The herald and news. (Newberry S.C.) 1903-1937, December 06, 1910, Page FOUR, Image 4
FILES THlE C10)PLA!DT
IN TPE TILLMAN CASE
(Continued from page three).
sa:e of Whistler Etching,
on information and belief 500.00
To rent from plantation for
years 1904, 1905, 1906, 1907,
1908, at $1,000 per year, on
information and belief.. .. 5,000.00
To rent from plantation, 1909,
on information and belief 1,400.00
190S, to lumber, on informa
tion and belief ........ 360.00
$15,905.08
By Credit.
By amount paid on mortgage
executed by Geo. C. Dugas.$ 500.00
By one-half costs in partition
suit Pickens estate.. ....30.00
By one-half bill paid G. L.
Penn & Son.. .......-.-.- 87.001
By building five tenant hous
es on pilace.. ...-.-.-.-- 745.00
By straightening creek... . 300.001
Zy repairs on dwelling,
Edgewood........... 300.00
By cash from rents, 1909.. 500.00
By cash from rents, 1909 .. 20.00
By cash from rent, 1909.. .. 350.00
Total indebtedness .. . .... $15,905.08
'Yotal credits.. ....-.... 2,832.00
Balance due.. ..-....$13,073.08
State of South Carolina, County of
Edgeii,ld.
Personally appears Lucy Dugas
Tillman, who on oath says that she
has read the foregoing complaint and
that same Is true of her own knowl
odge except those matters stated on
information and belief and as to those
she believes them to be true.
Lucy Dugas Tillman.
Sworn to before me this 7th day of
November, 1910.
Edwin H. Wells,
Notary Publie for South Carolina.
Answer.
The defendant herein for answer to
the complaint of the above named
plaintiff shows unto the court and
alleges:
1. That all of the allegations of the
said complaints which P-P not herein
after specifically adm,Lad are denied.
2. That the allegation of paragraph
1 is admitted and so much of para
graph 4 as alleges a demand on this
defendant for payment and his re
fusal.
3. That the allegations of fact in
paragraphs 2 and 3 are incorrect and
psaintiT 's mis-ak-u :n hec al&est
tions of fact therein contained, and?
also so much of paragraph 4 as al
leges any amount due and owing by1
this defendant to said plaintiff.]
4. That defendant, further answer
ing the said complaint, and by way of)
defense thereto alleges: That hereto
fore, on the 29th day of December,,
1.903, this defendant and plaintiff were
married and thereafter continued to
live together as man and wife until
the - day of November, 1908, when
certain differences arose which
brought about a temporary separation
and they Ilived apart until during the!
month of January, 1909, when a re
conciliation was had and they again
lived together from February, 1909,
until November, 1909, when a separa
tion again occurred, which exists at
the present time. That during their l
married life they had born to them H
two children, both of whom are now
living with their mother, the plaintiff
herein.(
5. As a further defense of the whole
cause of action defendant alleges:
That immediately upon the marriage
of rAaintiff and defendant plaintiff
turned over to this defendant as her
husband, all her property and affairs
to be managed by him to the best of
his judgment and ability for their mu
tual benefit.
(B) That the plaintiff, his said wife,
was the owner of a certain tract of
land near town of Edgefield, which
11ad on account of inattention become
badly dilapidated and had very little
,renta& value and yielded annually to1
her only about $250 from all sources.
(C)~ That defendant at once under
took to improve anid build up the said
place and gave it considerable time
and attention with this in view and
expended thereon large sums of money
in building acd repairing houses,
fences and otherwise building up and
'improving the said place, so that as
-a result of his said 'labors, efforts and
-expenditures in this behalf the said
plantation now yields a revenue of
about four times as much as it did
originally.
