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VOLUME xxxvn
* FLOYD-PAGE
LAND CASES
Results in Verdict For John
T. Floyd Last i
v Week
FOR LAND AND DAMAGES
Case will Doubtless be Appealed
to State Supreme
Court
The trial of the case of John T.
Floyd against Win. Page went on to-j
ward the end Tuesday morning of
court week. All of the testimony was
finished up on Monday.
Both sides made- motions for directed
verdicts. Extended arguments were
made by the attorneys on the opposing
sides.
The defense set forth that Wm.
Page claimed this land not only under
the deed he got from Nancy Floyd
.but from and under a deed that he had
from Chas. Grainger, and which had
been put in evidence; they also argued
; the question of estoppel ?
On the other hand the plaintiff ar
gued that the defendant failed to
show any deed from the sheriff Dan 1
C. Lewis, to Charles Grainger under
the tax sale, they having showed that
while the land had been put up for
src/e for taxes, but the record was
marked "Sale Suspended," and that
wnile Charles Grainger had undertaken
to make a deed to Mr. Page yet he
had no right to do it except to make a
quit claim of his right as the bidder at
the tax sale. <
The court refused both motions and
sent the case to the jury. This was
about the way the case was conducted
before. At the first trial the motions
for directed verdicts were asked and
k -both sides refused.
After the refusal of the motions for
I directed verdicts the arguments beB
fore the jury commenced. These took
I up the most of the tinie.
I The plaintiff's lawyers stressed the
I poi? t that John T. Floyd was under
I at the time of this sale from his
I /^Tiother to Wm. Page; and being unI
der age he could not be estopped? un|
der the law by any conduct which had
I taken place; that the defendant had
I the right to possess the land so long
m as Nant-v Flovd lived, but after her
I death the plaintiff was entitled to
have this land. On the other hand attorney's
for th* defense told the jury
that John T. Floyd had been entitled
to the land at one time hut his title
had been divested by operation of
law, that Floyd had received the benefit
of the money the sum of $100.00
which Page had paid to his mother
for she had invested this in other
land Floyds township and in the
cofl^j? of time he got a very neat sum
of money by donation of his mother
when she conveyed to him the other
land which John T. Floyd sold.
They argued that there must have
been a deed from Sheriff Lewis to
Chas. Grainger for the dower land at
this tax sale as they had proved that
Grainger went to the sheriff's house
and got a deed or paper as told by his
son, A. L. Lewis; and as recorded in
the execution the proceeds of the execution
had been applied on the judgSeveral
arguments were delivered
on each side and they were not finished
before about the noon hour on
Tuesday.
The jury found a verdict for John
T. Floyd for the land in dispute and
$5.00 damages.
After the decision of the case in favor
of Floyd, the defendant, through
his attorneys, filed his claims for betterments
against the land, the law requiring
this to be done promptly after
Ithe rendition of the verdicts in suits
for recovery of land where improvements
have been made by a party believing
his title to be good in fee simple.
This will have to come up and be
triedl/out before the plaintiff in the
casfljcan take the land.
TlTO* Herald has no accurate information
as to the value of this land
involved and the improvements thereon.
It has been stated that betterments
have been filed to the extent of
$40,000.00; that the buildings and machinery
now on the land are worth
ten thousand dollars. Various estimates
have been made of the value of
the land at this time without the improvements
on it.
JUDGE PASSES
" ON FIRE CASE
An interesting legal question is now
pending before Judge Shipp, who is
holding a term of the court of com
mop n'eas in Conway. It is a question
aris in the suit of J. T. Mishoe
PTrexler Lumber Co.
suit is a second action brought
plaintiff against this lumber
y to recover damages for a fire
t out and burned over his lands
. He alleged that the .-fire pot
negligence of the Trexler Lummpany
who at, the time, was
> .v logging train through and
his woods, on the McNabb
* lard near Bavboro.
first suit was brought for negin
allowing the fire to burn
1NUED ON PAGE EIGHT)
MARKET OPENS
AUGUST FIRST
The tobacco warehouses, running on
the auction or independent plan, will
have the opening sales this year on
August 1st. T. N. Fullerton, of the
New Brick Warehouse, went to the
meeting last week which determined
the time for the opening sales.
