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The Press and Banner ABBEVILLE, S.C. /' _ Wednesday, Dec. 14, 1887. SUPPLEMENT. The Arguments Before the Kngtreni Court. We present herewith other arguments h fore the Supreme Court in eases where eith Abbeville lawyers or Abbeville citizens are i terested. The publication is made purely because the value of the papers submitted, and wit out any intention to prejudice the Interests t>nr nil Ant. nne wnv or the other. Whatever takes place in Court is publ property, and as these arguments arc both i structive and entertaining, we have gone i the trouble to publish them, in the belief th: the general reader will consider tliisavalu ble feature of the paper. Having bought a large font of type for th express purpose, we propose hereafter to pu lish such briefs and arguments ns we ma print in pamphlet form, and which may I considered of general value to the reader. The papers which we published last weel and which we present this week, have bee prepared with great care, and make an ab presentation of the respective sides of the di ferent questions at issue. Breakfast Bacon. This is simply bacon used for Ureal last, lor WU1C11 ll IS popular iib 51 MUl- V extra dish on public tables. The be* is from pigs weighing about 100 pound when dressed. A good coat of lea meat should be left along the bad and the pigs should be a breed whic has plenty of lean in them and wine has been grown to develop it. One < the best breeds for bacon and hams i the Duroc-Jersev. Only the sides ar used for these should be cut length wise in strips about six inches wide, c wider, to get even cuts from the sides For 100 pounds of meat use six pound salt, four ounces saltpetre, and liv pounds brown sugar, which should b mixed together and the meat rubbe with it and piled with the llesh side up. Every three days it should b rubbed until the mixture is all absort ed in the meat. It is then ready t smoke, should be from hard maph hickory, birch or corn-cobs, and I kept up until the meet is a delicat brown or dark straw color. The met may be packed in a pickle of the sam proportions and be submerged in it I'c six weeks and then smoked. Fo large bacon to keep through the sun: ruer oue pound more of salt may b added. It is best to cure this in th brine. Each piece of bacon should b sewed up in a cotton cloth if sent to distance"; but if sold near home this i not necessary. Fancy packers of ba con dip the cloths in a mixture of yel low ochre to make them tight. Tli bacon pieces should be oi about equa weight anil the weight be marked o the outside. All this does not mak the bacon any better, but it pleases ih eye of people who buy for looks?an they are the larger number. Washing the Face.?Many It dies have an idea that soap and wate applied to the face hurts the skir but they are greatly mistaken. Th face is as much exposed as the back of the hands, and needs soap as mucl to get it clean. A fine quality of soa is recommended, and after washing i all off' use a coarse towel, and rub th face vigorously until it is perfectl, dry. This mode of treatment will oi ten cure redness, pimples, and blac! heads, and improve the complexioi wonderfully. Hard rubbiug wil make the skin line as silk and bring i into a normal and healthful conditio!] Persons having a very dry skin ina, find an application of olive oil or cti coanutoil beneficial before going ou into the cold, open air. The excess, i any, should be rubbed off* with a ton el. When our Savior appeared on earth he was proclaimed from heaven a bringing an impersonating peace. A1 his doctrine was and is perpetual!; peace. When he departed he hreahe< upon his followers, for all time, the in heritance of peace. It is the main ele ment of the gospel?the chief object c man's cultivation here, and chief pro mised reward hereafter. It demand love toward every enemjr, whether c individuals or of nations. The sevei est persecutions of persons and nation must be submissively borne rather thai infringe upon the sanctity of peaci Hostility and Christianity can no mor exist together, than can the service c God and mammon. Succotash.?Boil a piece of porl almost an hour. Put the beans ii about fifteen minutes after the pork Then cut lightly the corn oil' the cob? and scrape the cobs with the back t the knife. Put in the corn fiftee minutes after the beans. Use twe thirds corn to one-third beans. Boi the cobs witli the corn, ji the corn i not very sweet, add a piece of suga half as "large as a walnut. (Anothc excellent unthoritv says: "Boil th pork and beans three hours, and th corn at least an hour."