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p 1 /[ ' -li-i-ft.? 1 The Press and Banner. BY HUGH WILSON. Wednesday, Dec. 23, 1891. uoisr 10 tirimuii. Mr. J. F. C. I>uPre, who has bet*n a conRpiclous tigure amoug- t us tor a quarter oi a century, went to Clemson College last week With hi* family. His presence will be missed by many, and I)is kindly acts will long be remembered by a bust of friends, who regret his departure from amongst us. In the Faculty ol Clemson, none will ir..?re fully or more ably discharge their duties than will Mr. Duf're who has charge of the How nr. and fruit, ana vine departments. His line tasteand his long cultivation of the art 01 growing garden and field products eniin-ully quality him for the olllce to which he lias bceu chosen. -? Promoted. Superintendent Dodson of the C. & G., has <nr??rhifonrt*mt. o f the line from Charlotte to Atlanta, the finest appointment of the whole (system. Good luck to you. Captain.' We expect to hold on to the new depot and side track which you have just bulit for us. Auction Sale of Christmas Goods. Messrs. H. W. Lawson & Co., are selling every day at auction the most choice Christinas goods. Attend aud get a good bargain. Welcome to Town. Mr. J. H. Latimer has moved to Magazine Hill, lu the house recently vacated by Mr. J. P. C. DuPre. Everybody here Is glad to welcome so good a man to the comtojunity. Nick of Pneumonia. Dr. P. E. Harrison is sick of a slight attack of pueumoni.i In one lung. He has been in bea for several days. Many friends wish him a speedy recovery. "We bave received a beautiful business card from Mr. W. D. Tusten, formerly of our town, but now of Mouroe, La. He is an extensive dealer In diamonds, watches, gold and sliver ware, jewelry, etc. The oil mill will shut down this morning for the Christmas holidays. Mr. Ferguson, the machinest, will go to Charleston to-day to be gone a week. W. M. Wheeler, the photographer, will be in Abbeville on Thursday the 31st of December for two days to finish up his numerous engagements for making pictures. The death of Hon. Giles J. Patterson, of Chester, has been noted by nearly every paper in the State, and many kind words have been spoken of the deceased. We call attention to the law card of Walter L. Miller, Esq. He Is a prompt and reliable collector and is a sale adviser in estate matters. There will be a Christmas Tree and dinner at Miss Onle Black's school on the 23th. The public are invited. Messrs. Alex Zachary a Son, the sellers of the best seeds lu the world, will be on our public square next Saleday. ~ Walter L. Miller, Esq.. was in Newberry last week, attending to professional busi ness. We make no stop for Christmas. The Press and Runner will anDear next Wednesday, as usual. Look out for the valuable historical paper about Long Cane. It may come next week. * Abbeville is still suffering with the grip. It may be said to be an epidemic. Births?At Abbeville, Dec. 18,1891, to Mrs. BK. Beacbam, a son. Go to Smith <fc Sods for the best Buckwheat flour and maple sugar. Contributed Locnl<*. Abbeville, S. C., Dec. 22,1S91. Fruit cakes, roasted turkeys, cranberry Bauce, are now the order of the day. To-morrow night Is the night of all the year. 0! how many little stocking will bang around the firesides in all this land. Let the children be liaopy. We wish them all a merry Christmas. 1 Christmas has come again, reader. You may not live to see another, then do all you 1 can to make others happy, and this will make you happy. Remember the poor. Rev. M. Dargan is still quite sick. We miss ' him, and hope he will soon be well again. Mrs. C. M. Wilsou left last Monday for c;n \rhprd she will SDend the re- ] JHllUUIlUfev, v?., " ? mainder of the winter with her eon Dr. H. D. Wilson. Mr. T. W. Coogler Is spending the Christmas holidays lu Abbeville. To has been absent four months, and his many friends are glad to see him again. - Mr. J. H. Latimer and family have moved to Abbeville, and make their home on the heights of "Secession Hill." We welcome them as citizens of Abbeville, and hope they may never regret the change they have made. Mr. Georpe W. Syfan. Sr., has been regularly retired from ralnoad service, and for his long aud Jplthful service Hie Company have presented him with a complimentary pay certificate oi S30e\ery month. We congratulate "Uncle George" aud hope he may have , many bright years before him, In which to enjoy a quiet and peaceful home life. Miss Janle and Miss Laura Stsiuntan, two of Mt.Carmel's prettiest youdg ladles, were Shopping in Abbeville hist Monday. Our college girls and boys will come home lospend the Christmas holidays. Mr. J. F. C. DuPre, one 01 Abbeville's most beloved and honored citizens, left last week for bis new home at Fort Hill. Mr. .DuFre has been a public man in Abbeville county for many years, holding many offices of trust, aud