Conwav is in better position this
time for the sale of tobacco on the
auction plan for the reason that the
market here will have three warehouses
instead of one, as before, running
on the auction plan. The .three
warehouses are: The People's Brick
Warehouse; the New Brick Warehouse,
and the Planters Brick Warehouse.
All three of the warehouses are the
best in the way of large floors and
plenty of light.
It is said to be assured that this
thnn tliPi'P will hp hnvArs Prm
way market representing all of the
tobacco companies.
The warehouse men could not be
better in the interest of the growers
of the weed. They are all men of experience
and well known to the tobacco
business.
Besides the auction warehouses
above mentioned, there will be two
warehouses operating- on the cooperative
plan. These are the Horry Warehouse
and the Farmers Warehouse.
They will have competent men in
charge to take care of the tobacco as
it is brought in and it will be handled
as it was last year, by men who i-.re
experienced in the handling of tobacco
and who know how to keep the
weed in the right condition for sale to
the big companies.
So far as could be learned the condition
of the maturing crop remained
good. Farmers were curing the weed
in the barns all over the tobacco growing
section. Samples of some of the
barns have been shown and the grades
being produced this year will be fairly
good as compared to the grades of
years past.
CURING SECRET
WAS FOR SALE
M an Qa\/c Uic Pathnr UoH^
IflHII VJUJO IIIO I UlMl/l I IUU
Trouble in Selling
It
ANSWERS HERALD LETTER
Growers may Do Better by
Studying Condition of
Leaf
Many tobacco growers read the arfide
appearing in the last issue of the
Horry Herald about the letter received
from a writer concerning a supposed
discovery made by his father as to
the best dates for tobacco curing.
At the same time that the article
was prepared for publication in,the
paper, the Herald addressed a letter
to the writer of the article.
This letter that the Herald wrote
was for the purpose of ascertaining
whether this man proposed to give the
information he claims to have to any
tobacco grower, free of cost, or
whether he proposed to advertise his
.scheme for nothing, and then perhaps
reap an abundant harvest of dollars
which might be sent to him by the
Horry farmers in an effort to learn
what it is he knows. This letter fallows:
Mr. W. H. Davis,
Mocksville, N. C.
Dear Sir:
The article which you enclose for
publication is very interesting, but it
is impossible for us to understand just
what you are after in having this article
published. You do not state in
the article that the information you
offer to give will be free to the growers
of tobacco. If it is information
that you wish to sell to the subscribers
of our paper, then this is advertising
that you have offered and we cannot
undertake to publish it unless you
agree to pay for the amount of space
used; on the other hand, if it is information
gained from your father's experience
in choosing the right days
for curing tobacco and you wish to
give this to as many of the tobacco
growers as will write you for it, it is
a different proposition and we might
consent to publish the article if we
felt assured that this was your object.
We are holding the article here
awaitinng a further hearing from you.
Tn due course an answer came to
the above mentioned letter and the
answer is as follows:
H. H. Woodward, Editor:
Relative to the matter of Rood dates
for harvesting tobacco, will say that
my father had given out this information
practically free for several years
prior to his death, or ever since he
made the discovery.
Ho was only concerned in petting
the information to the tobacco growers?those
who were interested
enough to ask for it. However, there
has been more or less exnense attached
to this work, which the interested
growers gladly furnished when told
and explained. But his expenses and
receipts usually ran about even in a
season and if he came out even he was
always satisfied, in that he contribut(CONTINUED
ON PAGE EIGHT)
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parr
OONWAY, S. 0.,THURSDAY^
ONE IS DROWNED
AT GALLIVANTS
Girl Almost Drowns Who
Went to Rescue of Her
Brother
J. J. Scarborough, who conducts a
general cleaning' and pressing establishment
at 207 East Evans Street,
Florence, plunged into the little Pee
Dee River at Gallivants Ferry yester- <
day afternoon and saved the daughter
of H. N. Jayroe of Marion from
drowning, after her brother had already
been drowned, and Mr. Jayroe
had become exhausted from his efforts
to save them, after they had
been caught in the undertow at the
old bridge, which had fallen into the
river and formed a whirlpool that is
very dangerous.