6. That said improvements and ex
penditures were made from moneys
received from his said wife from time
to time and proceeds of the place and
from his own individual funds, and in
addition to these items of expenditure
the defendant paid insurance on the
buildings and taxes on the property~
and generally paid. all items and
amounts of every kind incurred in ref-:
erence to the said plantation and other
property of his said wife, and farmed
a portion of said lands himself, and
during each year paid out large sums
of money to laborers who were en
gaged therein during the said time.;
7. That plaintiff never required and
neior inten(ed that any account
should be kept by this defendant, her
said husband, of the money and funds
which came into his hands from her
property or the funds expended there
on by this defendant from that source
and from his own private funds and
no accurate account in detail was kept,
it being the intention and purpose of
both parties that the funds should be
used for the mutual benefit of defend
ant and plaintiff and their said chil
dren as a family and they were soi
used and expended. That sh- knew
that no acccunt was being kept and
that the funds were being expended
by Icth herself and the defendant
without any account being kept and
for the mutual benefit of both parties,
which was authorized by her and ac
quiesced in by her. That large sums
of money received from her property
and from her said plantation were ex
pended by the plaintiff for .her own
personal comfort and pleasure and
in addition thereto other large sums
of money from time to time were fur
nished her by this defendant from his
own private funds. That this defend
ant also . expended during the said
time on himself and on his wife and
children a considerable amount of
money. That during said time he re
-eived an annual salary of some $2,
000, and in addition to this other sums
that he made from time to time, all of
which was expended by defendant and
his said wife during their married life
on the said place and for their own
personal comfort and pleasure, no ac
count of which was kept or attempted
to be kept. That during the said pe
riod of time mentioned hereinabove
this defendant, as near as he can esti
mate it, spent some $10,000 or more of
his own private funds as alleged here
inabove.
8. That this defendant has not now
nor since the separation of himself
and wife, nor at the time thereof, had
any sum or amount whatever of the
Nunds received from his said wife or
her property. That he received the
said funds solely on account of the
martial relationship and without any
[ntention on the part of either himself
:r his said wife that ne should ever
>e called upon or required to account
therefor or any part thereof to her or
anyone else. That the relation of
lebtor and creditor never existed be
'ween himself and his said wife in the
iatters set out herein.
9. That during the entire married
life of plaintiff and defendant when
:hey lived together as man and wife,
is hereinabove alleged, this defend
mnt was the sole manager of the prop
arty of himself and wife, claiming and
ising the profits of the place and the
roperty as his own for the joint sup
>ort of himse!af and his said wife,
pending the same as he pleased and
s unto him seemed best for their said
ioint benefit, and that the plaintiff
ierein, his said wife, was at all times
ognizant thereof and .permitted, au
horized and ratified the same and did
iot any time object thereto.
He therefore prays that the com
laint be dismissed with costs.
Grier & Park,
.Defendant's Attorneys.
STATEMENT.
Of the condition of the Farmers'
Lnd Merchants Bank, located at Little
vountain, S. C., at the close of busi
tess December 1, 1910:
Resources.
dans and discounts . .... .$38,528.23
)verdrafts .... ...-.-.-.-.-.123.62j
3onds and stocks owned by
the bank.... ......--... 2,500.00
anking house.. ...--.....1,506.93 -
'urniture and fixtures... .1,467.75
)ue from banks and bank
ers.... .... ..-.---.--17,260.90
urrency.. .... ...-.-.--.-.- 1,698.00 j
fold.............-.--.---- 11000f
silver and other minor coin 184.55
hecks and cash items.. .. 30.40
Totl.. ....-.-.-.-.-..$63,410.38
Liabilities I
lapital stock paid in.....$11,887.50
surplus fund.....-.-.--..1,877.50
Individed profits, less cur
rent expenses and taxes
paid.. .. .. ...----.--.-.- ,050.33
ndividual deposits subject to
check .........--....37,427.95
rime certificates of deposit. 11,167.10
Total.. .. ---- --. . .. $63,410.38
state of South Carolina, County of
Newberry-s.
