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MRS ROBERTa0N'8 DOWER A Fairfeld Case Before the Supreme Court of South Carolina (Jne. S. Reynolds sn the State.) Martha A. Robertson, plaintiff, re spondent. Jas. R. Curlee, deferdint, appellant, and Thoo. K. Edliott and Thee. U. Ketchin, also appellant. Dawer. Vouching warrants to de fend. Parties. Practics. Oa July 27, 1899, the plaintiff filed her petition in the probate court for Faifeld county, praying that her dwer be allot'd ,o her in two tracts of land alleged to be in the possession of James R. Curle-, defendent. O. August 18, 2899, said Curlee f'ed bis answer to said petition, in which he alleged, among other things, that one of the tracts of laud men, io e I in the petition had been conveyed to him by Iha. K. Elliott and Too@ H. Ketchin; and that said grantors war ranted the title to him by a covenant of general warranty. ie aso p-ayed that said Elliott and Ketcbin might be made parties to the proceedir g at d required to defend the title to said tract of land agreeably to their ciJv nanbt of warranty. On the day that Cur-ee filed his an swer be also served upon Elliott and K.-tchin, requiring them to come in and defend tWe title to said tract of land. This notice was served before the fing of said answer. On Auguat 19, 1899, the said Cor'ee, E.iott atd Ketenin appeard before the probate crt, and moved the coa t loran order making the asid Elliott and Ketchin par ies to the proceeding, and for leave to thbm to come in aid answer the petition of p aiutiff. On A a 9:' - otion was refused. - pn the filing of the <rder re - fusing said motion, notic.- and ground' of appeals to the court of common pleas was dn'v servet'. On September 4, 1899. ;the probate judae proceeded to hear the petition rer dower upon its merits, notwith standing the ot.jaction of the defend. an!s upon jirisdict'onal grounds. The date d nt Curlee da y served notice of appeal to the court of com moa plea-. The two appeals from the probate court hkard by hii honor, Judge Aid iieb, who affirmed the orders of the probate curt. Carlee, E lictt and K. chin appealed. Mr. Justice Gary: Sections 57 and 59 of the code mu-t be contrued to gether. Wt.ile the order of the the probate court, Augu-t 21, 1899, refu'ing tthe mo-ion to make IClhott and Ke-chi; parties m 4y be i egerded as "final" as to the rights of Eliott ad Krtebin it was not "xiial" as the rights of all parties to the proceeding; and th's is what tLe code contempstep. Tne probate c.urt therefore had jur I diction to hear tbe case upon its merits aften~erice of. notice of appeal er.' The notice made the ____ in the pr - teotur nd their motion to I made parties was entirety unneca sary. (etmdw win v. Taylor, 2 Brev, 17 Dais v Nilba-n, 1 Hiji 27; Middletr v. Thonmp'on, e'p. 67; Wiison v. Mc]! wee, . S rot-. 65; Backels v. Monzo Ib 448.) If the motion had been granted would only in formal manner have e abled the wart antors to exercise right which had atready been co ferred upon them by law, anid if :1 motIon had been ref a-ed on the grout that there was no neces'ity for such proceeding there would have been error. The order of the probate cout t defi lng the uights of the parties was bin isg on them until reversed. It d prived the war rantees of a right whit the law gave them independently of t order to that efif c-, and was therefo erroneoms and she a d h %ve been m aside by the circuit conrt. Mr. Chief Jus'ice Mcdcer: Und the authorities cited, Ellio~t at Ketchin were neither necessarry nt proper-partles to ths plaint f acti< of dower. The plaitatiff did not at could Lot cla-m any relief again them. It would be a burdensome and u neesery impositioun upon the doi eress, involving delay and <xipense which she snould n t be rubjecte either to require her to malke the wa rantor a part y defendant or ti perni him to demind that he shoult I made a parv. The only obj et to I attained is ful y jaccomplished 1 vouching him ia-as was done in tt ctmr. In any view uf .he mstt-r thes erd appeatedi from was wholly unnecce many, antd hence its refusal constitati no reversible err or. Bit the coj clasien