Mr. Scarborough and his wife and a
number of other Florence people were
spending the day at the ferry, and Mr.
Scarborough was sitting beside the
river bank fishing when he heard a
woman screaming for help a short
distance away. With others he rushed
to the scene and just as he arrived he
saw the head of the girl come to the
surface, where she had been forced to
the surface by the forward wash of
thp undprt.nw. A lit.t.lp farther nn
clinging- to a piling of the new bridge,
he saw Mr. Jayroe feebly holding on,
he having become exhausted in his efforts
to save his son, who had already
disappeared when Mr. Scarborough
reached the snot.
While others ran along the bank
of the river, wringing their hands and
I shouting for help, Mr. Scarborough
plunged into the water and swam to ,
the girl's assistance just before she
disappeared for the third time. Just
prior to this a young man had gone to
the girl's assistance, but being unable
to tow her ashore, had turned back,
fearing the strong undertow at this
place. Mr. Scarborough brought the
young lady ashore in an unconscious,
condition, and it took a half hour to
j bring- about her revival.
The young lady, who is about 16
venrs of ntre had crone into the water
I to assist her brother, who was 13 year
old. and being- caught in the undertow.
was drawn under the water herself.
Seeing the danger to his children
Mv. .T"vvnp. who was ashore buying
some fish, went to their assistance
and almost drowned himself. The boy
was drowned about 4:30 o'clock yes
| ter afternoon and was not recovered
until after G o'clock, it being brought
to the surface by some men who were
| using hooks on the end of long poles.
The body was found at the bottom of
the river caught among a mass of
logs and other rubbish, the hook
catching in the bathing suit of the
boy.
Mr. Jayroo, who is a lumber inspector
of a big mill at Marion, is well
known in the county.?Florence Daily
Times.
TRANSFER MAN
GETS HIS PAY
A white man by the name of Anderson
refused to pay a negro transfer
driver, out of Marion last Saturday
;night, and before the incident was
over the officers of the law had some
.trouble and the delinquent traveller
was in the town guard house.
The "man hired the negro automobile
driver, in Marion, to bring the
former to Conway, agreeing to pay
the negro the sum of ten dollars upon
arrival here.
No money was passed in the beginning,
it being understood that the negro
was to complete his contract before
this money would be paid.
Between here and Gallivants Ferry
the white man wanted the negro to
stop the car so that the former could
get out for some purpose that was not
satisfactory and the driver watched
the man only to see that he was trying
to slip away. It appeared later
that the home of the man is in that
section of the county and not in Conway.
The negro applied to the officers of
the law and the white man was
brought up on a charge which result.1
n i _ . 1.. i * i_ ^ 1.1.
en Trom ms conduct in tne matter.
One of the officers went with Anderson
to his home in the country. Finally
his people were brought in and they
chipped in and paid his fare and also
the cost of the proceedings.
CONWAYBOY
SAVES ANOTHER]
The friends of A. C. Thompson, Jr.,
of Conway were pleased to learn of
his success in saving a young lad
from drowning at Hendersonville, N.
C. One day last week a company of
hoys were in bathing in a lake near
Hendersonville. They were strangers
,to young Mr. Thompson and while he
did not join them he remained near
them looking on. One of the boys he
noticed was struggling and none of his
friends were able to lend him assistance.
When he saw the boy rise to the
surface of the water the second time
he plunged in with clothes on to assist
him and was quite successful in his
/escue. '
Friends of Mr. Thompson here at
his home extend congratulations to
, "A. C." because of the brave deed.
t
"JULY 12, 1923
ABOUT TESTING i
WEEVIL REMEDY
Mr. Jernigan Will Write Fre- *
quent Articles For The ,,
Herald i
c
Dear Mr. Editor: >
Will you find a place in your paper 11
for me to publish a short piece about I
'Testing Boll Weevil Remedies."