/ Lima beau should be used. A writer says cottonseed meal ca be fed from one to four pounds dailj mixed with other fooii for cows. H says: "While feeding two pounds dai ]y, with twice as much bran and cor meal, the butter product of a cow e> perimented upon ran up to two pound daily." A large quantity is dangei ous. The composition of an omelette, vr ried as it is in a hundred ways, needs great deal of judgment. Salt prevenl the eggs from rising, flour or too man herbs will render it leathery or ind gestible. Plates and tumblers should never b placed on the table bottom upwart The fashion is antiquated, and ht neither sense nor beauty to commen it. Kerosene is excellent for cleanin off old hardened gummy oil that hf ononmnlofoi) on mnivprs, Sfiranei'S an other farm machines. For a cold in the chest, a flannel ra wrung out in boiling water and sprint led with turpentine, laid on the che: gives the greatest relief. L * . The State of County o = IN THE SUPREME C( ? Noveinbei' JOHN E. BR0\ PLAI o- Hj Z JOSEPHINE A. DEFE Of of Points and Authorities Submi ic Behalf oi D to at Brief State This action is for the posses the River Place, begun Januar c On the 3d December, 1877, for sale at public outcry at A1 iy tor, Joel J. Cunningham, undo JC tate consisted of two tracts o: k 327 acres, and the River Place, ,u' The sale was fair and open lc Martin, became the purchaser if. was bid off at $1,315.45. and th tot'll of $1,609.75 for l>oth pis rin\' nnrl hptween Dec. 3. sive, there was an agreement < and the defendant, Josephine 1 was transferred and assigned ir cember, 1S77, the Executor ex St Brown lee, a title to both plai Is the purchase money cash, and n months thereafter, for the uni: the parties hereto, executed wl h ditional sale," set forth in the ] h consideration moving between >f The character of theagreeme is red and titles made to plaintiff, e upon the determination of w l" pond. ,r The ])laintiff's complaint is ? manding the possession of the ] t answer sets up four defences: ,p 1. That the transfer of the J plaintiff, by the .txecuior, at !S intended as a security for the p ,e vanced for her by Brownlee. ). 2. That on Dec. 3,1879, the o Place for the debt then due, an it conveying the River Place, the ie of the Home Place by defendai e 3. A counter claim for the it vanced by Brownlee, with intc e him from sale of the Home Plf r 4. Accord and satisfaction r land by Brownlee for $2,000. ?* The plaintiff replied by deny e fendants answer, and alleging e er, for his own use and benefit; e January, 1878, termed a "contr a I Hio nnlu ritrhts that .ToseDhine 3 that she being unable to comply [" when it became due, voluntaril; e The Presiding Judge decreed j decision this appeal is taken. i) Points and e This is the second appeal in t ? be found at page 312, 21 S. C. filed, the Supreme Court annou " If it is shown that a deed, i L. " it was executed, only intend r " operate only as a mortgage; , " subsequent written agreemen e " less such subsequent agreernc s " sideration, and is shown to 1 li " due influence by the credito: p " is upon the mortgagee. In < t " sale of the equity of redempl e The nature of the agreement y the bid from Josephine A. Mar f- execution of the titles to him 1 k tal contest. The plaintiff cont 11 fer to him, of all the defendar fendants contend that it was r ' tended as a security for the ad made by Brownlee for defendar y uary 28, 1878, called a "conditic the purpose of assisting the ph ; transfer was intended. The na not be altered by any subsequei eration be shown to have movei case at bar. The brief disclos* tain this very important posi ' Judge finds that there was no l! is not excepted to. The "cont .. ly worthless to the appellant ii j the agreement for a transfer of _ fer must have been either absol have been intended as a condii ,f that it was not. h The Circuit Judge referred s found