The Southern Intelligencer. (Austin City, Tex.), Vol. 3, No. 27, Ed. 1 Wednesday, February 23, 1859 Page: 1 of 4
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BAKER, LAMBERT k PERRY,
" Homing fritnnatt. *ot srt htoit audit m malitt."
VOL. 3.
TUB INTELLIGENCER,
it PUBLISHED EVERY WEDNESDAY.
•flirt Hitkory St., Cerstr below DnlTau'i
' in hwknsoni! new ruii.dinu.)
íiTíiíaiiir
two doli.arb and fifty cents peil ykail
rayaui.k in advance.
Hi laktrrlplloB will be received without
U 0 ueonpiRyiag it.
TKItMfli—SlngleCopy, per year S 9 SO
a * C'lvm—Ftvo Milt to one addrm 10 (10
Ten sent to one addreM 18 SO
Fifteen Mnt lo one uldrrta. as 00
Twenty to one addreu UO 00
hatbm of adviitimnfl i
|)na Fqimro, lur one Inaertion $ l no
Une Hquire, for e «rjr «ubwquint insertion, SO
One Fqusrc, six mouth*, 7 IN
Oil* Hqunre, one yenr, 10 0(1
A liberal discount will be made from the «bofe ratea,
fbradrertUmenta of more than ene aquare.
A aquare ia ten linea nonpareil, (thia aiaetpye.) Fifteen
liara lu Brevier type
ANNOUNC'KMBNTHi
rni County Officers, g * nil
far State Offleera 10 00
BOOK ANO JOB PRIIKl'INfl:
Our material being entirely new, we are prepared to
«arrute every variety of
Baak Jak,t'aril,anilOrnnmrialnl Priming
a' reaaonable ratea, and in a atyle unaurpnaacd by any
oMre la the South.
All buaiueaa ciumunieationa addreaaed to
ffakbss. iiaihbkrt Sc i'kiihy.
A Leaf froftp ilapobllRlird Novel.
MONOMANIAC.
" Till ¡(I Kaely'a liolo," said tlic aged
Sclli Stublilcflela, who hud lived upon
one of tlie brunches of Long Creek for
more than three «coro yours. " This in
Kusly's hole, and the same Cliesnut log
whicii now spans the crevk, lias been
hero for over fifty years !" This was
unid while my " head was swimmii g,"
or rather while I was giddy with the
thought, that 1 should fall in tho deep
dnrk eddy below, when I knew that I
could not swim. The banks were high
and the old white Chestnut log, slick
with ago and tho thousands of footsteps,
which hud crossed upon it during the
last half century, seemed to my "danc-
ing chinqucpiiiH," us uncle Sctliy culled
my floating eyes, to be growing smaller
—not " beautifully less." The venera-
ble octogenarian walked over with
steady steps, bearing the same old short
rifle which lie had carried for sixty
years, and with which lie had done so
much execution against savage Indians
and beasts of prey, that his name was
associated with many a wild romance-
Ilis still erect figure, his careless "walk
over the water," the solemn manner in
which ho again repeuted, " This it Easly's
holt," all put me to shame, for my own
giddiness, and awakened a degree of
curiosity which prevented my "uuoning
it' over the log, as I was about to do
wheu the old man first soliloquized,
" This is Easly's hole, and this old Ches-
nut log has luin here over fifty years."
What an eternity did fifty years seem
to mc then ! I was a little boy, going
with "Uncle SetliyV as ail people
under sixty years of age called the
venerable old hunter, for no better
purpose than to " turn tho squirrels,"
so us to give fair uiin to the old rifle,
which rarely ever missed its murk, in
the hands of the aged man, whoso sight
hud cither never failed, or else there
hud returned to him a " second sight."
I was fond of the old muu's stories of
real life as who was not ?
When therefore, he reached the fur-
tiler bank of the stream and looked
buck, with a yet sadder facc, into the
deep water, over which 1 hud passed,
as 1 thought with great danger, I ven-
tured to ask iiiui " why it was called
Kasly's hole ? And why the recollec-
tion seemed to awaken such melanchol-
ly thoughts i"
' It is a sad story, my son," said the
old man. " It is a sad story. Fifty
icars ago this country was more dense-
y settled than txt present. The people
owned large herds of cattlc and horse ,
yhich lived «pon thp range, and in the
fcMo brakes. Tlrt fiów old ovarii out
lfctds nVt ¿overea with broorti sedge,
then brought ten barrels (fifty bushels)
pf fidi'D to the acre. Tho noiglibors
Jovcd each other, bpcpuso when they
first settled, surrounded as tliey ,wcrp,
by the Red Skins, their watits ana ¿ears
hud united them. Tiio Indians had
peased to steal after wo gave tlicin such
a drubbing at Jack's Cttoek, under Qen.'l
Clark, (God bless his son, for never
wdre truer men than he and his father.)