It seems that many farmers are \
testing for themselves various boll s
weevil remedies to see which is the %
best. As a rule, it is better to let the 1
experiment station do such work, j
They are equipped for it and have ;
men who can take the time to make .
careful and accurate counts. >
* t
But since farmers are doing some }
experimenting on their own initiative \
there are a few things to be taken into
account in arriving at a fairly ac- \
curate conclusion. \
In the first place a farmer must '
prove that weevils are abundant J
enough in the field to do material
damjiga No boll weevil remedy has a
fair chance to reveal its worth where
there may really be no need to take
steps to kill the weevils. The only possible
way to establish the fact that
weevils are present in a field in numbers
capable of doing serious damage,
and the only way to measure the
damage, is to have a check plot. By a
-1 l- ? l - x i i ? * '
cnecK pioi is meant a piot wnere no
remedy is applied and weevils are allowed
to develop in a natural way.
This check plot to be of value, must
be in the field to be treated and in order
that it should tell the truth about
infestation it should be representative
of the field. If some part of the field
is richer than the other, the check
plot should extend into the rich plot
as well as the poor. Scientists find
that in poisoning boll weevils it is not
fair to take the first two or three rows
of the check plot into consideration as
the effect of the poison is not likely
to extend over these first rows. A
check plot should, therefore, extend
over several rows. This means a possible
loss of cotton on several rows.
Accurate experimentation is, therefore,
expensive at best. ? 1
It would not be exceptable evidence
to compare your treated field with an
untreated field of a neighbor, for it
has been found that boll weevil infes- .
tation is not uniform. To get at the
exact facts, it will, of course, be necessary
to give the experiment field the
same general treatment, other thun
the poison. That is, all the soil should
have been prepared alike, planted similarly,
chopped to the same stand, cultivated
the same throughout, and the
treated and untreated should be ecjual
so far as damage from disease like
will or other adversity.
No boll weevil remedy is given a
faT trial if ! is no* applied according
to recommendations. The best cnn be
the worst by failure to follow Ihe
rules. Where you use machinery, use
the proper, machinery and see that it
is working1 perfectly. Do not be too
hasty in drawing conclusions. The
proof is found at the scales in the fall
and not before. What might seem to
be true may turn out differently when
the yield is weighed. Then when one
year's tests are concluded, don't be too
cocksure. Experiment stations do not
find it safe to depend on one year's
results, but on an average of year's.
One season might be exceptional for
some .reason and prove a false guide.
One year a farmer may have a poor
growing season and the yield might
be so small the difference between the
treated and untreated area would not
be great enough to make the fight on
the weevil worth while. The greater
the yield, of course, the greater the
difference ,between th treated and untreated
plot. In fact, only by greater
yields per acre can the expense of
fighting the boll weevil be met without
running the risk of making cotton
growing a losing proposition.
FRED M. JERNIGAN,
(Mr. Jernigan writes a letter to the
editor with this article and offers to
send an article for publication every
week during the next several weeks
while the weevil season is going on.
The Herald will delight in printing
these articles, and will be glad to hear
from other farmers on their experi
i.-?J \
enue.?xnu. ;
WILL PRACTICE
AT GAFFNEY
J. I/. Thompson has formed a copartnership
with Cornelius Otts foV
the practice of law at Gaffney, S. C.
They are located in the Littlejohn
Building, at No. 417 1-2 Limestone
Street, and began practice under the
firm name on July 1st.
Mr. Otts is located at Spartanburg
and is understood here to be an experienced
lawyer in the general practice.
He is well known in his profession
in all that section of South Carolina.
Mr. Thompson is a recent graduate
of the University of South Carolina.
vHe is a son of A. C. Thompson of
Conway, and a younger brother of F.
A. Thompson of Mull ins, also a lawyer
with offices at Mullins.
J. L. Thompson has many friends at
Conway who feel interest in his success.
cM.
HIS CROP HAS
NO WILD FIRE
Alitor Herald:
In a recent issue of The Herald I
lad an article concerning the wild fire
n my tobacco and my experience in
rooperative marketing. The three
'ears mentioned in that article I used
m 8-2-2 fertilizer, from 1200 to 1400
rounds per acre.
This year, 1928, I made a complete
;hange. I made a new plant bed in
oft mellow soil, and I used new canMs
and new seed of the Warner vaiety.