reached in ti opimion of Mr. Just ice Gary met min have been placed upon the ground th the ciurt of probate reated its c> clusion ujoa an erroneous view of ti law. Tne only que-tion for this court wheeber a ruliag or judgmt a pealed from is correct, and not w be h ' be reasons given for *uch' ruling judgment by the court below a sont d; for if ti e ruli'.g or jadgment right it metter. not whether the re sons given by the court below for c Inclulsione are sound or unsonnt t. Tie only ruling asked f r by V mo ion subomitted by appellant4 w tha' E' iott and Ketchin abould made parnies to the proceeding at that they be r equired or permitted come it and answer the petition, at much ruliv g was refased by the ord appealed from. This t a'ing was, alteady shown, clebr y corrected; at evin if the order contained atay roneous or untfsu' d d reasons f such tuling, that would not vitiate t order. But there. - is nothing in the ord either showing or tending to sha that it was based upon any unsout reason. There is nthing i-i it that d prived the appelian a ur ti her of the of the leg~at right to tet ~upon arty d fese to-the action by :howinag th the title which E~liott and Ketch bad conveyed to Curles, was par ...n to ithe platutifi's .1.im of d..w d her righ or that she had renou 0. have pr< The appellants seem Idea thi ceoded upon the mistak come an these warrantors could no hal cot defend tbe title whicb they ad bee veyed to Carlee until they 'ey ha conv)t3ed to Curlee until t d ha been made parties defendant a tho answered the petition; and fo t t leason probably made no atte do so. The order of the circuit judge a p'aled from should be affi med. Mr. Justice Pope: '-1 dissent. A stated by Chief Justice Mclver in his disseninrg opinion, the reasons given ,y i eel ciuit jdge for. his .judgnent may be faulty and yet such judgment may be correc'. The circuit juage holds that Elliott at.d Ketchin were not necessary partiev. In this be was correct-as is admitted in the leading opinion." Mr. Justice Jones: "I think the judgment of the court below should be affirmed, for the reasons stated by. the cbielrjus!i.-' Judgment below affirmed. Opio ions filed March 12 Mr. J. E. McDonald for appellants; Mr. Jae G. McCants for respondent. CASTORIA For Wfants and Children. The Kind Yu Hlave Always BONght Bears the 3ignature of LESS COTTON Mr Editor: This is the time of year for plantet s to fix to plant their crops. At this present time it looks very -ich like the cotton crop will be large, unless something turns up soon to call a halt-and why should not something turn up? Or has not enough already been done to danse you tc 0-op and think? We all under stand that the mills have combinea against the planters of cotton and say a aless you can make cotton and sdl us at pii-es that will enable us t make a profit of from 25 to 40 per cent we will shut down our night operations, rua on short time, and consume'but little of Tour et ton, which his brought cotton down. And still they hope for a lees price in cotton and a rise in cot ton goods; ihey kill two birds with one stone. If the gambling part of specultlion and the mill powers is against us poor little cotton planters who is for us? It looks like every man for himself and the devil gets Ie hindermost. With all this in sight wou'd It not be better for the planters to ea'I a hilt. Every other c!aes of peopl inne except the farm .1k that wai-but a era; they sometimes - they will not stick oD~~.u Stimes it looks like they would but ji Sat the dawn of sucess they bo~t. Ithe mill men can afford to disorgani: ,and siter their operative.