that this transfer was for if in other words, that it was abs( - Judge reverses this finding, am s absolute, but was intended as 11 money he was advancing to del An examination of the Brif e testimony upon this point, inv< ty between the witnesses for enter into the discussion of the where there is such a direct cc ^ rarely reverse the finding of tli 11 " Being a case in Chancery, ; " the testimony, which we lur '! " testimony, and in that case ' " is prima facie right. )m Maner vs. Wilson, 1G S. ( U " Upon this point, as indeed t, " volved in this controversy, r " when this is the case, as we 1 u 1.?: k,. <-<;* if ~ eunriusiun mw-'iiai u,\ mc vu e " that reached by a referee, 11 e " correct conclusion, s Field vs. Hurst, 20 S. C. In the case of Young vs. Y01 Judge overruled the finding of 11 and in disposing of the appeal r, " The first seven exceptions n e " Court lias often held s\nd v i- " Montgomery, 24 S. C. It? n " It is incumbent on th > " the conclusions of fact read Is " without any testimony to si r* " the weight of the evidence. " said is that there was conflict 1- " this Court rarely if ever intei a ts >* That the transfer of the bid, a l~ ed ax a security for a loan, and The defendant, Josephine A. e Cunningham, and the residuar; childless widower and she had great favorite of his. His hon " associations of youth, and the s hood, which, with her sex, can g impelled her to strain every nc is was not like an ordinary bidde ? of speculation. Her uncle's e and being the residuary legatee g necessarily postponed until th( She had no money, but she w st time was what she most desiret Fired with the keen desire South Carolina, I f Abbeville, i )URT-EIGHTH CIRCUIT. I Term, 1887. j ti . ? ? . VNLEE, | ntiff, appellant, < gainst g MARTIN, et al, j ;ndants, Respondents. \ tted by Thomas P. Cothran in ? Respondents. t merit of Facts. t ision of 333 acres of land, known as r y 6, 1882. t J. S. C'othran, as Executor, offered * bbeville, the real estate of his testa- t r an order of Court. This real es- * f land, the Home Place, containing J ooo ncrcs. , and the defendant, Josephine A. u of both places. The Home Place a le River Place at ?294.30, making a 8 ices. Titles were not executed on a 1877, and Dec. 24, 1877, both incluintered into between the plaintiff r V. Martin, by which the latter's bid f to the former; and on the 24th Deecuted and delivered to John E. a ?es; received from him one-half of his bond and mortgage due twelve j>aid portion. On January 28,1878, ? mt is termed "a contract for a conBrief, Folio 14. There was no new s them for this agreement. c nt, by which the bid was transfer- ^ , is the principal matter in dispute, 8 hich, the rights of the parties de- * 1< ni|n?;n? fitla anrl rlo. - vi;ry unci, auugin^ umv ?.? iliver Place. The defendant in her fi bid, and the execution of titles to the instance of Mrs. Martin, were v ayment of the purchase money ad- v plaintiff agreed to take the Home p d to execute titles to the defendant i consideration being the surrender F it. e difference between the amount ad- c srest, and the amount received by y ice. 11 by sale of the Home Place to Holing the matters set forth in the de- 1 that he became a bona fide purchas- I and that the paper executed 28th act for a conditional sale," defines A. Martin has in the premises, and * +v>? +orrrw nf thflt ftffff?Girient I y Willi uiv i-viv. 0 ? y surrendered the premises to him. u for the defendants, and from his 11 f< I Authorities. 0 his ease. The former decisiou will t! . Reports. In the opinion therein f< nces the following proposition : ibsolute on its face, was at the time p ed as a security for a debt, it will Ii and it cannot be converted by any tl it, into an absolute conveyance, un- t; ;nt is based upon a sufficient con- tv lave been fairly made, without un- f< r; and the burden of showing this E other words, it must amount to a e tion fairly made." ji then, at the time of the transfer of tin to John PI Brownlee, and the E by the Executor, is the point of vi- a ends that it was an absolute trans- v it's rights as a purchaser. The de- r lot, but, on the other hand, was in- p vance of the purchase money, then a it's benefit. The agreement of Jan- g ?nal sale," cannot be