A few lavage devils had practiced
steal i'ig upon the credit of the Indians,
| nt some trials before Mocki,e-6Haft,
(Mnckle-shaft was the name in that
country for Judge Lynch, )l;adshorttencd
¿hell winds and put a «top to their fun.
The country had begun to enjoy good
times, and people had little necessity of
patching their property.
" But all at once the neighbors began
to miss tlie bells from their cattle and
liorsus, their log cli^ns, plough chains
#ud often their very ploughs were screw-
ed from their stock*, and with the
S?rc«rs and clevises, would be missing,
o ajee, wedge, or Tree could be loft
}■' the ifoodg. The pota would often bo
taken fropi the wash places, ar«J some-
times ffom the very racks, and no trace
. uf theiji opuld afterward be found.-
The liomjltf pmttal, foffla weyc aparee
' would frequently U
ones were not safe
. F«?7,bHPtor
>wn to sleep in
puhewot# wake,
buitutMif W
against tho old Ch«-
pf
!C
putlog.
for vears and tho superstitious credited
it all to witches.
" At lust¿ resumed the old man, " my
neighbor \\ inniugham came to mo tine
morning and told me that the fifth chain
of lilt wagon hud been taken from whero,
owing to tho rain, ho had been obliged
to leave it stalled the night before j
that the tracka wore fresh and lie wish-
ed mo to go with my dog, who had
caught several runaway negroes in his
day. I wondered that the dog had not
been sooner thought of,and I immediate-
ly started with old Betsy, and my boys
called the true honnd, old Pifer. At the
wagon he took the truck, but not with
the angry look with which ho always
followed a negro's trail. lie was call-
ed back and made to understand that
son etliiug hud been stolen from the
wagon. Ho then made tho valloy ring
witli his music. My boys followed
through the cane and swamp, more rap-
idly than tho grown ones. At length
old Pifer was heard to set up a dismal
howl and to stop. We all camo to this
very spot, and right thero upon the
middle of that old Clicsnut log stood the
truthful Filer, giving such distressing
howls as I never heard from anv thing
but hungry wolves orClioctaws at a
cry. I looked at my boys and at neigh-
bor Wiiiningham, and I could read that
every one- felt that somebody lay in the
deep water below. The water was
now very muddy and almost up to the
log. Old Fifer's distress told us plainly
that lie was baying uo nigger nor Injin,
but that there wus something mclan-
cholly to be unfolded. Without a word
of directions, my sons, Colvin and his
brothers, ran ronnd among the neigh-
bors on both sides of the Creek and they
were nil soon assembled, save one. lie
was a good man and a brother in the
church, who often exercised tho gift oí
prayer and exhortation at our meetings.
Whenever I preached, as even then, I
sometimes did, it was a real pleasure
to call upon Brother Robert Easly to
conclude, so sincere was lie. But word
came that Brother Easly was not at
homo. His wife and children soon ap-
peared ; and she said, that the good
man had been absent since the night
before, and the little ones let it slip out,
that their father was often oat all night
long and tliey never knew where he
lad been.
" Many a look was exchanged. But
all felt too sure that lie was drowned for
words. Efforts to rake tho hole, always
regarded as bottomless, wcro made,
but without success. Sotne of the
young men were bravo however, and
they commenced diving • and soon Luke
Patrick, who was a giant and a soldier,
camo up with Bob Kaslv in his arms.—
Several strong men were now helping
to bear the corpse to the bank. But oh!
horrors ! in the waistband of his trousers
was hung the hook of the heavy fifth
chain of Wiimingham's wagon—the
fatal chain which had dragged him
down I !
" The Coronor was called, an inquest
was held, I preached our poor brothers
funeral, after my humble way, from the
text, " The heart is desperatoly wicked,
and deceitful above all things—who can
know it ?"
" Our young men then commenced
diving and dragging the deep eddy be-
low. And there were found bella, chains,
axes, hoes, guns, wedge*, froea, and
every thirg iron which had beet* stolen
and could never be traced, for ever ton
long years ! Thero they all were, in
one gt*c at pile nt the bottom Of the
creek. . Poor Bob Eaaly—he was get-
ting rich ; lie wus a good man and n
christian. I verily believe he must have
been crazy about this one thing, I dont
know what the doctors call the disease."
Tears stood iu tho old man's eyes,
and I asked no more questions about
the name of the deep eddy under the
old Obesnut log. In after years I learn
cd, that it was a chapter of unrecorded
!.«lo.3', w'nich iiad received no coloring
at Seth StubblcfieltTs hands. The inej
ancholly development had done mucli
to dispel the superstition about the
power "f witches to tamper with iron-™
people had not then arrived at tho re-
finements of spirit rappings and table
tlpplngs.