-milioi of them - in this United States that'nt and probably will result in bread rioi it. and bloodshed. Daes it not look lii .we the 'prodneers of cotton, mig a atbandon a great portion of this cnttc ~. crop, plant corn, ame lets or thol eferti~iz -rd you have bought for co. d and peas,:make everytl-iug pessiie~ a home you c in live on an't then whi e you may have to dress less, drink Iei and go to '.Offn le-a, you will fit .more comfort, at home around yo ~. firesides- You will have fal, horse t at con s, hogs -and poultry. Let tl hcotton gamb'er re t with the mill mi n f(they can make a living at halt wol e -300 try it awh'le. Let the negro et go, let them go west. All we are doi in Siuth Carelina and the p incia cotton States is raising negroes ai r killing mules. During the Uonfeders dwar people were forced to aband >r cotton, raise grain and hogs and sta c In these sections where bherman al his thi ye; 'i,i not reach there w t plenty aid to spare-corai cribs In smoke houses Were full, and thetat was well fil ed with many ctmforts 1 rcam not have nowr. Make bread. I the mill and cotton gansb'ers rest. "Cotton P:anter and Worker.' it TH E FP7ERTO RICANs OVERTAXE[ | Washington, Mac 11.-The pre ty dent this moraing granted a special a is dienc3 to Mesars. Wencesla B )rd a, J eand Vince'e Bilbas, mam'>ers of .Puerto Rican commis ion, which w ~d appointed at a mass meeting .f citizens of the island at San Juan SFebruary 2 to p~*teat against the la at enacted by the legislature known 2. the Hlollanider bill. Thi s measure pr le sides for the raising of revenuei . property and exe se taxe~s. The c )misioniers presentedl a f'e P mi protest which enumerated a r ries of 18 objectins to the law. IL :r contended at th re exists to-day rc Pue:-to Ric)> three tax-s levied and c: is lected for the same purpose "from aimpoverished p casts of the people ta the new excise taxes under the H< la- de -law, th3 old insular and manti .1 pal t axes, arid the cu-toms duties tytd s ihe Pue. to Rican civil government at )e Anay of these, it is he d its sufficient ad cover the budget. Und--r the b! to $500.000 or m .re will be callects id semi-annually in advance, thereby, t er protest says, tessetning the money as circulat on (of which there is less tht ad $2 000 000) ao.1 prods~cing a state r- impovertitiment and bo-iness stagit or tioni, as the taxes are collected by aua ismary process. It is asserted thit i measure is both aa income and pro r erty tax law, that two <.f the princip w indu-tti s or tbe island (ruts and id bicco) are axe I so heavily under e. hat thcir production uder pree mn conditions is practically probibite . that the enly :~tandard of valuation ' at property wiil be the f~ersonal oj'ini< in of the as~essors, and as ihey may a- .spp .inted hr political favor there is ir danger of injstiee to a la-ge at cii of the community frium excessive va. a. tl&in. t The c .maistioners ask the president d that G)v. Al'en b, directed to c il a I- spcii session of the legislature to n amend the law in a ianner wi iab will 1 relicve the peop:e of the burdens com d plained of and that the gcr,:rnor be t directed to exercise care in the ap 0 poiniment of the assessors. The president gave the committee nearly an hour and li,tened with in terest to their statements. He said he did not feel like exerci~ing his au thority for calling an extra session of the house of delegater, but would commend "hat tea executive council r the utmost leniency in entorcing 2 provisions of the tax law. T je the bers of the commission hop3 to me he pre.ddnt again in the neir fi see tare '2'8 COTTON STATEMENTS HES eans, Ls., March 8.-Scre New O -1d weekly New Oleans tary Heste uge statement, isqued to Cotton Exch decrease in the move day, shows a compared wi-b the mont into sg this date last yeir seven days endina F,030. in round figures of s of March the For the eight da i over lst year totals show an i:.c -e of 4,000. *nto siglt d TLe amount broag'it een 161. en ing the past week bas the se d bales, against 169 789 fo ear. days eud#ig this date last as for the eight days of Mar c been 184.859 bales, ega..60,565 I year. s The mov ment since Sept m',ier Cs shows receipts at all United S- 25 pot t 6 021 593 baes, agi-inst .5.733, 's last iear; overland, across the to -sissippi, Ohio and Potemac rivers. Northern mills and Canada, 924. n biles, against 1.061,719 last year, at terior s:c cs in excess of those held - the c've of the commercial year, 5e 814 bales, against 175 206 1 .. t r Soutbern mill takitgs 910,973 ba t agains 929,812 last year. .r The to a takings of American m North and South and Caiad., thus 1 fr the se con have bean 2 505,385 X againit 2,928.202 last year These clude 1.574 829 ba-ea hy Nar:h he spntnei s, against 1,97u,702. jor $to ks at the seaboard and be twenti-nine leading Soutbern inte se cettre4 have decreated daring st week 13.440 bales, again t a dcr daring th-- corresponding period . s-aaonuof 73,475 Including rtucks left over at 11 and interior towns f-m the last he and the number of balk s brought sight thus far, Itr the nePw ro od supply to date i 8 557.815 against 8 518 70 for the same p last )eir. TEl W3tRLD's VISIBLE SUPPLY. i New Orleans. L'.., March 8.