resorted to for d lintiff in showing that an absolute h ture of the original agreement can- e: inetmitMOnf linlpSA ft 11GW t!OnSld- O :1 the parties. There is none in the js not a particle of evidence to sus- d tion for the plaintiff. The Circuit r< new consideration, and his finding litional sale," so called, is absolute- si ii showing1 the original nature of the bid. The object of that trans- n ute or as a security. It could not tl tional sale, for both parties affirm n v certain issues to a jury, and they p the plaintiff's own use and benefit; n )lute. The decree of the Presiding I 1 decides that the transfer was not r< a security to the plaintiff, for the p "endant. h )f will disclose a direct conflict of b riving squarely the issue of veraci- b the respective sides, and before we h merits of the case, we submit that inflict of testimony, this Court will m e Circuit Judge. " a 1 lU,. 4-^ ..Anoi.lai. oil Wt1 IlilVl' lilt? 1 1?IIL IV/ tuuoivivi ail ? *e done. There is conflict in the t( the judgment of the Circuit Judge w ti R. 481. t( upon almost every other point in- " the evidence was conflicting, and lave held in Maner vs. Wilson, the b cuit Judge, even though adverse to o mst be regarded as prima facie the h It. 299. a ing, filed July 19, 1887, the Circuit ti the Master upon questions of fact, therefrom the Supreme Court say: I; nake questions of fact, and its this t< sry lately, in the case of Pope vs. lc le appellant to show that the led by the Circuit Judge are either ti ipport them, or manifestly against n * * * The utmost that can be in the testimony, ana in sucn case e feres." ci T tl . $ nd the execution of title, was intend- e not as an absolute transfer. Martin, was the neice of Joel J. t y legatee under his will. He was a tl always lived with him, and was a le had been her home, anil all the n sentiments of more mature woman- ti not be over-estimated in intensity, tl ;rve to save the Home Place. She tl r at a sale, with no feeling but that n state was in course of settlement, e< ?, the enjoyment of her portion was ti } debts and legacies had been paid, li -as rich in great expectations, and S 1. E for the possession of the TTome tl 'lace, with an expectancy from her mount, was she in a position to rei ivery hope of possessing the To sustain plaintiff's view this nius ransfer of the title is what he claii: lands"?and at another place, "not urity." To enable Mrs. Martin to comply rom Greenville, her brother-in-lav rone to her house Saturday afternoo >ose of examining the property an ie stayed there until Monday mo ?ourt House with them, prepared w 'ance upon the purchase money, an< ecure himself. The property was 1 it $1,009, for both places, and imm m insurance agent, and takes out louse, on the Home Place, in Mrs. M >ayable to him, as his interest rnig ivents, up to this point, is absolutely nation, consultation and purchase, he money, with which to comply v Yhat unforeseen event breaks the ] ;otiations? Mrs. Martin, John Ms hat at this point, Brownlee positi noney and take Mr. Gower's place. V?rv lm coiri ha wniilH iic; piaiutuif fluu nw ouivt *?v T. ? ermsas I had proposed?on a mortg iff say ? He says Mrs. Martin asked I ler I didn't have the money to lent ras said, and I left them." A few r x. Clinkscales offered Mrs. Martin i ipon her bid for the River Place, nd this would have been a profit of ;ive her a little time, and in about t nd declined the offer. The executor states in his testing angement between Mr. Brownlee i he cash payment, wh ich he was to te had received instructions toprepa , mortgage from Mrs. Martin to Bro John Martin says at folio 33, that "othrnn, and instructed him to prepf tie to suppose, that Mr. Gower she ireenville for the express purpose o hould have continued his intention onsummation, that Mrs. Martin sh ifty cents an acre profit upon the Ri inctrnpfinn? tr IIWmil 1HIVC 1 CV.C1 V VV.I 1U.JV4 MW?V.../ ??. o an advance by Brownlee, and all i ee on that day. "J told her I didn' -that was about all that was said, ai Mr. Gower says, and very natural or the specific purpose of aiding Mr: o leave until the matter was arran ras their neighbor, he yielded to hii rould complete the arrangement pre If, as plaintiff contends, an absolul