Those who had known Robert Kasly
and had partaken with him of the sacred
rights of the church, declared that lie
was an honest mun and a christian if
ever there was one. " He *tolo not for
gain," said they, " because he turned
nothing to his own advantage."
" He was a somnambulist," said the
country schoolmaster ono day. Bui
none of us then understood what a som-
nambulist was, nor am I right sure
about it yet.
I rattier incline to undo Sethy's view,
that Bob Easly was a monomaniac.
AUSTIN CITY, WEDNESDAY, FEBRUARY 23, 1859.
Ii there • heart that never cighed ?
I* there a tongue thnt never lied T
I* there aq,eye that never blinked ?
Ia there a man that never drlnked ?
Is thore a woman that never fainted ?
Or ii there oae that never painted!
If so. then heart sod tongue and eye?
Kurt tell a meet cvnfoanded lie.
German Wit.—Prof. Taubmanil, at
Wittenburg, gsve a student Jiis odyice
how to get through the whole winter
mfy one cart-load of wood: "When
a wood is brqwght bpme have It pi>
the collar. When yoe begin to
grow cold, can? ono piece' afte* «luí oth-
er up stain till you vftrn® t wilcR
yon grow cold sgain, carry it back to
tl* oatlftiv which will jo"
agfthti «UMl continue tho process when-
•w yoa fcf! cold, i0? P°^4 Rot
" These depredation went on' k®«P up á Í.T.
Hot i drop more 'thoat it's Xweeteard!
We meet this tale on its rounds.—
Wo arc not sure we hnfe not seen it
before. But it will boar repetition, if
it is old,
Twenty years ago, it was tho custom
in North-wentern Georgia, as indeed it
was throughont the South west, for dry
goods dealers, to keep a barrel of "ap¡r-
its" in the back room, and to treat lib-
eral customers to a glass whenever de-
sired.
Fillciis and Dewberry were such
dealers, in one of the small towns indi-
cated ; mid they had for a customer
clever, rolicking old fellow, named Joe
Denny, who drank whiskey in prefer
cncc to water always, mid whose wife
was "flesh of his flesh" in that particu-
lar. Tho old couple would come in
town, trade quite frooly, and as freely
imbibe tho spirits in tho buck room of
the dealers wo have named.
On one occasion both (lie old man
and old woman continued their potations
inordinately ; and as Fillens observed
that his goods went better tho drunker
the eld womuu became, he pressed lici-
to drink.
At last she refused, unless lie would
sweeten it with a little store "sugar."
Fillens iiidulgcd her, and whon the old
people started homo in the evening luto,
the old man could scarcely mount his
horse, and the good wife had actually
to be lifted aud placed on the pillion
behind him. Happily, she leaned one
way and her husband the other, so that
the gravitating point was between
them ; as she clung to liira instinctive-
ly, they passed out of tho village safely.
Before reaching their home, however,
tlicy had to cross a small creek, and
when their horse stepped in to drink,
the old ludy having reached unconscious-
iicss, released her hold, and quite
lapsed into tho stream below.
Occupied with his thoughts the old
man did not poreeive his loss, but jog-
ged slowly homewurd. Arrived thero,
the children inquired auxiously for "mam-
my," but the old may could only say
that «lie hud been on the "critter," aud
"tho critter hudu't kicked up nary time ;
so he couldn't say where site mout bo !"
and threw himself stupidly on the bed.
Girls and boys flew along the road
tho old man had come, yolling mammy I
mitinee ! but of course uo mammy re-
sponded.
When they arrived at the creek, the
oldest girl snouted.
Yonder she is sitting down in the
creek!"
Aud thero she was, seated comforta-
bly in tho water, which camo nearly
up to her month. As she swayed back
at\d forth, now yielding to the.in pelu
osity of the stream, aud now resisting it
with some success, the muddy fluid
would occasionally wet her lips, and
each time it did so, she would faintly
exflaim, with a grim effort to smile :
"Not a drop more, Mr. Fillens, 'thout
it's sweetened."
And it is to this romantic little inci-
dent in the life of the venerable Mrs.
Joe Denny, that we are indebted for
one of most popular colloquial phrases
Finals to a Courtship.—Flora, ah I
dearest Flora—I am come—and Flora I
come to—ah I you cau decido my fate—
I am come my Flora—un 1"
"I see you Mulcolin, perfectly. You
afe come; you tell me interesting in
telligenco certainly. Well what next?"
"Oil, Flora t I nui come to—to—'
''To offer me you heart and hnnd, 1
suppose J" ■
"Yes !"
" Well, do it like a man, then, and
not like a monkey."
"Plague take your self possession 1"
exclaimed I, suddenly starting up from
my kneo upon which I had fullcn iu an
attitude that might have won the ap-
proval of Madam de Maillard Fraiscz,
you make mo ssbamed of myself."