-S he t ry- Hester's statement o visible: supply of st 5 874,089 1 er Skinds. inctuding ', . a, et c.. 999,000 bates, against 731.000 last Syear. C Tetotal world's visible supuly of awith last year of 181,867 ba'ear. e Of the world's visit.'te supply of c it. aton there is now afloat and hld in nGreat Britain and Continental EnropE .1,867,000 bales, against 1,995,000 last y ear; in Egypt 178,000 bales. ageust l191,000 last year; in Todia 491,00C Sba1as, against 325,000 last year, and in the United S'ates I,52.o000 baleP, r against 1,361.000 last year. Prevented a Tragedy. in Timely information given Mrs. Geo. k Long, of New Straitsville, Ohio, pre. es vented a dreadful tragedy and saved ag two lives. A frightfutl congh had Ions al kept her awake every night. She hadc id tried many remedies :and doctors, but te steadily grew worse ntil urged to try >n Dr. King's New Discovery. One bot k. tle wbolly cured her, and she writes id this marvelous medicine also cnred as Mr. Long of a severe attack of Pnen lI, monia. Such cures are positive proo: le of the matchless merit of this grand ye remedy for curing all throat, chest and et lung troubles. Oisly 50c and $100. Every bottle guaranteed. Trial bor tIes free at McMaster Co.'s drag store. SURPRISING INEQUAXTY. 1-FIgures of Particular Interest to at 'Les nSixteen Counties. -, The ~State. at As Comptro!ler General Darham i as soon to distribute the $100.000 to the be credit of the schools fromi the disp -.. >n sary profi-s, County Superintende' t o: W Education E B. Wallaca of this as con'y, yesterday cslsed on Mr. Der 0- ham and called his attention to the )y great oisparity in the enrollment oj children in thbe schools of the severs co)unties, leading to a m inifestly un , just d'stributton of the m~ney, the en n rollment being the basts. The fiznies - show that something is radically wrong somewhere in the method of ;making repor~te as to enrolliaent In . deed it looks as if consider able guens er work is being drne in somne counties. t' Cer:ainly there c.n be no uniformity 'in the meihid of .ecuri-'g the fign-es. d Tnere arc 269,875 scholars enrol'ed 2e in thehools of the S ate. ThiD in rela in tion to the recent canana oopulat ion of 1 South Carolina shows that 20 per cent. o of the population is enrolled in the a- schools. m- Niw, inR c'land'c~nity, according te to the last teport-a county with th' p- extensive Columtbia city schools and a the large nutmber of schools ini the o- o-untry the per cent. of population'en it rolled is only 1.5, while in Saluda at contv, with only a few townt schools, d, the efficial figutes show 26 1-2 per cent. >f Then there is Charleston county, with n its large public school system; the fig 18 ures show the per cent. there to be a only 11 1 2 per cent. against, f r in. t2 sasee Edbflod's 4, ~o~r's 2 1 Lexinigtou's 22, Newerry's 25.. Pick. ens' 23 1 2, etc. An examination of the whole list shows the Richland and Cbarlestou, almoEt beyond question having a greater proportion of popu iation enrolled, by the offical figures have smailer proportions than any other two countiss in the State. There are 24 counties that have a percentage over the average for the State and 16 under that average. Superintendent Wallace ;s taking a deep interest in the matter and Comp troller Derham himself was much sur prised when he examin-d the figu es. What the care will be is bi-pily a mit ter ot conjecture. S iperinrendent Wallace intends to get accurate returns in this county this year. He intends to withhold the I pay warrant of every teacher fail-g to present