d, is it not a little strange, and out i hat Mrs. Martin did not accept Clin rofit ? She was not anxious for the d to buy it, and if her arrangemei ompleted, how easy it would have 1 /linkscales, and used the profits of tl ng the cash payment upon the Hon The Home Place sold for "he cash payment was one half. )educt profit from Clinkscales This would have left only $491.22 lake the cash payment, and this ( pon a mortgage of the Home Flace ing on it, which sold in 2 years after 3r $2,500. Mrs. Martin's deliberation for thin fter' and subsequently refusal of it, hat he was still willing to help her,: )r Brownlee. The fact that Mrs. Martin quietly < roperty, is hardly consistent with 1 ite sale was intended. There is no he part of Brownlee, for possession. y, aid not come with any expectatic lose of the year that these transactioi >r another year are made, and yet 1 Jrownlee expected to occupy the pr< ntertained any other thought, than jst as a mortgagor would do, under Mrs. Martin had no motive for trai Irownlee. She was to gain nothing ction, and had everything to lose, ras afraid that the property a isk, in the light of the fact rofit of fifty cents an acre u] n absolute transfer, all hope of one, and naturally preparations er to strike tents, and go houseless s ope then to secure the home from state. Yet we see them quietly con ut a thought of being disturbed. So much for the circumstances and iately around the transactions of ] ectly the relations of the parties the Direct a reflcctor or two, from outs ituation. The testimony of Dr. Bell (folio 5 lan of the plaintiffs neighborhood, he motive of the plaintiff, and upon lent for a transfer of the bid. Dr. 1 iser to whom Brownlee had gone fc aper which the Martin's had submi i. r_: ? at-,, ar? ig great irieuusmp iui jus, .uaum, )r. Bell of his sympathy for her, am sal nature of the transaction is thus osed. Why dwell upon friendship, er, if this was to bean absolute trai een small consolation to Mrs. Marti een assured that Brown lee was will ands, at her bid. It was then that Dr. Bell, after Brr 'as going1 to lend the money to pay ] rlvised Brownlee, for that amount o -and the title was obtained. Dr. B( ?nded in lieu of the paper he held ras really not intended to be a sale < \o advice, action, fit more easily a istimonv than this? Upon the cro.s He did tell me he was going to lend It. 0. MeAdams says at folio 57. 4 e glad if we had lent him (Martin) i r Mr. Knox, had loaned him the n im the trouble." T. N. Knox says at folio 59. "I h< Irs. Martin some money, or would roubled about it to make the payme J. H. Latimer says at folio GO. Irownlee had advanced the money t 3 sell the land to get his money out < Massalon Bell says at folio G2. >aneri her the money to make the ti: All of these declarations to his frii itled to great consideration in showi ot on dress parade, what was the trt In his testimony the plaintiff state: nd of the first year, made a payn ash payment made by Brown lee wa ho l'nforesf nnon this sum for one v 56. Here is the evidence of the reh xisting between the parties. There must, of necessity, have be ween the parties, when that bid was hat at least Mrs. Martin did not regi Brownlee himself says at folio 27. ladejust before Dec. 24, 1877." Thi ion of the deed from the Executor t< lie 3rd. Upon being pressed by his his position and declares, that the a<! lade until the week after Christ nnditional sale so called, was execut ies to have some papers fixed up af on's mouth, shows that an absolute carcely had the ink dried upon the trowniee, when the Martins realizec rieir title were resting simple in p uncle's estate of an indefinite lounce forever and absolutely, i home of her youth? it be made clear. An absolute ns. "I took the bid off of her a word said about loan or sewith her bid, Mr. T. ('.Glower had come down. He had n, before Saleday, for the purid arranging terms with tier, rning, and came down to the ith $1,000 in his pocket to ad:1 take a mortgage from her to <nocked down to Mrs. Martin ediately Mr. Gower repairs to a policy upon the dwelling Lartm's name, tne loss, 11 any, ht appear. Tlie sequence of j perfect, to show, after exainthat his intention to lend her vith her bid, was unchanged, harmonious