. Where a les sor agrees with a lessee, that' at the ex piration of the lease, then subsisting, "he shall have the refusal of the premises for another year," it was held, that the lessee had the election to rent, or not. the prem ises on the same terms and conditions, and on payment of the same rent, and that the lessor was bound to renew the same upon said terms, if the lessee so elected. . 2. While this provision for renewal is not itself a renewal so as to vest an estate. yet it gives an equity which may be set up as a defence in a summary proceeding in ejectment. . Rogers vs. Odom." -I. The sureties upon the bond of a clerk are not liable for the, misappropriation of funds which, came into his hands receiver, and over which the Court had acquired no control. 2. But where the appointment of re ceiver is conferred upon him under the statute authorizing the Court to commit the estate of an infaut to "some discreet person," it was hwld, that the same is pro tected by his bond as clerk. Battle's Re- visal, chapter 53, sections 22, 47. Kirkmans vs. Phipps.-The Superior Court has jurisdiction of an action by an administrator against the widow, heirs at law, and all other parties interested, for au account and restraining order, in which it is alleged that the intestate in his life time executed several mortgages upon his land had many dealings with the mort gagee, made sundry payments upon, the debt mortgagee was threatening . to sell the land; also, that there were alleged judgment liens upon that land, and th at payments bad been made on some for which proper credits were not given. Hughes vs. Newsom. Where, in claim and delivery, a sheriff returned the pro perty to the defendant, who gave a bond merely to indemnify the sheriff, and not such as the law requires ia such case ; Held, to be a breach of the sheriffs offi cial bonds, for which an action could be at once instituted ; and hence the statute limiting the time to sue upon official bonds to six years, began to run, and was in no way affected by the time at which the ac tion of the claim and delivery terminated. Peebles .vs. Pate. Where there have been a previous levy and sale, a subse quent executive confers no authority to recall the same premises ; its operation is confined to other property of the debtor. And this the defendant in the execution may show in an action by the purchase to recover the land. But the rule does not apply to executions Issued upon dif ferent judgments against the same debtor. (For present form of final process see sec tion 261 of the Code.) Lockhart vs. Bell. 1. The defendant bought land of A at the execution sale, and contracted to convey the same toj another upon payment of price; there are provisions in the contract to the effect that interest is to be paid on bonds first falling due the vendee to pay expenses of certain litigation the vendor to have a lien on crops raised on the land to secure payment ol this debt. Vendee dies, and the heir, who is . also the personal repre sentative, sues for an account and convey ance of title, alleging that purchase money ban been paid ; Held on exceptions to re port of referee. (1) lbat defendant was properly cred ited with amount paid for keeping farm in repair and providing for its cultivation, and for certain expenses incident to liti gation ; nor ought he to be oharged with applying orop to payment of interest, as t be referee charged him with the whole Mum received from that source. (2) Testimony of a witness to show the agency of A, the defendant in the execu tion, in effecting the contract of purchase as bearing upon his general agency for vendee in managing the farm, was com petent ; and the subsequent agreement as to rent, material to show the continuing relation of principal and agent ; and the proof in this case sufficient to show the sanction of the principal (intestate) to the agency. 2. A witness offered to prove a fact which occurred out of the presence of, and in no sense a transaction witn a deceased person, is not incompetent nnder section 343 of the Code. It is only when the transaction is between the deceased and the living party, that the statute prohibits the latter from testifying. (Ruffio, J., dissenting.) Jolly vs. Bryan. 1. A tenant in com mon, in the possession and sole enjoyment of the common property, is not protected by the statute of limitation from account ing with his co-tenants fur rents and pro fits. He is regarded as their agent, and the statute will begin to run only from demand and refusal to account. 2. He is also chargeable with interest from the date ot demand or suit brought, and in this case from 1873. when in the proceeding for partition the defendant set up the plea of sole seizin, thereby ending the confidence subsisting between himself and bis co-tenants. 3. The habendum of a deed, to have and to hold said land with the rents and profits, &a, does not operate to pass title to rents theretofore accrued. Stephenson vs. Seaboard and Roanoke Railroad Company. A deed describing the property conveyed, as "the following articles of personal property, to wit., 300 railroad ties" to be delivered at ascer tain place, is not sufficiently definite to pass the title. Mauney vs. Coit. 1. Where plaintiff sued defendant for goods sold and deliver ed to A, it was held no error to admit proof that the goods were so sold, before establishing a partnership between A and the defendant. The order in which evi dence essential to a recovery in such case may be introduced, is left to the discretion of the presiding J ndge. 2. The test of a person being a partner is his participation in the profits of the business as such (involving also a common liability for losses), except in cases where the profits are looked to as a means of ascertaining the compensation for services rendered nnder a special contract.1 1 i ? 