in all of them it can be said of him, he was faithful, and did his duty well, at all times looking to the best interests oi the peotle whom he was pleased to serve. His fum- ' - ....?"i" ?,i,0 ??.n_ liy remain in auuouic ?i>cuuiu6 days with relatives and friends. Our town , can 111 afford to loose such citizens, and while we regret their departure, our best wishes attend them. Our townsman Mr. W. T. Branch was honored at the lust communication ol the Grand j Lodge of A. F. Masons held in Charleston, by , bf-inz unanimously elected Grand Master. Messrs. Reckilng, of Columbia, and Wheeler, of (.ireenville, well known artists,^spent several days in our town Inst week. Each one did a (air business, but were obliged to leave, . wishiDg to spend the holidays at home. Mr. Jas. S. Fisher, our niuht policeman, has moved bis family to Abbeville, and occupied Airs. Coogler's cottage in Fort Pickens. The grip has had Mr. Wm. Riley down for the past week. You know it holds a "tight grip" when it downs even the Chief of Police. A merry Christmas to the editor, his correspondents, and evefy reader of the Press and Panner, M. The ladies can invariably get justwhatthey need at Haddon's. Children's hose at 5c. \Vm. E. Bol 1. Get onf of Mluter's champion ?2.50 rockers It beats them all. Boys can be suited in clothing, hats and shoes by P. Rosenberg & Co.. tf Another lot of candles, French and plain, just received ut A, M. 11111 a Sons. 2>>ew crop Sicw urieans mpiasscs ui si.. eu. llill ik Sons. 9 Justin from the knitting mills 50 dozen ladk-s vests, pants to match, at Haddou's. Don't fail to see the dress goods that I offer At 121*2 cents. These goods are worth 20and 25 cents. W. E. Bell. Before buying your winter shoes, harness, trunks and valises call and examine C. P. Hammond & Co's., large stock. Prince Albert salts are very Btylish for dress. Examine our line of them. You will be well pleased. P. Rosenberg <t Co. have an elegant line of Prince Al%ert Kjlts. Among them some very fine goods. P. Roe>et?berg <? Co. J. R. Alinter, .Jr., has just received a beautiful line of chromcs, oil paintings and oleographs. Call atjd seetbern. * Did you know Wm. E. Bell was selling , misses shoes at 69c, you can't buy them elsewhere for 81. You should see the fine colored OC inch henrlotta Wm. E. Bell is selling for Jl!c, you can't boy !bem elsewhere lor 25c. We have now a large corps of handsand are ?" l/ln<lu Af rortulrlTiv RhrtAH'. ptf^ttlCU lUUWttil ntuvtu v. *vr?.. . , trunks, harness, etc., and everything in the Jeatber Unfi. Call and see C. P. Hammond & Co. when vou noed shoes. (Lome njade and a tremendous stock of Northern work on hand. Now ready for home made work of any grade from ?1.50 to S10. Now department making shoesat C.F.Hammond & Go's. L have just received and opened up my line of Christmas goods. They are beautiful. Something new and novel. Don't fail to see them before buying. Speed's Drug Store. Drop a nickel In the slot and hear the phonograph talk at .Speed's Drug Store. Look at Wru. E. Bell's infant shoes for 41c you can't buy them elsewhere for 50c. Velocipedes, express wagons, and air guns are all nice Christmnst presentsior the boys. We can supply you. P. Rosenberg & Co, iUak? your boys happy. We can supply you with air guns, velocipedes and express. ?. .Rosenberg ?fc Co. When buying flour don't forget that it Is to your interest to buy from us. P. Rosenberg jt Co. P. Rosenberg m Co. have the bast Wiate flannels, and the cheapest overcoats. We have Just received a large stock of rubber goods, and it will pay you to see us during net weather. C. P. Hammond <& Co. ' buyers must be on guard A STORY OF HOW AN UNFORTUNATE LADY LOST THE MOST BEAUTIFUL HOME IN NINETY-SIX. Tli? Ki-i'orils of the Court House Should be Kxaminetf ItHore We Buy Ii!imi-HortK?j;e(t :* n <1 J mis'nieiiH Mtiy Hold ? Prior I,ion. The Suite of South Caroliua, in the Supreme i Court, November icrrn, 1S!>1. C. Aultman & Co., Piaiutlffs, Respondent vs. ! | .Muttic Utsey, Defendant, Appellant. Opinion?Mclver, A. J. i Ou the first day of February, 1SS4, one F. M. I Pope, being indebted at the time to plaintltls < and others to a large amount, executed a mortgage on a house and lot, 111 the town of Ninety-Six, to one G. W. Connor, to secure the sum of ten thousand five hundred dollars, which Conner, in bis testimony, says was in- ] tended to secure future advances as well as < the amount theu really due. Tbe amount i really due on this mortgage ?