"Procced, sir," said Florn.
"You like brevity, it would seem."
"Yes," replied I lora.
"Then—will you marry me V
"Yes."
"Will you give mc a kiss ?"
"You may take one."
I took the proffered kiss.
"Now this is going to work ration
ally," said Flora, "when a thing is to be
said, why may it not be said in two
seconds instead of stuttering and stam-
mering two hours about it t Oh ! how
cordially do I hate all mystery," ex-
claimed the merry maiden, clasping my
hand energetically.
"Well then," said I hnmbug apart
what day shall we fix f r our marriage !"
BOP An eccentric English divine was cal-
led upon to perform the funeral service
of a dead debtor. After the corcmony
was performed, and tho body was on
its way to tho churchyard, the sheriff
made a descent on tho corpse end attach
cd It for a debt, as by the then law of
England he had the power to do.—
'•Move on !'' said the priest "Stop!"
shouted the sheriff- "Move on 1" ex-
claimed tho priest again. "This body
Is mine !" s&ld tho sheriff. "This body
is God's I" roared tin priest. "In tlie
king's name I command you to lower
the coffin!" éxclaimed the sheriff—
"Burj the man !" shouted the Infuriated
priest, "and if the sheriff nays three
words, take him too I—I've read the
ftineraljsertice, and somebody shall be
presóme that women's pre
ferencs ot gentleman with small hands and
lulTflíff finger* had its origin while
tho oMMcMth law was in foros, allow-
T
End or a Swindler.—The notorious
Gou. Samuel Proper, who figured in
this city last year, and notices of whose
operation* iu various places have ap-
peared from time to time, has Anally
been stopped ia Ma career not only by
the law, but the inevitable power of
death He was arrested about a week
•o at Fonda, Montgomery county, N.
on a warrunt issiftt by Justice
Welsh, on complaint of^HMbry Wheel-
er, one of proprietors of the Lafarge
House, Broadway, charging tlie accus-
ed with having obtained from him the
sum of $510 by moans of fulsc pretenses.
He represented to Mr. Wheeler that he
was owner of real catato in New York
to tlio ainonut of $80,000, and in Plijlu-
delphia, of $87,000— these statements
being false, they resultod as above, iu
his arrest. On reachlug Now York,
with tho officer, Mr. Wheeler consented
to allow Proper to remain at the hotel,
in custody, until an examination could
bo had, ho being apparently unwell at
tho timo. A day or two after, howev-
er, he was taken down, aud a physician
was sent for, who pronounced his com-
p'aint to be typhus fever. He constant-
ly grew worse, and yesterday it was
thought best to have him removed to
Ucllcvuo Hospital. But Proper rapidly
grow worse, and soon after died. It is
said that the deceased was so much
worried respecting the charge made
against him that it brought on the
above complaint, and finally terminated'
ill his death.—Newark Advocate. -
Thk Scikxck or Goino to Bed—The
earth is a magnet, with maguetio cur-
rents constantly playing around it. The
human body is also a magnet, and when
the body is placed in certain relations
to the earth, these currents harmonizo,
when in any other position they conflict.
When one position is to be maintained
for soma time, a position Bhould bo cho
sen in which the magnetic currents of
the earth and body will not conflict.
This position, as indicated by theory,
and known by cxporimeiit, is to lit
with the head towards tiio north pole
I'crsons who sleep with their hcuds iu
the opposite direction, or lying cross-
wise, are likely to fall luto various ner-
vous disorders. When they go back to
the right position, these disorders, if
not too deeply impressed upon the con-
stitution soon vuuish. Seusitive per-
sons arc always moro refreshed by sleep
when their heads point duo North, Ar
chitccts, ill planning houses, should
bear this principle iu mind.
Only Ax'd roR Information.—As Dea-
con A , ono extremely cold morning
in old times, was riding by tho house
df his neighbor B——, the latter was
chopping wood. The usual salutation*
were exchanged, tho severity of the
weathor briefly discussed, and the
horseman made demonstrations of pass
ing on, when his neighbor detained him
with—
"Dont bo in a hurry, deacon.—
Wouldn't you liko a glass of good old
Jamaica, this blue nose cold morning ?'
"Thank you kindly," said the old
gentleman at (lie same timo beginning
to dismount with all t|ic deliberation
becoming a doacon, "I don't care if I
d<>."
"Ah 1 don't troulih yourself to got off
deacon,'' suid tho neighbor, with a wick-
ed grin, "I merely ax'd for information
—we haven't a drop in the house !"