his ac'ua' enrollment re r Story of aSlave. To be bound band and or thfor yeara by the chains of diserge D. Wilamst form of slavery. tells ho- such a of Manceser, ee. He says: "My slave was made hilpless for five years wife his been d not turn over in bed that she c?'r using two bottles of Eler alone Af(ers, she ii wonderfu 1., im tric BJY and able to do her ownt work." Rr Eupreme remedy for female dis. ases quickly cures nervousness, sleep. lesaness, melancholv, headache, back ache, fainting and dizzy spells. This miracle working medicine is a godsend to weak, sickly, rundown people. Every bottle guaranteed. Only 50 cents. Sold by McMaster Co., drug. gists. BOB TAYLOR'S LECTURE. Special Rates Secured from Towns Nearest Rock Hill. The stats. Ex-G ,v. Bob Tdy!or of Tennessee is to give oae of his famous lectures at Rock Hll on ths evening of the 19th inst., under the auspices of the S. D. Barron chapter of Dungh'ers of Con federacy for the purpose of raising fund4 to erect a motnent to the Con federate dead. Special rates hava been secured fUr tli orcasion, tickets being on sale on March 19th, good to return on the.20th. Toe rates for the round trip are as followc: Charlotte. $1; Pineville, 60c.; Firt Mill, 40,.; Smith, 40-,; Lewi-, 50o.; Chester, 80 ; Cornwetll, $1 20; B ack.t.ck, $1.40; Woodwa.rd $1.40; White O.k. $1 60; Winnsboro, $2.00. The lecture begins at 8:30 on tt.e 19th. Passengers from the. Souu e -n will arrive at Rock HIl at 8:05 p. m. and return at 10.39 p. M. A special Doach will leafa Unarlotte, stopping at all intermtdiste stations Rcek Hill at 7:3 in. p wenty Years Proof. Tutt's Liver Pills keep the bow els innaturalmotion and cleanse the system of all impurities An absolute cure for sick headache, dyspepsia, sour stomach, con stipation and kindred diseases. "Can't do without them" R. P. Smith, Chilesburg, Va. writes I don't know howlI could do without them. I have had Liver disease for over twenty years. Am now entirely cured. Tuft's Liver Pills TOO MANY ON HAND. JJSV ARRIVED, A CARLOAD of YOUNG MULES. I have over otn band, and *hey mnst go. If ron want to buy a route eome to see mes and I wili sell yot; cheaper than you ein huy ani where else. I have an' price mule or horse yon want irom $10 ar.~ Also all good workers and some good sad dIe horser. Come to see me befors you buy. I want to buy your cattle. Let mu see them before you sell. A. Williford, Winnsboro. 8. C. UNDERTAKING -IN ALL ITS DEPARTMENIV iwith a full stock of Caskets, Burbl iCases and Coffins, constantly on hand, and use of hearse when requested. Thankful for past patronage and soliei t asion for a share in the future, in thu old stand talis attended to at all hoa. THLE ELLIOTJT GIN SHOP, J. Ms BLLIOTT * 00. S4-17-1y A The d You Have Always use for over 30 years, All Counterfeits, Imitations Experiments that trifle wit Xnfants and Children-Exp< What is C Castoria Is a harmless sub gorie, Drops and Soothing contains neither Opium, m substance. Its age Is its gn and allays Feverishness. I Colic. It relieves Teething and Flatulency. It assimil Stomach and Bowels, givinj The Children's Panacea-TI CENUINE CASI Bears the The Kilnd You Hai In Use For 01 ?HC CCtETAuR COUPANV* TT M94 Notice to Voters Tne Books of Rhgistration for regis tering voters for the next municipal Slection to be held on Mondas, April 1st, 1901, for Intendent and Wardens ror the town of Winnsboro, S. C.. will be opened at Mr. Jno M. Smith's store Jar-uirv Lt, 1901, and closed Marcb 31-i, 1901. All voters for this election must register within this time. ERch ap >licant for re gist ration muo produce )is coun.y regii-tration certificate and own tax recett for all town ares loe before be can register for town Ilection. J. E. CO AN, Intendant. theart, Sapervisor of Registratioo. 