$5015?Connor I says was paid to htm sometime In the winter i of 1884, though the mortgage was not cancelled. and still remains of record open and np- i parentlv unsatisfied. This payment was made 1 by the sale to Conuor of property other than i that embraced in the mortgage. On the 7th I of December, 1SJC, the house and lot above 1 mentioned, which is the subject of this con-i' troversy, was conveyed by Pope to Connor by 1\ rt /lonil Jn U'hl/?h Hio nnnfil/lorntlnn rpolfpd It was the sum ol $5000, which deed seems to I huve been duly recorded though the dale of 1 such record is Dot given. Sometime in 1837, probably towards the latter part of that year, t L. M. .Moore, the brotlier-in-law of W. B. Ut- g sey, who tlu-n resided in Ninety-Six, learniug j Unit Mrs. lTt>ey, the defendunt herein, who \ then lived in Colleton county, desired to buy c the house and lot in question, with a view to c a return to Ninety-Six where she hud former- t ly resided, and being requested to see Pope, 1 who was then supposed to be tbe owner of the i property, and ascertain at what price the pro- a perty could be bought undertook the uegotia- k tiou for the purchase. g Accordingly Moore wrote to Pope, who had n then recently removed to Greenville, asking the price of theDroperty. Pope replied by the t next mall, saying that the property belonged b to Connor, and referring Moore to him. b Thereupon Moore opened negotiations with i Connor, which resulted In an agreement to t sell for the sum of S3,250. W. B. Utsey, the s husband of the defendant, being "Informed of c this result and being advised to go up on the t; following Thursday, which seems to nave a been the 26th of October 1887, did so and there v met Pope Instead of Connor, who produced e the papers showing the chain of title, amongst which were the deed from Pope to Connor a above mentioned and a deed without warran- o ty from Connor to the wife ot Pope, bearing n date that day, In which the consideration re- A cited was the sum or five thousand dollars, e together with a deed bearing the same date t< signed by Mrs. Pope, to the defendant In w w hich the consideration recited was the price l< agreed upon, S3.250, and upon the delivery of h these deeds to \V. B. Utsey, he acting as the g agent of his wife, settled with Pope by paying in cash ?2,000. of the price and' the ballance in ri an accepted draft at sixty days. a After the trade was thus consummated Ut- p sey delivered the papers to his attorney for.an n examination of the title who pronounced it t: good. In the meantime, however, to wit: On a the 2oth of February, 1887, the plaintiffs haa tl recovored a judgment on their claim against C said Pope, and under the execution Issued to ol enforce that Judgment, the said house and lot was levied on by the Sheriff and on the 2nd e: of Se?f ember. 1889. the same were sold and n: bid on' by the plaintiffs, who having complied w with the terms of the sale, received titles hi from the Sheriff. tr Very soon thereafter this action was com- la menced in which plaintiff'*, under the allega- oj lions that the deed from Pope to Connor was In without consideration, and made with intent hi to hinder, delay and defraud the creditors of 01 Pone, and that the mortgage, if anything was pi ever due thereon, bad been paid and satisfied; tt and that tb? deed from Connor to Airs. Pope m was also without consideration and made ai with like intent, demand judgment that the said deeds be declared fraudulent and void, bt and that the same, together with the mort- tt gage, be cancelled and also for the possession w of the premises. ot The defendant, in her answer, denies all the w material allegations in the Complaint, and be sets up, in an iuformal manner, the defense dc that she Is a purchaser for valuable consideration without nottce. pi The case was heard by his Honor Judge tii Izlar upon the pleadings, the testimony tak- dt en by the Master and the argument of conn- F. sel, who having found as matter of fact that to the deeds from Pope to Connor and Jfrom Con- en oor to Mrs. Pope were not only without con- cii sideratlon but made with intent to hinder, ra ielay and defraud the ci editors of Pope, ad- M ludged them fraudulent and void: and hav- an Ing found that the mortgage bad in fact been ati smi.Mifu uirencu luut iuo miiuu ue t>u ueuuiuu uu jn the record by the Clerk, he held that the ve ;>nly real question in the case was whether qu the defendant had such notice us would Ue- of lent her plea as purchaser for valuable coni-i- ] leration without notice, and upon that he th found that while she did not personally have wl such notice, yet she did have constructive no- pr lice, through her agents, sufficient to put wl them upon the Inquiry, which if followed up in; properly would have led to the discovery of qu ,he deteat in the title which she purchased, he n?d bo therefore overruled that plea, anil reu- su iered judgment lhat ihe deeds be delivered sh jp cancelled ana tue roorlgase be marked Su latisfied. and directed that the issue of tiLie lai inurigntoi possession ue reie.reu t.o a jury mi 'or trial. I From this judgment defendant appeals ho apou the several grounds* set out In the re- ho :oid, which raise, substantially, the single rei juestlon whether there was