The worthy deacon's nose was at the
bluest, tint here it bcg n to assumo the
purplo, and he rode off in not the bost
of humors^
A Hard Road to Travel— It seems to
be generally admitted that Jordan is a
hard to travel. Jim Sherwood, tells of
one that,if not the veritable "Jordan" it-
self, intuit certainly be its "uext friend."
Let Sherwood speak tor himself.
Timtf—towards evening—place, forks
of tho road, somewhere ill North Caroli-
na- log cabin closs by; red beaded boy
sittiüg on tlie fence whistling Jordan.—
Enter traveler on a grey mare.
Traveler—Say, boy, which of these
roads goes to Milton.
Stuttering boy—B-b-both on 'em gets
thar.
m Travolcr—Well, which is the quickest
way ?
Boy—B b-both alike; b-b-both on 'em
gets thar about the sometime.
Traveler—How far is it ?
Boy—Bout four miles.
Traveler—Which is the best road ?
Boy_T-t-they ain't nary ono tho best.
If you take the r-r right hand road, and
go 'bout a mile, y-y you'll wish you was
in h-hell, and if you t-t-turn back and
take the l-l-Ieft hand ono, by the time
you havo gone half a m m-mile,you'll wish
you had kept tho other road. G'lang.
Giddino's Express .—Gidd ing's Express
from San Antonio arrived here on
Wsdneaday—bringing papers of the day
before from San Antonio, and the Cali-
fornia mail oontgMBf dates to the 1.1th
alt.,-—only SOl-Upiy* from San Fran-
cisco to lndiintMsT Tlie mall was sent
by the Charlo* Morgan on TI.ur.dav,
which will put it in New Orleans inside
of 26 days from San Frsncisco Tim
mall was only 81-1 day* from El l'aso to
Sun Antonio.
By this route thsf inail for California
from the Atlantic States, starts from
New Orleans on Saturday of each week,
gets to Indionola iu two days} from
hero to Sua Antonio, 1 day; from thare
to El Pmo, • days ; and thence to San
Coideiicd Decisions of the Saprrme Conrt.
Austin, October Term, 1868.
mmmm
BUCHANAN adm'r. vs MUNROEot al.
Opinion by Wheeler, Ch. J.
The decisions of this court have re-
cognized, in its full extent, tho doctrine
of courts of equity, that a mortgage is
but a security for a debt, and only •
chattel interest, and until after tlie do
creo of foreclosure, the mortgagor con
tilines the real owner of tho leo. The
doctrine of equity is, that the equity of
redemption Is the real and beneficial
estate tantamount to the fee at lus*; it
is descendabht by inheritance, devisuble
by will, ami alienable by deed, precise-
ly as if it were an absoluto inhcritanco.
'4 Kent Com , 160; 21 Story's Equity,
fnrisprudeiico Arts, from 1015 to lüá8.)
The mortgagor has tho right to deal
with the mortgaged proporty as owner,
so long as ho is permitted to remain in
possession; but all persons taking un-
der him tako subject to the right of the
mortgageo. (4 KontOom. 151; 2d Sto-
ry's Equity, 1023.) Tho equity of re-
demption in this country, is subject to
sheriff's sale, to descent, and to aliena-
tion subject to liens. But tho estate of
the mortgagee is but a chattel interest,
not subject to execution, aud upon his
death, tho mortgaged property is a part
of the personal assets of the mortgagee.
Whore the mortgagor has parted with
tho equity of redemption, neither lienor
his heirs are necessary parties in a suit
to forecloso, but tho purchasers of the
equity of redemption are. (4th Kent,
185; Story's Equity, Pleading Arts,
from 103 to 197; Hall vs Hall, 11th
Texas, 120: Robison vs Paul, lGtli Tex-
as,.412 )
The death of Wyatt, tho mortgagor,
oporuted as a revocation of the power to
sell, contained in the mortgage, and
rendered it necessary to have recourse
to tho Probate Court, to enforce his lien
upon the property, upon the principle
that tho statutes relating to the proporty
of deceased persons, require all liens
upon property of tl.cir estates to be en-
forced in tho Probate Courts. (Fortson
vs Caldwell, 17th Texas, 627; Boggess
vs Lilly, 18th Texas, 200; Chandler vs
Burditt, 20 Texas, 42; Cunumghain vs
Taylor, id. 126; Miller vs Butler, id.
421.) A sale by a Trustee, after the
death of tho grantor, in the deed to pay
tho mortgaged debt, is a nullity.
Judgment reversed.
Note.—It is well to refer to the Tex-
as Reports to support this proposition:
tliut the death of the grantor, in a deed
of trust authorizing the snle of property
to poy the debt, revokes the power of
tho trustee to sell for the benefit of the
creditor. The general authorities will
be found the other way.—Ed.
HAWKINS vs LEE etal.
Opinion by Wheeler, Ch. J.