current of the netrtin and Mr. Gower, all say vely agreed to lend her the Mr. Gower says that "I saw lend the money on the same age." What does theplainlim to lend her money, "I told 1 her, that was about all that ninutes after the sale, Mr. J. i profit of fifty cents an acre There were 333 acres of it, $160.50. She asked him to hirty minutes she came back ony, that there was an arind Mrs. Martin concerning advance (Folio 09,) and that re a deed to Mrs. Martin, and wnlee. * T..,Ua i lie 1111(1 IjrOWer !sa\V ?j uuj^u ire the papers. It is unreasona)uld have come down from f aiding Mrs. Martin, that he up to the very act almost of ould have refused an offer of ver Place, that the executor ) preparo the papers looking upon the assurance'of Brownt nave the money to lend her id I left them." < ly, that he had come down 3. Martin, and did not want ged. But that as Brownlee n, upon the assurance that he ; >posed by him. ;e transfer of title was intendof the usual course of affairs, kscales's offer of $166.50 clear <' : River Place, had not expect- ' its for money had not been '< been to have closed in with ' fiat transaction towards makle Place. i ? 1315.45 .657.73 : 166.50 ( $ 491.22 i for defendant to raise, to :ould easily have been done i , 327 acres, with good dwel for $2,000 and subsequently | ty minutes upon Clinkscales i confirms Gower's statement f and would have done so, but continued in possession of the :he proposition that an abso- I evidence of any demand, on ] He did not want the proper- 1 >n of buying. It was the at 1 is occurred, when all contracts 1 :here is nothing to show that ! iraises, or that Mrs. Martin 1 to remain upon the premises, 1 similar circumstances. < isferring the bid absolutely to I in the world by such a trans- < It is absurd to say that she 1 vould be re-sold at her < she had been otferred a < aon the River Place. By ] obtaining the property was ' hrjvp llPPm in Or- I HV/U1U ?au* w md homeless elsewhere. No j the expectancy in her uncle's tinuing in possession, with- ] I events, which cluster imme- i December, 1S77, touching dimselves. i ide, upon the intricacies of the 1 1 1) a very intelligent gentle- , throws a flood of light upon t the real nature of the agree- j Sell was the confidential ad- ? ?r information, concerning a tted to him. After express- f and her family, he assures [1 his desire to help her. The naturally and innocently exsympathy and desire to help j isfer of title ? It would have c n, in her extremity, to have t ing to take the land off of her nvnlee had told mm mat n? for the purchrse of the land, f money, to obtain the title >11 says that the title was in- ( for the money loaned, and >f the land. How could mond naturally in the arch of is examination, Dr. Bell says. I her the money." 'Brownleesaid that he would the money. * * That if I, loncy, it would have saved ;ard him say he had loaned t have to do it, and he was :nt." "My impression was that o Mrs. Martin, and wanted if it." "He told me . . that he r.-st payment $800." enus ana neignum?, <m- u.ng, when his thoughts were je intention of the plaintiff. s,vthat Mrs. Martin, at the lent of $o6 as interest. The a one half of $1609, $804, and t ear, at 7 per cent, would be t ition of debtor and creditor, en some understanding bei transferred, going to show \rd the transfer as absolute. "The agreement to' redeem l s was the date of the execu- s 3 Brownlee, though dated on n counsel, however he shifts freement to redeem was not mas. Even then before the 1] ;ed. The anxiety of the par- (I 'ter their heads were in the v transfer was not intended, n * deed of the Executor to I that all of the evidences of arol, and that unless some ! ' / writing were signed, their chancc stead of a fish he gave them a ser] ance doubly sure, the astute couns his task in cutting oft' the deft makes them declare, "that this pa] tract for a conditional sale." Thei chance of their backing out?"win screws of the Jaw are tightened, $2,000, $400 more than the price 1: the Martins are shoved off of that other, the River Place. Soon th again, and suit is brought for the In his eagerness to seize the frui lets fall the statements, which from any further participation i Latimer and Mr. Bell, that w He stated to