orrot-In holding wi Lliat defendant hud such notice as would de- ? feat her piea of purchaser lor valuable con- cai ilderation without notice. Ar The plaintiffs also, in accordance with the po proper practice, give notice that they propose thi to sustain the Judgment below on other 333 jrounds thin those stated in the decree, 1 which are likewise set out lu the reoord. But bu is we are satisfied that the judgment must ful bu sustained upon the grounds upon which it ad< is based by the Circuit Judge, it will not be ) ( necessary for us to consider any of those ad; shi [litional grounds, some of which present im- kn portant and very interesting questions upon lot which we would prefer to have the aid of the ) Circuit Judge's views, as well as further ar- to gument of counsel, before undertaking to de- be< clde them, especially as it Is not necessary to sal the decision of this case, to do so now. gri We will, therefore, confine our attention to cla the question raised by counsel for the appel- to lant, which is really more a que--tien of taet pe than of law, and therefore, under the well evi settled rule, the conclusion reached by the do Court below should not be disturbed here, wt unless it is either without any evidence to ste sustain it, or is manifestly against the weight ed of the evidence, of But it is urejed by appellant that inasmuch de< as the appeal here does not Impute error in Ju the finding of any particular tact, but that J such error lies in drawing an unwarranted be inference from undisputed facts, a question ha of law rather than ol fact is presented. ha If it could be shown that the law lays down he any particular rule or rules by which to de- of te/mlne what facts are or are not sufficient to at put a person upon inquiry, then there would ha be much force in the position. But, so far as be we are Informed, no specific rules have been mi laid down by which to determine whether wc the facts in a given case are or are not Buffl- at cieni 10 put a party upon inquiry. dli Indeed.we do not see bow It would be possi- i ble to formulate any speeitle rule of general ap applicability, as it Is manifest that each case foi must depend largely upon its particular clr- do cumstances. Tne most that can be done Is to foi lay down some general rules upon the sub- to ject: and that has been done by Mr. Justice 1 McGowau in Black vs. Chi Ids, 14 S. C. 812, nb probably as well as the nature ol the subject cii permits, In the quotation lrotn that case, an made by the Circuit Judge in his decree. be For while It Is undoubtedly true that "there th must appear to be, in the nature of the case, re such a connection betweea the facts dlsclos- mi ed and the further facts to be discovered, that ed the former could justly be viewed as furnish- of lng a clue to the latter," yet In everylnstance co it will always be a question what is the na- wc tnre of the case, and whether the facts dls- co closed can be regarded as furnishing a clue to mi the fact in question. j This view may be illustrated by a case de- lej pendiug upon circumstantial evidence. to While it is true that there are certain well co established general rules In regard to thejcou- bl sideration ol that kind of testimony, yet af- de ter all, it remains a question of fact whether. Hi in a given case, the particular facts proved re warrant the one or the other conclusion. j For example, in lhe trial of a criminal ex case where circumstantial evidence is relied pr upon toshow the guilt of the accused, and er where no error is Imnuted to the Judge In wi laying down the general rules to be observed yc In considering that kind of testimony, It Is w always a question of fact, exclusively lor the er Jury, whether the circumstances relied upon rl| and established are sufficient to produce In ti the minds of the jury a conviction of the cu guilt of the accused. tr So in tliis case where it does not appear that the Circuit Judge has violated or disregarded m au> of the general rules iu respect to the sub- iu ject under consideration has expressly recog- af nizedand followed tliem, aud the only error as assigned iy iu applying tliem to the ficts o( tt< the case, i). seems to us that a question of fact qt only Is presonied. TI1I3 view seems to have it been adopted in Richardson vs. Chapnel, l> N. in C. at page 157, where it Is ?aid : ''On the cjuefr re tion of notice the conclusions ol the Circuit it Judue appear to conform to Ihe evidence. e\ There.was certainly evidence in the case from if which a conclusion of lact could be drawn as to whether SImklris bad, at the time of pur- m chasiug, knowledge of the existence of plaintiff's claim. . . . The question of notice was properly before the Circuit Judge as a [ question of fact to be determined from the testimony before hi uj. '|'here U no overbear- C1 lug weight of evidence against thp oonolu- jc slons, such as would justify this Court in setting thein aside." g And again: ,'We are not required to say ti w.