By tho common law, when a person
takes au estate of freehold under a deed,
will, or other writing, with the limita-
tion in tlie instruments, by way of re-
mainder of an interest of tho same qual-
ity, to his hciru or tho heirs of his body,
as a class of persons, to take in succes-
sion, the limitation to the heirs entitles
the ancestor to the whole estate. (4th
Kent Com. 15; Hanooek vs Butler, 21
Texas.) This rule as to real property
creates an inheritance, when appHed to
personal property an absolute estate in
the grantee. (4th Kciit, 27.) Tlie
gift to Mrs. Hawkins, "and tho heirs of
her body," of tho negro in controversy,
made her tho absolute owner; and upon
her marriage, by tho common law, (lis
property vested in herliusband. (Nim-
mo vs Duvis, 7th Texas, 26.) There
is no proof in the record that tho statute
law of Mississippi had changed tho com-
mon law,about marital rights. It must be
clearly manifest tliut the grantor in-
tended to cxcludc the marital rights of
the husband, or they will attach. The
Mississippi statute of 1880 having been
passed after tho gift, could not control
the husband's right.
In this cuse the Chief Justice com-
mented upon tho impropriety of refer-
ring, in general terms, to,the Matutes of
other States, without copying the pro-
visions relied upon Into tho record, or
referring to the particular scctious and
pages, and submitting the statutes with
the record; also upon tho impropriety
of copying into tho statement of facts
the wholo depositions of witnesses, and
■aid that counsol should coudense the
very material facts sworn to in a clear
and explicit manner. (Hartley, Art.
788.)
Judgment reversed and remanded.
W SI rMO| f %MaJm | l«u "'w
Franctao in 10 or 12 days—making the
time irons New Orleans to San Franelé-
co iMlfdn of 9 'days. The trip modo
to Sun Diégo iu several days less time.—
/nefanda Ctmrier
WELLS k MITCHELL
OROESBECK, RICE k CO.
Opinion by Bei i^ j.
This is purely a fact case, and the
only point decided is, that where a note
Is not negotiable, tlie maker is entitled
to all the eqnitabie defences •«* against
the assignee, which he might make
against the original holdor, and the
court having comc to tlie couclasion
that thero was evidence conducing to
prove that Mltchflt guvis the note to
John Shea, in ooosMeraUun of laud to
which Shea had o title, held that a
now trial ought to have been grant-
ed.
Judgment revorsed
1
BELL COUNTY vs ALEXANDER etal.
Opinion by Whreler, Ch. J.
Where the wholo case wse submitted
to the court a motion for a new trial is
unnecessary.
The will aaid "I wish tho county in
which I die and ant buried, to havo and
enjoy for the benefit of public schools,
twc-thlrds of my lands in tho county I
am buried in." Hartley's Digest, Art
1W, quoted as tho rulo of tho quantity
of interest which shall be conveyed by
a devise or other inatrument, and hold
that unless other words limit the estate,
a fee simple will pass by such general
terms as the above.
Independently of the statute, ia eve-
ry case whero land is charged with a
trust which cunnot bo performed, or
whero the will directs an act to bo done
which cannot be accomplished, unless
a grealor estate than one for life be to-
ken, it becomes accessary that the de-
vise be enlarged to a foe. (4, Kent's
Com. 540.^
By our statute evory connty is a cor-
poration, and has the powor to tako and
dixposo of property. Hart Arte. 200,
207, 213, Angelí and Ames on corpora-
tions, 30, 2d Kent's Com. 275, Vidal vs
Girurd's executor, 2d Howard, 187, quo-
ted at length and approved.
lliis case holds that where a corpora
tion has the legal capacity to tako real
or personal estate, it may take and hold
upon trust, in the samo manner and to
the samo extent that a private person
may do.
Tho cases upon the statute of 48d
Elisabeth, about charitable uses, and
that of the Baptist Association vs Hart's
Executors, 4 Wheaton, 1, reviewed and
explained; and it was shown that they
applied to cases whore the devisees
were uncertain, and where the trustees
were vague and indefinite, or else where
tho trustees wero incapable of taking,
and the beneficiary uncertain and Inde-
finito, 2nd Story's Com. Art. 1162, 6th
edition cited, also 2d Kont's Coin. 288,
and various other authorities, to allow
that the opinion in the Baptist Asscia-
tion ense waa wrong. But after all the
learning, the Chief Justice said it was
unnecessary to decide whether equity
will enforce a donation to charitable
uses where the donees are uncertain, or
where the benclicinries and objects of
tho trust are uncertain and indefinito,
bccause Bell county is capablo of tak-
ing and holding the citato in trust.