(I had been planting- Harris). T
ransplanted my plants in soil where
;here had been no wild fire. I used
1000 pounds 8-3-3, 200 pounds acid,
<0 pounds kainit salt and 25 pounds
litrate soda per acre. 1 have not seen
my wild fire in my crop this season. 1
;hink I have a fairly good crop.
1 would like for some one who has
lad experience with kainit salt under
,obacco to let their views come out in
Phe Herald. 1 had never used kainit
before for tobacco. I used it this year,
thinkinir it would keen off the wild
fire. H. E. BLANTON.
Nichols, S. C.
SINGLE CASE"
BRINGS FIVE
Defendants in Watts Case
Bring Suits Against
Plaintiff
CONDITION OF DOCKETS
Motion UVIade for New Trial
and Appeal to Be
Made
One suit in the court of Common
Plea? last \*eek has resulted in the
'.ringing of five more. The case refer
red to is that of Mrs. A. J. Watts as
plaintiff against Jesse Arnette, Othan
Arnette, Josiah Watts, Mrs. Lou R.
Whittington, Charlie Grainger and
Othan Harrelson. Josiah Watts died
after the bringing of the action. The
jury found a verdict for the plaintiff
for the "land in dispute."
The suit involved the possession of
a fifteen acre tract of land which was
said to have been conveyed years ago
from Mary J. Seals to David Bryant.
The latter mortgaged to H. H. Woodward
and others, and while Bryant
was serving: a sentence in the State
penitentiary, the mortgages were taken
up by Frank Spivey and Rachel
Spivev and in the course of a short
time Bryant conveyed the land to
them. Spivey conveyed to Luke Watts,
and the latter to his daughter-in-law,
Mrs. A. J. Watts.
The defendants in the case are the
owners of the different lands surrounding
this fifteen acres formerly
owned by Bryant. The question at issue
was the location of the lines of
this fifteen acre tract of land.
In the trial of the case it was plain
that the surveyors, Jack Long, of
North Carolina and J. B. Gore of this
county had failed to make the surveys
that were necessary to enable the
lines of this tract to be established as
to the abutting lands round it. Both
surveyors made plats separately.
Neither of the plats had the courses
and distances laid down on the disputed
lines and even since the jury has
found a verdict for the plaintiff for
the land in dispute, it would be impossible
for another surveyor or either
one of thpse to take either of the
plats and locate the lines of the land
that the plaintiff is supposed to have
won by the verdict of the jury.
There appeared to be other complications
which had not been provided
for by the plaintiff who brought the
action. One is the fact that Elmore
Whittington, an infant son of M. W.
Whittington, owns a two-thirds interest
in the Lou R. Whittington parcel
and although it was set up in the answer
that this outstanding interest existed,
the plaintiff took no steps tr
l\i?t ia <^ L i .1 i it f rtf 4-/\ 4 K a An oa A / 1%
I / I lllc, 1*11 la MIKilll IIILI# IIIU I * \ I " # I II
er allegation of the answer showed
that Mrs. S. C. Watts, wife of Josiali
Watts, owned a life estate in the
Jesse Arnette parcel, and yet no steps
were taken by the plaintiff to bring
her in as a party in the suit. So it
would appear that although the plaintiff
got the verdict of the jury, yet
she has not recovered the land from
the true owners of it at the j resent
time, and nothing has been eftab'ished
by way of a plat whereby the land
that has been won can yet be located
and marked out.
So much for the original suit out of
which five others have since been filed.
On the day following vho trial ot
the case about this fifteen acres, the
defendants in the action filed five different
suits for what is known in the
law as betterments on the land. These
claims are provided for in the law in
cases where a party has purchaser
land supposing that he had acquired i
title in fee. and went ahead and im
proved the land and then lost it in ?
law suit with another. The law pro
vides that he shall have his claim foi
the improvements. This claim for bet
terments often results in the takinj
awav from the winner of the land al
of the fruits of his victory, in one waj
,or another, for he has to pav what th<
iury finds is the value of the better
?