^at force these circumstances should have ai In the mlud of the Circuit Judge, for the duty \j MBKOtumiUMMBMMMBBWMWWWH I 11 I , lll_l_l of drawing: such inferences rested primarily on hiii), aud it is only where he acts in the face of and against the force of overbearing testimony that this Court can properly disturb his conclusions." It seems to us, therefore, thut the question of whether defendant had sucli notice us would defeat her plea of purchase for valuable consideration without notice, was a. question of fact aud that the conclusion readied by the Circuit Judge must, under the rule, be sustained unless it is either without any evidence to sustain It, or Is manifestly against the weight of the evidence, neither of which can be said in this case. But in deference to the earnest and abie efforts of counsel to relieve tills unfortunate lady from a misfortune which has befallen her through 110 fault on her part, as It is entirely cleur that there is not a ahadow ot reason for believing that she was guilty of any fraud herself, or connived at the fraud of othors, or even had any personal knowledge that there had been any lruud committed, we are disposed to consider more fully the question of fact, although it seems to us thut llie reasoning of the Circuit Judge in his de-1 jree, which wo trust will be incorporated in the report of the case. Is qito suflicient to t.ho nr?rrPi!f.nyR8 Of his conclusions. I Wlille, us we nave said, it is clear that the defendant had no personal knowledge or any fraud, or of any circumstances calculated to sxcite Inquiry, yet under the well nettled ioctrine that notice to the agent is notice to the principal, if her agents had notlcc she must bo anectcd thereby. The real question, therefore, is whether the igents of the defendant one or both of them, :iad notice of such facts and clroumstances as >vere calculated to excite inquiry, which if ollowed up with due diligence would have ed to the discovery of the Iraud, or, in other B-ords, were the facts and circumstances, of vhicli they unquestionably had notice ofsuch i character as would furnish a clue, which, If fallowed up with due diligence, would have ed to the discovery of the fraud. in the first place both of these agents ceralnly had constructive notice of the mort;age, which was spread upon the record, ap>arently unsatisfied, and one of them, Moore, vho had conducted the negotiations up to the lay wheu Ulsey appeared for the purpose of jousumtnatlng tbe trade, says be bad actual [nowledgeof the mortgage, Hud when he earned that Pope bad couveyed the property n question to Connor he assumed, without my Inquiry whatever, that such conveyance tad been made In satisfaction of tbe mort;age, which turns out not to have been tbe nets. Again when Moore learned that the propery had been conveyed to Connor sometime lefore he, at tbe same time, kuew that Pope lad retained possession, as long as he reaalned In Ninety-Six, up to a very short Ime before tbe sale to defendant, and this iteif was a circumstance well calculated to exile Inquiry, especially in view of the fact bat Moore still regarded Pope as tbe owner, s shown by his attempt to buy from him, as rell as by his own direct testimony to that fleet. Indeed the remark made by Moore to Pope fter the sale bud been consummated?that he ugbt to pay blm one hundred dollars for laklnsr the sale?would seem to indicate that loore still regarded Pope as tho real owner ven after he nad learned of the conveyance > Connor, and Pope's reply to that remark ras not calculated to remove that impression, jr be did not say that the property was not Is, but said "the trouble of it was he didn't et the money." but did not say who got It. Moore also knew that Pope was embariFsed at the time, to some extent at least, nd knew of the pendency of the action by laintlffts against Pope, in which the Judglent was recovered, under which the propery was subsequently sold. Then when TJtsey ppeared, as agent of defendant to consumate le trade which Moore had negotiated with onnor, be certainly had constructive notice f the mortgage. Common prudence required that he should samlne the records of the county where roperty which he proposed to purchase as located, and if he had done so he would ave discovered, not only that there was a lortgage upon it, to secure the payment of a irgesumof money, which was apparently pen and unsatisfied, but that Judgments to a .ree amount against the former owned, Pope, ad been entered very soon after?one of them ily a few days?Pope had conveyed the roperty to Connor; yet it does not appear tat be made any such examination, and i iade no inquiry, either as to mortgage or lytblngelse. ( Add to this the fact that though Utsey had l sen Informed only a day or two