TIks Constitution of the State, Art. 10,
sections 1 and 3, ouoted to show tho
duties of tho State in establishing and
supporting tho public schools, anu sec-
tions 3 and 4 of the same Art. and
Hartley, Al t. 290, 292, cited to show
that tho public land grants for educa
tional purposes are confirmed by the
counties; Art. 890, also quoted, as also
the act of 21st Junuary, 1854, setting
apart $t,000,000 for the support ana
maintuiuauco of common schools; and it
was shown tliat .by this Oat tho Chisf
Justices and other officers of the county
arc boards of education The counties
are thus capablo of taking lands in
trust, for ths purposes of education, and
it is .their duty to provide for the sup-
por; of iudigeiit persons. (Hart. Art.
800.) Under this head tlioy might take
charitable bequests.
Judgmeut reversed and rendered, de-
claring that the property vested in the
conuty by tho will.
LARD vs THOMAS.
Opinion by Bell, J.
What is sufficient in a petition to
clutrgc the separate property of tho wife,
is well slated in Brown etal, vs Taylor
et ux, 10 Texas, 846.
Where tho judgment was rendered
by agreement, and was to tho cffoct,
that tho community and separate pro-
perty of the husband should l o exhaust-
ed before the wife's should bo seized,
the presumption Is that sho agreed to
it. The caso of Hutcbins and wife vs
Owen, 20 Texas, reviewed and affirmed.
Our statute which requires proof that the
wife's separate property is bound, which
—shall bo satisfactory to the presiding
Judge, docs not mean that there shall
be a jury In all canes, before whom the
proof shall be made, or that a married
woman may not makc-compromises, and
cntof into agreements of record, but on-
ly that the court shall protect her rights
with reasonable diligonce.
Judgment affirmed.
DARDEN vs MATTHEWS.
Opinion by Kojjerts, J.
A suit on a note with credit endorsed,
verdict, "we, tho jury, find for the plain-
tiff for the amount due oh said noto,
with legsl interest less the sum of fifty-
one dollar* and iutursst on tlie same
from January, 1856." ,A aenoral ver-
dict is defined to be a finding by the
jnry, in terms of tho Issue or issues sub-
mitted to them, aad it ia wholly or in
part for tlie plaintiff or jdefendnut. (Sd
Tidd's Practice, 789.) (
Where the vcrdict waa for the amount
of the note adduced, it was held to be
bad, bccause It plainly appeared tlist
the jury had not reference to the facts
alleged, hot to the foots in evidence.—
(Smith vs Johnson, 8 Tfloa, 480 Hart-
ley, 606, 708.) IO fofe"d,'ttr*tpe-
cusaary for the jury to Ind Interest.—
(id Tidd's Pmft OT .)
The verdict in the promt «mj wiu
sufficiently certain, sná was affirmed
SFXIN8 AHI PUL CBUITS PM J
&«h December, two week
and 3d October, two *«
aad Slit Ostober, two _
LA. W.
and 3d October, threS
í.truW,d ííí "•**
9th lfsy aad 7tb November, three m;
3Uth May aad $8tb November, ene wet
«th Juneosdhth DceembirT touT
diipoeed ot.
P v u TD1RD DISTRICT.
R K. B. B«jpIor, Jedfe. Braaee.MMaf
7 CS; l"Zí
.. _ FOURTH DISTRICT. ST
Tho . J. Devine, Judge. Bex*r Tib " -1-
• d 51b September, ."veo oL 2
«nd 20th August, two week*: Naeogdoebee,
3d Jauuarv and 4th July, until buaiaeee dle-
pneed of; Newton, 98th I t bniary and 89d Aug-
u«t, une week; Beblne, Slat March and Nth
September^ oneweek, San Augu.tlne, 1IÚ
April and 3d October, two week*; Shelby, 88th
March and 19Ui September, two weeks.
C. A. Vrater, Judge. Harrison, Slat Mareh
and 13th September, four week*;' Panola, 18th
April and 10th October, three weeks; RoS!
poied oft Upshur, Slit February and Iftth Aug-
ust, four weeks; Wood, 7th February aad lit
August, two week*.
„ w SKVENTH DISTRICT.
0 r. Mf- Galveston, 97th Jase
and 90th Oeewaber, nattl bulnese disposed of;
U rimes, 18th April and I7th October/two
wet ks; Harris, 30th May aad 9Mh November,
four wm-k*; Montgomery, 18th April aad 14
November, two weeks; Walker, 9dMay aad Met
October, two weeks.
EIGHTH DISTRICT.
Wm. 8. Todd, Judge. Bowie, 14th Mareh
and Uth September, two weeks; Cms, 38th
Mareh and 19th September, three week*; Kan
niu, 01 b Juue and 6th December, two1
Hophlas, 10th Mar aad 14th November, two
weeks; Hunt, 30th May and 98th November, oae
week; Lamar, UOth June aad I th December,
two week ; Red River, 4th July and 2d Janua-
ry. 18S0, uutll buslnei* disposed ot.