Before me came W. A. Counts, cash
er of the above named bank, who, be
ng dly sworn, says that the above
Ld foregoing statement is a true con
lition of said bank, as shown by the
3ooks of said bank.
W. A. Counts.
Sworn to and subscribed before me
this 3rd day of December, 1910.
J. B. Addy,
Notary Public for S. C.
Correct Attest:
J. M. Sease,
J. B. Derrick,
J. H. Wise,
Directors.
Customer (buying a hat)-None of
these shapes comc far enough down
on my face. When I see in the glass
that I can't see myse:lf, then we11
en.-LusigCBlaeter'.
King of Externals
Sells itself wherever
introducedN Imitators
have tried to imitate, 4
and substitution has
been attempted. But
once GOWANS always A
Gowans for inflammation 4
and congestion.
It gives us pleasure to recoin- 4
mend Govwans Preparation for
Intlammation. especiallv of the 4
throat and chest, We have sold
Gowans Preparation for many
years and never had a complaint.
BURLING TON DRUG CO.,
Burlington, N. C.
BUY TO-DAY! HAVE IT IN THE HOME
All Drudists. ' $I. 50c. 25c.
GOWAN MEDICAL CO.. DURHAM, N. C.
Guaranteed, and money refunded by your Druggist
WHY DO THE BOYS
LEAVE THE FARM? 4
Make home attractive with a good piano
or an organ.
Nothing is so conducive as good music; 4
and nothing will inspire your boys and girls 4
more to cherish-home and invite their young
friends to share their joys than music.
We have the SWEETEST TONED PlANOS
AND ORGANS MADE, and at low prices and
on easy terms.
Write us at once for catalog and for special 4
terms. I
MALoNE'S MUSIC HOUSE 4
1428 Main St. Colimbla, S. C. 4
an 4
Can't Work
When you feel that you 4
can hardly drag through
your daily work, and are 4
tired, discouraged and I
miserable, take Cardui,
the woman's tonic. 4
Cardui is prepared for
the purpose of helping 4
women to regain their
strength and health. 4
Not by doping with
strong drugs, but by the g
gentle, tonic action, of
pure vegetable herbs. 4
laCARDUIl
The Woman's Toniec
Mrs. L N. Nicholson, 4
of Shook, Mo., writes: I4
"Before I began to take 4
Cardui, I was unable to 4
do 'any work. I have 4
taken 5 bottles and have 4
improved very much. I .
can do the most of my {
housework now.
"I can't say too much
for Cardui, it has done so
much for me."
Your druggist sells Car-.
dui. et a tety.
S
-- - ti
BEFORE ordering MAGAZINES ge'*
our big clubbing catalogue and sp. L
cial offers and save MONEY. l
;oU' H EAN SUTBSCIPTION AGENCY,
.Postal Card will do.) Raleigh. N. C.
- L
NIOTICE. L
Aplications for the position of Su- L
rintendent of the County Poor I
ouse Farm and of County Physician I
r the year 1911 are solicited. File
ith the clerk by December 1, 1910. A
r information as to salaries, etc., A
all at the Supervisor's offie.
L.I. Feagle, A
. C. Holloway, Supervisor.
Clerk.A
NOTICE TO CREDITORBS.
All persons holding claims or de
ands against the estate of Mary M.
umbert, deceased, are hereby notified
opresent same duly attested to John
. Kinard or to our attorneys, Messrs.
nnt, Hunt & Hunter, on or before
he 27th day of December, 1910.
John M. Kinard,
James P. Kinard,
xecutors of the last will and testa
ment of Mary M. Humbert, deceased.
-22-4t-1taw. .
OVER'65 YEARS'
EXPERIENCE
f
C
TRADE MARKs c
DESIGNS
COPYRIGHTS &C.; t
qucly ascertai our opinio fre etscr n
tons stilty cofdntia. HANBOOK onPatents
sentfree. Odest agncy for seu ore paet.
s<eia2 notice, without charge, in the
$clt fysientific onal.Trm.3a
year ; four months.51. sold by all newsdealers.