before that ie agreement for the sale bad been made ith one person?Connor?he is met by anher? Pope?proceeds to consnmate the trade 1th him, without any explanation whatever sing given or asked for, as to why this sudsn change In the vendor was made. uiu more man inis wuen rope presents uie iperssbowing the chain of title, Utsey sees 1: lat one of ihem 1b dead, dated that very t iy, from Connor to Mrs. Pope, the wife of p M. Pope, a person whom be knew, or ought have known from the records was heavily ubarrassed, in which the consideration re- b led was 85000, which deed contained no warnty whatever, and yet he takes a deed from S rs. Pope, In which the consideration stated, . id actually paid was 81750. less than the 11 oount which her deed from Connor showed at she had, on the same day paid for the ry same property, without maKlng any inilry whatever, or receiving any explanation these very singular circumstances. Sere was not only a very sudden change in e vendor, but here was a married woman, lose husband had been the owner ol the operty within less than a year before, and jo was then very much embarrassed, sellg that property which she held under a lt-t-lalin depii. from a npr>,on who then i Id a mortgage, Apparently unsatisfied, for a I J m very muob less than what the papeis'i owed she had that very day given tor it. I rely these circumstances were well caicu- 1 led to excite inquiry, and yet none was } ide. deed some of the cases go solar as to Id that one who purchases from another ldlngundera quit-claim deed cannot, by ison of that fact, claim to be a purchaser tbout notice. See 2 Pom. ?q. Jur., See. 753, where the ;es, both pro and con are cited In a note. J nong the cases cited In support of the prositlon are two from the Supreme Court, of < United states. Oliver vs. Piatt, 3 How., !, and May vs. LeClalre, 11 Wall., 217. ?.ie reason given is that such a purchaser > 8 no more than what his grantor can lawlly convey: to which wo think might be (led that the fact that the grantor is un wlll; to warrant the title, tends at least, to ow that there Is some defect In the title, own to, or apprehended by him, aud theree the purchaser Is put upon Inquiry. iVhlle we are not prepared, at present, to go the full extent to which the doctrine has en carried by some of the cases, yet we are zlsfied that the fact that the immediate intor of the purchaser holds under a qultilm deed, is a circumstance well calculnted excite inquiry, which if not pursued pro?1?? 111 fhA n.rv?lsw>. ~ f ery lact which sucli Inquiry, pursued with e diligence, would disclose ; and Certainly len, as in this case, there are other clreuminces of a very suspicious nature, connectwlth the Inct that the immediate grantor the purchaser held under a quit-claim ed, the conclusion reached by the Circuit dge may be sustained.' :t is urged, however, that if inquiry had en made the defect in the title would not ve been disclosed as Connor would not ve been likely to confess the fraud in which had participated. For, to use the language appellant's counsel: "Connor wasauxlous that time, to get out of the matter, as lie d been a party in the fraud a good while fore that time. We think it would be too Lich to a&k any one to believe that he >uld have revealed the whole matter Just a time when he was about to get out of the dlculty." Co say nothing of the fact that this would a ply in every case of fraud, it is impossible " r any one to say what Connor would 1) ?ve | ne If inquiry had been made of him bere the sale, and the Court Is not at liberty speculate about it. we do see, however, that the purchaser had itice, through her agents, of such facts and cumstances as demanded further iuquiry, d that none was made. If inquiry had en made, and no information Impugning o title had been obtained that would have lleved the purchaser, but having failed to d ike inquiry, as the circumstances demand, she cannot claim relief upon the ground a mere speculation that the persons who ^ uld have furnished tlie desired Information I )u!d have been unwilling lo do so. That uld only be tested by a trial and none was ado. Hut we are unable to see what difficulty, > jally speakiug, Connor was in, and wanted ? get out of, though morally considered, his nduct. may well be viewed as reprehensi- -i e, and we do not see how his quit-claim J ed to Mrs. Pope, for the purpose of enabig her to sell the property as her own, could lleve him from his moral delinquency. His debt secured by the mortgage hud been ( :tlngulshed by the conveyance of other % operty, and the fact that he held the propty in question under a fradulcnt deed, lor hich he had paid nothing, could not in>lve him in any legal difficulty, as all he ould have to do would be to surrender propty, which had cost him nothing, to its ihtful owner. But more than this the tesmony shows that ttie tlrst time Connor