14 s CLERK'S S ALE, STATE OF SOUTH CAROLINA, coUNTY OF FAIRFIhLD. COURT OF COM ON PLEAS. The Peop'es Bank of Winnsboro, 8. C., Plaintiff, v Sol. Welfe, H. C. Wolfe, deceased, C. B. Wolfe, Sara W DesPortes, Rebecca C. Brannon, Etta L Natnan, D. J Kaufmar' haabelle Barnch and Rose E Lytton, Detendan' u. In pursuance of an order -of thi Gourt of Common Peas made in, thle above at ed case, I wiil c(f-r for sale before the Court House door in Win bero, S. C., on the. FIRST MON DAY IN APRIL next, within the legal hours of sale at public .utcry, to the highest bidder the following described property, t< wit: All thcse two12its or parcels of land lying,. bett'g and situate in tbe town o: Winnsboro,in the County of Fairfie' and State of S-muth Carolina aforesaid known and designated on the plan o said town as lotg numbered one hun dred and forty-four (144) and fy nine1(59), containing togethber three' fourths oit an acre, and boundedl nort h wardly by lots numb'ered one hundrh and forty-three (14.) anid sixty (60) ,formerly occupied by Dr. T. T. Rob ertson, deceased; eastwardly b *lot numl'ered eighty-eix (86); south' .waidly by lots nnmbered one hund.e and forty five (145) and fifty~figni (58), formerly owned b' L win W Duval, a'.d now owned by M H Mob~er; anid westwardly by Congree etreet, 'o the rigt t (of way solal b: Day d E. McD.mell to the Cha'rloit and South Carojuta Railroad Compa't' Als all those prem'ses liing, beinj and situate ini the same town, t onnta and State aforesaid, knowfo anad desig neted on the plan of said. town as li numberett eightrenevn (87) and par of Jlot.i.urbere~d -fv -eight. (58), cotn taming ibree-touriha of an'acre. men or tees, andt bottneed on ths soeuth b lots niumbered fifty-tine (59) ami eightv-six (86); Onl -he eaSt b Zio stree' ; on the -et by lo e numbe fifty-seven (5i7) and eighty-eight (88) anid on the wesi by land of the tnar lotte, tnjlambia and Angusta Ritroal Company (on the Moutnern Railwa' ('ompani) through which their rail road track is constructed. TERMS OF SALE One-third of the purchase money i< be paid i's cash, the balance "n a credi of one and t wo years, (In two <.<i-s annual instalments from the day o sale), with ir.Utest fc'.m t e day o sale, to be secured by' the bond of thl purchasir an' a mortgage of 'h' ,rem ises sald, with the rvilege to th purchaser to ay the credit portion C the pnrchase motnei or any part ibere of in cash a' his option. Interest ti he at the rate of eight per cent pe~ annum .The purchaser to pay for a] neocebsary papers JOHN W. LYLES, March 9, 1901. C. C. P. F. C. 3-12td The One Day Cold Cure. For colds and sore throat use Kermnott's Chocc lates Lazative Quininec. Easily takeU as eand: Bought, and which has been has borne the signatnre of ias been made under his per supervision since its infancy. r no one to deceive you in this. and " Just-Cs-good" are but hand endanger the health of rience against Experiment. ASTORIA stituto for Castor Oil, Pare. Syrups. It is Pleasant. IO orphine nor other Nareotio arantee. It destroys Worms cures Diarrhoea and Wind Troubles, cures Constipation xtes the Food, regulates the r healthy and natural sleep. .e Mother's Friend. "ORIA ALWAYS Signature of re Always Bought rer 30 Years. We have trade-winnere. big-grad.. and low-in-price JE ATE RS-tbe t economical ever irveted. They will burn knots, chusks, CbhIA Ind anything else that is combastib, and will give greater heat With leM fuel than any other stove in existence md beat more quickly. They wil keep the room warm all night---se oghr and every bight. You can keep r-ur room at any tempature. Thb kre as cheap an coal & beaper i . Scoal. stove. Thet . fajhnw~r ILalso bay tn 'x heaters We bave selso the new, Heaters-5MOKELESS, IS 4 AND PORT ABLE-suitable for yes. bed room, dining room, and parlor. COOKING STOVES, NONE BE TTER IAADE Why. psy sixtyeight dollars for a rang'e from ant agent wh'en you can buy ae good orie st halt prie' t'or s our home <tealersg who-have ar r-pa tation to. asatain and whO wilI!-tre~a you more fairly. Thie money _left at homne with thbem is circulated at hom@ as mnnch as possible-that aent'away - does noxgood locally. R. W. Phillips,' 151 (ADE DY SAIYWVRCAC PRSALE BY~ O bear Drug Co. TO HlOI IT lAY COCEI rALL PARTIES INDEBTED 70O .tbe estate of Q. D. Wiliiford, d a cea-ed, wit; ptea-e call and settle their t- accounts with A . W Bruwn at thbe old . .s.nd. J. L. M1IMNAUGH, ___8 __3___Administrator. [c ;RALSAM . -Subscribe to Tte New. arid Hecr