Mr. It. A. If addon, o tract executed Jan. 28, 1878, in rep his, that he, Brownlee, would own not want the land, but he wanted 1 enough to see the direction tiling disabused his mind of this impres land he was after, but a return of J but was not a bidder?did not wa Interest is all they want. Land is is an easy servant to watch. All ( ing appear in this transaction. was advanced by Brownlee. The Mrs. Martin in transferring absolu possession, which is not the case in did not pay rent, but on the contn to her testimoney, paid for the vei the Executor to prepare. The rec< at all inconsistent with the statemi Brownlee $15 for them. It rather For all that appears to the contrc ducecl by plaintiff on the trial, hi ince the payment, and Mrs. Marti ty of knowing what amount plair her statement be true, that Brown place to pay for papers, I then ga^ papers." This was when Brownie to get her to sign the agreement of bably that she would have paid foi absolutely to him. And the fact ceipt, simply shows that he paid P( not that Mrs. Martin did not re-en] II. That on Dec. 3, 1879, there was between the parties, by which the pi Place for the debt. When the period was approach ir ligation for payment or the 5>J ,t)Ub plaintiff was extremely anxious fc dating with Latimer for the sale < land, subsequently. By selling to repaid all that he had advanced, a addition. To consummate the tri iary that he be in a condition to ti and this was the object of his visi cember, 1879. The plaintiff admits that he did the River Place, if she would gn Place, provided his wife would i about as flimsy a subterfuge as coi vantage to him would be greater i lower, and why make thisacond willing to accept an encumbered i under the contract, it surely could It is undoubtedly the fact that i agreement of his, either with or w Mrs. Brownlee in her testiinon; [Mrs. Martin) I didn't think he i *ive it away." This is the keyno lecounts for the fact that the calc set. There really was no conditio Brownlee, as the testimony of J Mrs. Cunningham abundantly esta That the conference between Br< terminated in this agreement, was lished by the testimony of Holla lingham. There can be no doubl tin was not on the place when thai 1 1 1 -.?A the mules were raKen unuer mun Mrs. Cunningham testifies, that t taken, Brownlee and Holland cam their troubles were coming in batt such an event, as the advent of the ten, and the action of the defendan liately to see about the mules, is < the eseizure is stablished by the o )n the mortgage, while the plaintifi ?d simply by his statement?ai Brownlee. Referring to this con 'Mrs. Martin said that Mr. Martin *age on some mules that had been present." This portion of the Judge's decr< aroper exceptions. The appellant 'Because his Honor erred in reve ssues 4 and 5?they being legal am The only legal issue in the case, in plaintiff or not, and the Presidii :he plaintiff. The defences inter] linl/I +/% Ho onnihihlp in t ,1 I IV^ I 1 tV Iium IV MV V?jV4iw??v.vj --Moreover they were such question: able, as may be ordered out of C urv. Having based his objection Judge upon this untenable ground We ask attention to the followii luthorities cited to support them : A. The fact that the amount to be i reconveyance, was the precise ai (ration of the deed, is an evidence ended. Farmer vs. Grose, 42 Cal., 17 Trucks vs. Lindsay, 18 Iowa, B. That retention of possession by I leed, is a strong circumstance shov Rhives vs. Baird, 41 Pa., ? Todd vs. Campbell, 32 Pa., 2; Crews vs. Threadgill, 35 Ala. Parish vs. Gates, 21) Ala., 202 1 Jones 3Iortg., \ 2G7, 274. Lock vs. Palmer, 2(J Ala., 31J C. The payment of interest, is also ; hat the transaction was really a loj 1 Jones Mortg., \ 32o, 273. Todd vs. Campbell, 32 Pa., 2. ]). rni._x 11~ 1 ? mil it CUliaieilU pt-inwjim went hi I to distinguish the tiansaet Cotterell vs. Long, 20 Ohio, -1 Itice vs. Itiee, 4 Tick., Russell vs. Southard, 12 How E. That in order to constitute a n he conveyance should be made by he equity of redemption will exisl C'arr vs. Carr, 52 X. Y., 208. 1 Jones Mortg., 'i 331, 3:34, 17 F. That if the defendant's object wu noney, unless a change be shown umeu, inai any use sue may nave lection with it, was merely as a pic Gibbs vs. Penny, 48 Tex., .">(>0 : Penny applied to Gibbs for a 1< end the money, but told Penny, t leed to a certain piece of land, be v which was done; Gibbs promised i noney was refunded with interest. 