was ilied upon, he stated fully, and, no doubt, uthfully all the circumstances. It seems to us rtiat the fact that Utsev sub itted llie papers to an attorney for an cxaniation of the title, who pronounced it good, ler the sale hud been ituide, titles executed id the money paid, cannot ailed this ques?n. It was too late then to make the iuliry, which should have been made b?fore. seems to us, therefore, that there Is much i the testimony 10 sustain the conclusion ached by the < "ircui t J mine; and certainly cu?iiot be said that it Is either without any Mde'nce tosus|itiii it. or is against the tnanL-st weight of the evidence. The Judgment of this Court Is that the Judgent of the Circuit Cuurl be alllriued. I concur in the result. There was a complete lain of paper title. Deeds, purporting to be >r valuable consideration from Pope to Conor, and back again from Connor to Mrs. t ope. It Is, however, perfectly clear, that ' ivy were without consideration, faudulent I ad void. It is true tb'at of this fraud Mrs. ' tsey was entirely Innocent.' She bad no' -- mtI connection whatever with it, or indeed knowledge of it. But, after some hesitation, I cannot resist the conclusion that there was, on the part of those who negotiated the purchase for Airs. Utsey and paid her money, rtUuii a want of ordinary and proper care and I enquiry, sis to prevent her from having the benefit of the pU-a of purchaser for valuable consideration without notice. 8. AIcGOWAN, A. J. Filed Nov. 12lb, 1891. A true coppy. Attest : ALBERT M. BOOZTiB. Clerk of .Supreme Court. Sheriff's Sale. Cook's Carriage Company, Blount k Bell and uniteu suiies uarnage uo? against seal At Mcl I wai tie.?Executions. BY VIRTUE OF SUNDRY EXECUTIONS to me directed, iu the above stated cases, I will sell to the highest bidder, at Public Auction, within the legal hours of sale, at Abbeville C. II..S.O., on Monday and Tuesday the-1 and 5 days of January, A. D., 1892, the following described property, to wit: Two Elltptic .Spring Buggies, one Dexter Q,ueeu Buggy, Seven Sets of Wheels with Tire for same, Ten Sets of Axles, one lot of Hubs and lvima, niifjui, i-air 01 iicni auaiis, one ioi oi Sundries, Iron Fittings for Buggies and \V aggons, live thousand feet of Hard Lumber, more or less, Two second handed Buggies. Levied on and to be sold as the property ot Seal & Mellwain to satisfy the aforesaid Executions and costs. TERMS-Cash. W. D. MANN, Sheriff Abbeville County. Dec. 14, 1801. 3t. The State of South Carolina, COUNTY OF ABBEVILLE. .PROBATE COURT. In the matter of the Estate of E. B. Bell, deceased. Notice to Debtors and Creditors. ALL persons Indebted to said estate must settle without delay, and those holding claims against the estate must present them properly attested to THOS. L. MOORE, C. C. P., Administrator. Den. 12 185)1. Elgin, Waltham, Colum Of all qualities and sizes ruu ruu WMI.J ^awSSwz )uuu iiuiu, uuiu r ineu m&m&w SILVER CASES, Ino of cheaper watches In >otti Amerlcau and I inJust arrived ? A new hlpmeatof ^CffljgBfjy! OLID SILVER WARE a CHAMOIS, _ , ? MOROCCO, 18-size, No. 1. Ni and PLUSH CASES, ^L, Pat. 1 I C I *** titeroby0 r. b. hennema ' In F. F. Dunbar Ai Co's store. Greenwood, S. boots amd shoes man ufa ctm/red by james means & co. Boston ars uhexgelled. y "they are made in au .a' X) l "r L-L: ^ / AND WIDTHS. />'/&? JULL LINE OF ABOVE C Sold by W, Joel had! A.re Opening Novelties in To trouble to make your scIpcUoiir from onrstoc ear may be round. 0"r prices are uniformly L VEail Orders Receive DRESSES CUT AND FIT Jive us a call. We g JH?. hsmc. M. Sold by W. Joel ii/- ' 4* a *'gg'??tf/vV!?*>$>- } ' ."> Vr.? i ./ v* -. "-> *' V ' ? i&s* jS*&i-.?.'Ja4SK^ ? ;. 'Jn&i'jSCkjt.:. J-A - . .. .. r,.- % .. . : " \rl} -v? " ' ' ? ' . ' . MNttH8toCDflHBIfiBWBMIfcn3(flttH9B&fc&ZXn?MB9B?33tGdK3SI Master's Sale. The State of South Carolina, COUNTY OF ABBEVILLE. COURT OK COMMON PI,EAS. Mnry S. Alewlne ct. al., UgUIQSl Mary Lela Alewinefct. al. VIRTUE OF AN ORDER OF SALE made In the above stated case, I will offer for salo at public outcry at Abbeville C. H-, a. C., on SALE DAY IN JANUARY, 1892, within the legal hours of sale, the followiug described property, situate in said State and County, to wit: All that tract or parcel of land,containtalnlng One Hundred and Twenty-Four (124) Acres, more or less, bounded by lands ol J. R. McWhorter, J.T.McLain, J. A. Robinson, Margaret Clinkscales, J. N. Young, J. O. McLain, R. H. Armstrontr, and others, to be resold at the risk of the former purchaser. TERMS OF SALE?One-half cash, balance on a credit of twelve months, with Interest from day of sale, secured by bond of the purchaser and mortgage ol the premises, with leave to pay all cash. Purchaser to pay for papers. J. C. KLUGH, Master. Dec. 1G, 1891,3t STKAYJSD OR STOLEN. FROM my stable in Cokesbury township, above Mulberry church, on Tuesday