3. The charge of the court below upon the law governing the formation of part nerships, sustained.. T' 1 " 4. A note or draft received for goods sold and delivered is not a discharge of the debt, but the plaintiff, upon. sur rendering the came or . proving its loss. is at liberty to sue for goods sold and de livered. , r , . 5. The statute of limitations begins ' to run only from the date of the last item in accounts where the items are parts ot one continuing mutual account, and the same may be inferred where each party keeps a running account of the debits and credits, or where one, with the knowledge of the other, krepa it. . ""The Symbolic Number Seven. ' Seven was notonly frequently used as a mystical and sacred number in the Bible, but among all nations of antiquity where the week of seven days was established. The phases of the moon, changing every seventh day, aud the observation of the seven planets may have led to ; the selection of seven . as a sign of comple tion. . The first use of the number in the Old Testament is the completion of the - crea tion in seven days and the appointment of the seventh as a day ot rest. An interval ef seven days elapsed be tween the notice to enter the ark and . the coming of the flood ; the beasts entered by sevens ; the dove was sent out the se cond time seven days alter her first mis sion, and the ark resttd on the mountains of Ararat on the seventh mouth. Then we have Pharaoh's dreams of the seven lean kiue and the seven fat kine ; the seven empty ears and the seven good ears. The two great Jewish festivals, the feast of the Passover and the feast of Tabernacles, each lasted seven . days, and there was au interval of seven weeks between the feast ol Passover and Pente cost. . Tbe seventh month ushered in the feast of Trumpets ; the seyenth year was the Sabbatical year, and the seventieth year was tbe year of Jubilee. The Levitical purifications lasted seven days, the same space of time was allotted or tbe celebration of weddings, for tbe days of mourning and for the ceremonial consecration of the priests. seven victims were offered on special occasions, and the seven articles presented in sacrifice were oxen, sheep, goats, pigeons, wheat, oil and wine. In tbe taking of Jericho tbe city was surrounded seven days, and fell on the seventh day at the blast of seven trum pets, borne around it seven tims by seven priests. In the Apocalypse we find the seven churches of Asia, the seven seals, tbe seven vials, the teven angels, the seven spirits be fore the throne, the seven horns, aud the seven eyes of the Lamb. The seven virtues are faitb.hope, charity, prudence, fortitude, temperance and in dustry. The seven daily sins are murder. lust, covetoukoess, gluttony, envy and idleness. The seven prismatic colors: red, orange, yellow, green, blue, indigo and violet. '1 be seven bodies in alchemy ; the sun, gold ; the moon, silver; ft ars, iron; Mercury, quicksilver; Saturn, lead : Jupiter, tin ; and vetius, copper, ine s-ven ancient, sciences : grammar, logic, rhetoric, arith metic, geometry, astronomy and mnsic. The seven stars ; tbe cluster of stars in the neck of Taurus, called Pleiades. . Tbe Seven hilled City ; one ot the names by wnioo nome, me capital oi ancient itala, has tor many ages ben designated. It was built upon seven hills, namely, Palatine, Capitolme, Quirinal, Csalian, Aventine, Virminal, and Eequi- line. The Seven years' War : a war between Maria Theresa, of Austria, and Frederick Great, ot Prussia ; a most terrible contest for the possession of Silesia. The Feast of Seven Dolors of the Virgin Mary a modern festival ol tbe Roman Catholic Church. Tbe Seven Dolors are the prediction of Simeon, (Luke xi : 3 4;) the flight into Egypt ; tbe los ot Jesus in Jerusalem ; Jesus bearing bis cross towards Cavlary ; Jesus upon the cross ; piercing the Saviour's side, and bis burial. Tbe Seven Wonders of the (ancient) World : tbe Pyramids ; the Mausoleum, erected by Artemisia, the Urn pie of Diana, at Ephesus ; the walls and hanging gar dens of Babylon ; tbe Colossus, at Rhodes; the statue of Jopiter Ulympus; tbe Pharos, or watch tower, of Alexandria. Fhe Seven Wonders of the (modern) World : the Colieum, at Rome ; the cata combs, at Alexandria; the great wall, of China ; Stonehenge ; the leaning tower of Pisa ; the porcelain tower ot Nankin ; the mosque of St. oopbia, in Constantinople. Tbe Seven Wonders of North Ameriea : Tbe Falls of Niagara ; the Great Lakes ; - tbe canyons of Colorado ; Yosemite Valley ; the big trees of California ; Yellowstone Park ; Mammoth Cave, Ken tucky. Seven champions of Christendoms : St. George, the patron saint Of England ; St. Denis, of France ; St. James, of Spain; St. Anthony, of Italy ; St. Andrew, of Scot land; St. Patrick, of Ireland ; St. David, of Wales. The seven wise men of Greece and their maxims : Bias "Most men are bad," Chi le "Consider the end;" Cbeobulus "Avoid extremes;" Periander "Nothing is impossible to industry;" Pittacus "Know thy opportunity ;" Solon -"Know thyself ;" Thales "Suretyship is the pre cursor of ruin." Abbie Clemens Morrow, in Nino York Advocate. ii n i ' IS?" It seems that driving belts of Ital ian hemp are 10 per cent, stronger than those made of Russia hemp, and that similar belts made of cotton stand only about half the strain necessary to break hempen belts. Prof. Atwater states that tbe best ra tions for a cow in full flow ot milk is 100 parts of corn meal (by weight), 80 parts bran, and 65 parts decorticased (huskless) cotton seed mesh tUf" Lately in London, England, a med ical society obtained evidence . of severe lead poisoning having been caused by the use of fashionable hair-washes." ence square. jane 17-tr
The Times-Democrat (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 30, 1882, edition 1
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