MNN & CO.361Broaday. NewYar
Banch Office 62 E StE Washingtoni. D. (C.
WE HAVE
ANDI
The Largesi
JAPAN
Ever Brou
We decided to g<
after we had bougi
have them markec
find some bargains
D Salad Sets, C
Sugar and C
Comb and
Cups
Remember the Priz
purchase of Chins
SCome in and Secure So
See Our Window foi
Newberr~
olumbia, Newberry & Laurens E. R.
Schedule in effect October 6, 1910.
ubject to change without notice.
hedules indicated are not guaran
A. C. L. 52. 53.
v. Charleston.. ... 6.0am 10.00pm
v. Sumter.......9.4am 6.20pm
C.,N &L
v. Columbia......11.5am 4.55pm
v. Prosperity. .12.42pm 3.34pm
v. Newberry.. .. .12.56pm 3.20pm
v. Clinton.... .. ..1.5pm 2.35pm
v. Laurens.. ..... 2.35pm 2.12pm
C. &W. C.
r. Greenville. . ..4.00pm 12.20pm -
r. Spartanburg. ..4.O5pm 12.20pm
r. Abbeville .. .. 3.55pm 1.02pm
.r. Greenwood.. .. 3.27pm 1.33pm
r. Athens.... .... 6.5pm 10.3Oam
r. Atlanta...... .. 8.45pn 8.00am
A. C. L 54. 55.
v. Columbia.... .. 5.0pm 11.15am
v. Prosperity... .. 6.26pm 9.50am
v. Newberry.. .... 6.44pm 9.32am
v. Clinton.... .... 7.35pm 8.44am
Y. Laurens.. .. ...7.55pm 8.2Oam
C. &W. C.
r. Greenville. S..92p 7.00am
.r. Greenwood.. .. 2.28am 2.38am
r. Abbeville.... .. 2.56am 2.08am
r. Athens.. .... .. 5.4am 11.59pm
Lr. Atlanta.. .. ...7.am 9.55pm
Nos. 52 and 53 arrive and depart
rom Union Station, Columbia, daily,
nd run through between Charleston,
nd Greenville.
Nos. 54 and 55 arrive and depart
~ervais street, Columbia, daily, ex
ept Sunday, and run through be- ==
ween Columbia and Greenville.
For information ask agents or write,
W. J. Craig, P. T. M.,
Wilmington, N. C.
.F. Livingston, S. A.,
Subscribe for The Herald and get, 0
JUST RECEIVED
iAVE ON DISPLAY
and Prettiest i ne
- OF
[ESE WARE
ght to Newberry
> out of the Fancy China business
Lt these goods, and consequently
I at very close prices. You will
in beautiful
racker Jars, Olive Dishes
reams, Butter Dishes,
Brush Trays, Vases,
tnd Saucers, Etc.
es we are Giving Away with every
0 to the amount of $1 and over
me Nice Christmas Presents at Low Cost
a Few Things in the Jaanese Line
Hardware Co.I
Dull Season Prices
Every Artcile Priced Way Down to Stimulate the
Trade. Take Advantage of Our Low Prices
Purchase Your Fall adt uter Goods Now
You.WILL SAVE Money
he Short Cotton Crop will force prices Sky
ward. We force prices DOWNWARD.
LL OUR FALL AND WINTER GOODS
were bought before other merchants dreamed
f going North. We bought below present
arket value and Nothing but the BEST In
Quality. The first choice to the early pur
:haser. This is YOUR opportunity.
Come! We need money to pay what we
we. A cordial greeting to all.
0. Klet tner
URS AND HIDES
lbi ~ HIGHEST MARKE PRICE PAID
IN WHITE & Co. LOILEiKsY. .