night, December8,1891, a black mare mule, about six years old. valued at S12510 8140. A suitable reward will be pt;id for any Information leading to her recovery. ELI STAKE. Jones P. O., Abbeville county, Dec. 11, 1891. Don't forget C. P. Hammond & Co., when you need shoes. I ISmit^Sons. bus & Howard Watches A180 Quadruple Tripple Platted ware and a full Hoc of Ro^ra & Bros., KNIVES, FQRKS and * can 8avc y?u money od any 01 above goods ^ nD^ can ?how you u tine Fine Watch Work 'MSmw Jewelry Hepaiiig V;'&&0r A specialty. All work warranted 12 months. I ?T . p. EN GRAVING ' cw Series. Cnron. of all styies executed 1 Reg. Gilt, atshort notice. BY MAIL. 0Ff/ uj p>/ -tV # \ I / J I S 100DS F0R SALE BY Smith &Sons. )ON'S Every Week DRESS GOODS, DRESS TRIMMINGS. DRESS GOODS, DRESS TRIMMINGS. ii?i.vw r:nnn? iiiiw^ trimMivrjs :k. Almost every artlele pertaining to lmlles OVV considering tlie class of goods we carry. Prompt .Attention. 1 OR MALE TO ORDER. guarantee satisfaction. addon. Smith & Sons,3 '.rli-W?'-; . * ? V 'MViJ ALLIANC1 THE ALLIANCE STORE is and we ask the kind favors of all A A? T uur aim is uy uu-ujieia to reduce the cost of supp liowe*t Pohm And this can b6 done only by a If so we confidently look for same, as I WE GIVE YOU THE BENEFIT OF LOWEST PRICES IN SELLING. The price at which we are no nnv riatr an thnf of thcoa nrinoo voa short time, and when so charged wi interest and risk. We aim to she Benefit of Buying Will not quote prices on goodi has been put in all lines of goods e ble notch. Come and see for yc money. R. W. C Nov. 18,1801. CHAL f'tSiilW For 30 Days We will sell at cost: Four fine 8ideboards. Two Combination Secretaries and Book Cases. Two Book Cases. One Fine Corner Silver Case. Half dozen Fine French Parlor Glasses. Half dozen Marble Top Tables. One Parlor Suit in Plush. The above goods are all best quality in Walnut and Oak, and are sold to make room for the largest and best SELECTED STOCK ever seen in Abbeville. They will be SOLD STRICTLY AT COST FOR CASH. AT CHALMERS' MM STORE. *ov. 18,1831. Watches, Jewelry BARGAINS FOI X T la Gold w w" ver an<^ M AX gold. M ?'oc' kipja. olush DIAMOND R1JN us. Spectacle ainbow Pebbles rhe largest and most beantlful stock of the at 111 pay you to call and look at my goods before down at bottom prices to suit the times. E ed. Repairing of watches, clocks and jewelr. lens. All work warranted 12 months. In J. C. NICKEL'S store. . < New. Yo Hosiery, Underwear Handkerchiefs, Silk Hai ' suspenders, Uversr Neckwear, Scari \T E. A. T1 AT NEW Y Nov. 18,1891. jong Leaf Yellow And SASH, DO 01 I" BEPBESENT one of the Largest Li make a specialty of flued drved Flo eiling beaded and reeded. I ship all ou >11't get wet 011 the road. I also represer id Blind Factories in the South. I kee id blinds to match, and og panel doors ly they are received. For large sizes 0 ry. Write me for Prices. 3. K. BEACI Oct. 28, 1891, tf - , ' .1. Jr ' ; * N _ & " " ; '' '' i '. ' i ilii ii .iwMiTlliltlwaMWM? . ===== -. :m r J . v? lia.'/yf i/**'**' \ now open and ready for business, . ' Llliaucemen and the public at large. v l tion in Buyinr & Selling | lie9to the consumer to the ' iM il>le irgely increased volume of business, in that way and that way alone, can v AND GET THE BENEFIT OF ' "M LOWEST PRICES IN BUYING. w offering goods does not admit o& cannot charge any goods, even for a 11 Via of- a ditfflnianf ailvan/io f/i (invar * ..'iS WV Mb H OUA&AVSAW&J V UU ? MUW W W f V* . -g >w you the ? Goods for Cash.|?l 3, but only have to say the KNIFE ' Jl tnd prices CUT to the lowest possi- d| urself, and we promise to save you ^ IANNON, Manager. | MERB' ? HtfJit New Furniture fbr t;l?| this Week. - -M 120 New Hard Wood Beds. 15 New Chamber Suits in Landscape ^>1 and Chevel styles. 3 ChefFouiers. 12 Fancy Tables. 12 New Bureaus. 4 New Sideboards. 4 dozen Dining Chairs. 4 ' 350 Chairs, all kinds, at prices from 40 cents to $2 each. nuu jyianresses, wool aiaitreaswj, v<\ Shuck and Straw, with cotton top. The above goods will be sold at the v ^ Lowest Cash Prices. Our stock is the LARGEST II TIE COUNTRY, CHALMERS' Fnrnitnre STORK and Silverware! I EVERYBODY. a'u iiucj ?ons and J Sj^^^fcNthe finest made 0 ' ,;JJ >ove goods ever brought to Greenwood. It '.V; purchasing elsewhere as they are all mark- \ very article warranted?satisfaction guarany executed in a skillful manner at lowest J. T. Duekett, JEWELER. GREENWOOD, S. C. rk Cost. I , Mufflers, ldkerchiefs, Corsets, lirts, Towels, Fs, Gloves, &c. SIMPLETON'S ORK COST. t * V' -*# i^?? ?^1???? ' Pine LUMBER ?S and BLINDS. * \'i imber Establishments in the South. loring and Ceiling, German siding. r dressed lumber in box cars and it it oue of the best equipped Saab, Door p in stock a large lot of plain rail sash from which I can fill orders the same 3 r full car loads I ship direct from Fac IAM, Agent, I Abbeville, S. 0. I