1 Jones Mortg., g 20(5: " When an absolute conveyance i 1 ii loan, and an agreement is mad( , , : .i - f* ?s would he slim indeed. Inpent?and a.s if to make assurellor, realizing the difficulty of mdunt's Equity of redemption, ; per is not a mortgage, but a conn thinks the plainti ff there is no i + 't; ivvSt ic ivrif " niwl thp t.hlimh , The Home Place is sold for targained for both places?and ; limb and made to fly to an,e thumb screws are tightened River Place. ts of his trade, he unwittingly will conclude him forever, u the property. He tells Mr. hat he wanted was his money. ne of the witnesses to the conily to an expressed suspicion of i the land some day, that he did lis money. Haddon was shrewd js were taking, but Brownlee sion by stating that it was not i [lis money. He was at the sale, I nt the land. Few lenders do. > troublesome, but the per cent >f the characteristics of Dorrowrhe precise amount of the bid re was no advantage gained by tely. Mi's. Martin remained in ..knnln^/v Vf?o TVfarf?n UUSU1ULC lUllldiCiO. iuxoi xjicu viu iry paid interest, and according y paper that Brownlee had haa 3ipt exhibited at folio 32, is not , ent of defendant that she paid proves her statement to be true. iry, that receipt, which was proas been in his possession ever n lias never had an opportuniitift' had paid for papers, unless i lee told her, "I think it is your tre him $15, to pay for the >e went by Mrs. Martin's house Jan. 28th. It was harcfly pror papears transferring the title that Brownlee holds the reirrin & Cothran for the papers, iburse hin). a valid and binding settlement, 1 ainliff agreed to take the Home iop. at whioli the defendant's ob .75 with interest, matured, the >r a settlement. He was negoof the place, and also with Hoi- ' . Holland for $2,000, he would be nd a very snug little profit in ade with Holland, it was necesransfer possession immediately, t to the Martins on the 3d Deagree to let Mrs. Martin have ;a up possession of the Home enounce her dower. This is ild well be imagined. The ad[f his wife did not renounce her ition? If the defendants were title, and abandon their rights not affect his course of action. :he defendants acted upon this ithout the condition. Y, says at folio 77, "I told her ,vas able to pay for a place, and - I te to the whole transaction, and illations of the parties were upn attached to this promise of ohu Knox, Massalon Bell and blishes. Dwnlee and Mrs. Martin, which made on December 3d is estabnrl Afr* "Martin nrul Mrs. fllin ; of two things, that John Mart transaction occurred, and that gage on the 3d December, 1879. he same day the mules were e to see about the land. As if alions. It is not probable that i Sheriff, would be soon forgotit John Martin in going immecertainly natural. The date of riginal entr yof the Sheriff, up"s trip to Anderson is established that of Holland and Mrs. ference Holland says, (folio 95) i had gone to attend to a mortlevied on. Certain he was not je is not before this Court upon files exception 6, as follows: rsing the finding of the jury in i not equitable issues." j was whether the legal title was I og Judge found that in favor of ] nr?co/-l lw rlnfonrlflntq u'PrP His- ! lie former opinion in tiiis case. 5 of fact, whether legal or equihancery, upon an issue to the to the finding of the Presiding alone, he is concluded thereby, ng propositions of law, and the paid by Mrs. Martin, in case of nount, expressed as the considthat a loan of money was in3. , 500. ir? ir?? A:J urs. luax iiii, aiu-i ?.\auuuu u~ . ring u loan. ! 54. I , :J34. ? i strong circumstance showing ill. 34. ition by the mortgagor, is not ion a.s a loan. 72. LT. S. [1521. lortgage, it is not essential that the debtor, or by him in whom i) is in the beginning to borrow i in her intentions, it is pre. niade of her real estate, in con. idgo to secure a loan. aan of ?200. (iibbs refused to hat if he gave him an absolute rotild let liini have the money, to reeonvey in three months, if 1 Inlfl (1 innvfn'.uvA ?? made upon an application for to roconvoy upon payment of I I