NINTH DISTRICT.
R. A. Reeves, Judge. Anderson, 18th April
and 17th Oetober, three weeks; Cherokee, «•«
Mareh and110th September, four weeks; Hen-
derson, 9th Mav anil Tth November, ¿as week;
Houston, 7th Mareh and 6th Seetoishsr. two
weeks; kaufman, 10th May and 14th Novem-
ber, one week) Smith, 30th Ma? aad 28th No-
vomber, until business deposed eft Vaa Zandt,
23d May and 9lst November, one week.
m iit TENTH DISTRICT.
Fielding Jonoe, Judge. Calhoun, Vtk Mm
sud 31 st Ootnber. two weeks; Dewitt, 9lta,
March and 19th September, two weeksi Oco-
tales, 11th April and 3d October, three wstta;
Jackson, 7th Mareh and OTth August, oae wecl!:
Lavaca, 14th Mareh and 6th September, two'
weeks; Victoria, 91* February and 1Mb,Aus-
unt, two weeke. ^
ELEVENTH DISTRICT
Joiiah K Crosby, Judge. El Paso, 7ftJMafCfc,
and ftih September, until bus!ne*a di poeedel ;
Presidio, not prevldt d for by Isst law,
TWELFTH DISTRICT,'
E. J. Davis, Judge. C'smeroe, tltb April aad.
14th November, four week*; Hidalgo! 8$<L May
and 90th December, oae week; Starr. W May
and 90th Deeember, two weehs; webb, Me
Jane andbth Deeember, two weeks; Zspata,
10th June and 13d January, 18S0. oae week.
T1IIRTE15N TH DISTRICT.
John Gregg, Judge. Fall*, 4th April aniM,
October, oae week Freestone, 9th May aad 7th
November, oae week; HM, 18th April and lST"
October, one week; Leou, 16th May and 1(1
November, two week*; LieMstone. 11th
and 10th October, one week; MadltoOj
March sud 19th September, ono week; Nava
ro, 25th April and 944h Oetober, two
Robertson, 98th March aud 20th Sept
oue week.
FOURTEENTH DISTRICT.
M.P.Norton, Judge. Beo, 10th. May i
14th November, one week: Goliad, 2d, May i
31st Oetober. two weeks; Karnes, lelk /
and 17th Oetober, two weeks; Live Oak,
April and 10th October, one week; No
Mar sed 98th November! until bosio«_ -.._,
of; Refugio, 23d May aad 91*t November, mm
week; San Patricio, 4th April and 3d Octoher,
one week.
FIFTEENTH DISTRICT*
J. M. Maiey, Judge. Chambers, 14
and 19th September, one week;
May and 21st November, one week; -Jefl
SOtn May and 98th November, one week; 1,
ty, 91-1 March and 19tb September, two w
Orange, 0th June and 6th Deeember, until
neu disposed of; Polk, 4th April and 3d
ber, two week*; Trinity, 18th April
October, two week*; Tyler, 8d MKf
Oetober, three week*. ■
SIXTEENTH DISTRICT.
N. M. Burtoni, Judge. ArehSh 9tk
7th November, ne week; Clay. 9d,Mai
Oetober, one week; Cooke, loth April'
Oetober, one week; Dallas, 1st August
January, 1880, until business disposed) <
ton. 13th July and 12th December^ one
Grayson, 4th April and 3d Oetober, two week*;
Jack, 30th May end 28th November, one week j
Johnson, Uth July end 8th January, UlW7_oaa
week; Moutegue, 94th April and 94th
one week; Parker. 4th July and Id
1860, one #eek| Tarrant, 30tk June
Deeember, two weeks; ThroekmorC
Msy sod 14tb November, one week; V
June and 6th Deeember, one week; To
Msy and 91 *t November, one week.
SEVENTEENTH DISTRir
E. H. Vontresa, Judge. 1
aud 14th November, one week; I
April and 3d Oetober, two weeka:
23d May and tlat November, entU I
posed of; McCulloch, th May and
berTnne week; San Saba,95th
October, two weekai Williamson, 14t% IfodA
and 19th September, threé r ' -
EIGHTEENTH
K. F. Buekner, Jn
and 17tk Oetober,
M¡ay and7t?^ovi
May and Htb Nor
March aad 19ih 41
de, Uth A]
N.W.
n^AprUabd
*rS
D
Judge. Bell.
. until business (list
abd 10th Oetober
StS
vt« y U"|
weeks) Krtti,
week; II
i %
M *
i
«m,;
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The Southern Intelligencer. (Austin City, Tex.), Vol. 3, No. 27, Ed. 1 Wednesday, February 23, 1859, newspaper, February 23, 1859; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth179990/m1/1/?q=stolen%20land: accessed May 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.