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j;f
NO. 12
DEPUTY TAKES
COPPER STILL
Negro Implicated by a Keg
Found at The
Place
NEAR BEACH HIGHWAY
Small Quantity of Moonshine
is Found AlreadyMade
A copper still, copper worm, and
regulation still cap, together with a
quantity of sour mash, keprs and a
half gallon of whiskey were found and
captured last week by H. N. Sessions,
deputy sheriff, down inside a swamp
near the road to Myrtle Beach.
The officer had gone to Socastee on
other business and was returningalong
the road, driving n Ford car. He
overtook Roshin Amnions who was
walking the road alone in the direction
of Conway. The officer stopped
and offered to give Amnions a ride.
Amnions related that he was in
trouble, as he had walked up on a
still near his nlace that mnmincr nnrl
he was then on his way to Conway to
report the matter to the officers of
the law. Sessions told him that he
need pro no further and that he would
no and take the still.
On the way they pressed in Walter
West.
The three then went to the still and
found an outfit of about twenty gallon
capacity and with all the usual implements
used in making moonshine
whiskey, including a quantity of liquor.
About sivtv gallons of sour
mash was found there and turned out
on the ground.
Befovr going into the swamp for
the still the officer was informed by a
lady that some days before that a negro,
Rob Oliver, had fifteen gallons of
svrup and hid borrowed a keur to take
it off in. She told the men that if this
keg should be found at the still that
she could identify it and that this keg
might identify the oneratov of the
still. The officer brought the kegs
back after taking the st>'l and the lai
dv picked out the keg which the ne'
gro had used.
This still was located not far from
the road to Mv'le Reach and near the
binds of A. W. Stevens and Roshia
Amnions' nlace. This is not very fjir
from Socastee.
TllOl'O uvk im nnfti'ii f .-?? !n
? ? * * I I V *' 1 UVA'l 111 1.1^ 1 I I#
when the officers approached.
Boh Oliver was nuestioned ahout
the ownership of the keg. He said that
thin keg belonged to one Mr. Fullwoo(J.
He told conflicting stories about
the syrup and also about the keg in
which he had it.
It was stated that warrants had
been sworn out upon the return of the
officer to Conway, but at last accounts
no arrests had been made.
CARS DAMAGED
IN COLLISION
As W. A .Stilley, Sr.. was about to
turn into the public road after leaving1
the steel bridge one day last week on
his way into the town from the ve
neer plant; a truck, which was being
driven by the eleven year old son of
1 S. B. Housend was driven into the
the car, demolishing the running
board and doing other damage to the
Buick Six which Mr. StiMey was driving
and doing considerable damage to
the truck.
Tt was said that the truck had no
brakes. The Buick was taken to a ga1
rage where it was repaired.
ments.
I These defendants in the Watts and
i Arnette case have filed claims for l>et>
ferments to the aggregate sum of
$3700.00. The papers are filed in the
office of the clerk of the court t>nd
Mrs. A. J. Watts is required b.v law to
answer the complaints, five in number
without any further notice being giv>
en in the matter.
In the meantime a motion for a new
I trial in the case is pending, also an
i appeal to the supreme court in case
the motion for a new tvial is refused,
i The law requires the claims for the
fn lin il witliin
; eiirlit hours after the rendition of the
verdict for tht land. This had to he
: done and it is only in tho event lhat
i the plaintiff, Mrs. A. J. Watts, finally
wins out, of course, that these claims
{for the betterments will be tried out
to a conclusion in the court.
' I, Litigation would appear to he on
the increase in this county. For many
years the dockets of the court have
, been crowded with law suits waiting
their turn to be tried and disposed of.
i On that account the law as to the
* terms of the court was changed last
' session of the Legislature as to proJ
vide for more frequent and also lerijri
er terms of the court of Common
1 Pleas. Here in this one instannce. one
i single suit has grown into five differ*
ent actions which will cro on the docki
et and even the old case which stalled
- the whole thin# is still on the docket
i* of the court and mav be there for a
- long: time.
X This dispute has come up in a sec1
tion of the county where develop*
ment and improvement is going on in
? about th<* same r*tto as in other farm*
ing sections of the county.