Historical Newspapers of South Carolina

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HIGHER COURT ON BELL CASE (Continued From Page One.) was nothing proved to show that Mra. Thompson was any party to any fraud that was attempted against Mr. Bell ? Then how could the plaintiff expect to set aside the deed that the ladv held ? These and many more questions are handled in a 'masterful way by the opinion of the court, which is in full as follows: THE STATE OF SOUTH CAROLINA IN THE SUPREME COURT Twelfth Circuit?Horry Oounty O. J. Bell, Respondent M. I?. Thompson and Carrie E. Thompson. Appellants. No. 133. (Opinion by T. B. Fraser. A. J.) The appellant, M. B. Thompson, owned some land at Wampee, in Horry County, and lived there for awhile. Tn I90f>, he bought a tract of land containing about twenty-five acres from J. V. Jones, (and called herein the Jones tract), and lived upon it. Just across a pVivate road he had a small lot upon which he had a store, in which lie conducted a mercantile business. The store lot came under a separate purchase. In 1911, he bought two other parcels of land from \V. P. Floyd, containing forty and ten acves, respectively, and herein called the Floyd tract. There is evidence that M. B. Thompson borrowed some money from his co-defendant, Carrie E. Thompson, and promised to convey the Floyd lands to her. That while the food crope of the Floyd place were mingled with those of the Jones tract, the cotton made on the Floyd tract was given to Mrs. Carrie E. Thompson, his wife. The Floyd tract was regarded by the family and employees of M. B. Thompson as belonging to Mrs. Thompson. The deed to Mrs. Thomp son was not executed until 11th March, 1919, but not recorded until 30th January, 1920. On the 24th January, 1920, the plaintiff O. J. Bell, and the defendant, M. B. Thompson, made a contract for the sale of the land which is embodied in the following paper: "Received from O. J. Bell twenty dollars on my home place at Wampee. S. <?., balance $C>,9SO.OO to be paid on delivery of title to said pronertv within ten days from d,ate. This sale includes the old store lot. I am to retain and use the buildings until January 1st, 1921." (Signed) M. B. Thompson. "January 24th. 1920." On the 30th January. 1920, the defendant executed and delivered to the plaintiff his deed for the Jones 'tract and store house lot and received the agreed price from the plaintiff. 1mr-ediafely after receiving' his deed the nl/'intiP* discovered that the defondant had conveyed only the Jonei tract and the store house and lot ami demanded a deed conveying; the Floyd tract. This the defendant refused tc do. claiming that the Floyd tract waf not included in the bargain nor cover ed by the receipt. The plaintiff ther brought this action to set aside the deed from M. B. Thompson to Carri< E. Thompson for fr.iud and for spe cific performance of the contract tc convey the Floyd tract. The defen dants denied the fraud, claiming tha the conveyance of M. B. Thompson t( Carrie E. Thompson was made ii good faith for a valuable considera tion. and that the Floyd tract is no a part of the Home Place. The plaintiff seeks to sustain hi: claim mainly by parol evidence. T< this evidence the defendant objected Tt will not be necessary to ^onsMe this question, because the plaintiff ha failed to make out his case, even i "the parol evidence is considered. Tin a i -1 Tminc f l'onf t r\ ffrfllHO] II VCll UII HIC OWUCiO vi uvv i v, several years. The Jones tract ha on it quite a number of buildings. I was manifestly his Home Place. Ther v.as a road, a private road, that sep a rated the Jones tract from the stor house lot and the Floyd tract. I was deemed necessary by the partie t^> include the store house lot acros this road. The plaintiff says tha Thompson told him that he intende to sell all his property at Wampe< and yet it was necessary to specif the store house lot. A public roa separated the Jones tract from ar other tract of land owned by Thomp son .and yet the plaintiff makes n plaim for that other land. Tf th "Floyd land is included under tho pen eral term of "all my land at Warn then the other land is include' ako. The plaintiff says that the de fondant drew a plat of the land on i piece of paper, and included th Floyd tract. The defendant said h did speak of the Floyd tract but i was not included in the contract fo the sale of the Home Place. Th plaintiff denies that the Floyd trac inrae mentioned in the trade. Tt i (taking the plaintiff's own statement, not true that there was an explici agreement to include "the Floy tract" in the "Home Place." Th plaintiff said the Floyd tract was no mentioned. The plaintiff's only re liance is upon a rough sketch that h paw but once and has been lost. It cannot he successfully contende that the defendant, Thompson, eve intended to convey the Floyd tract i the description of the Home Plac< The price of Seven Thousand Dollar for a well built up place and a stor hou.se and lot in 1920 is not such a unreanonable price as to warrant a adverse finding on that score. Th record shows clearly that the Jone: or Home Place, and the Floyd plac were regarded as separate place among the family and employees c the grantor. This action is based o fraud and if the plaintiff is righ then Thompson never did intend t convey the Floyd tract. The pUinti must rely on fraud. To set aside th 1 deed to Mrs. Thompson for fraud she must have participated in the fraud and there is not the slightest evidence that she participated in the fraud or knew of the fraudulent purpose. Much stress is laid upon the fact that Mrs. Thompson's deed was not recorded until the trouble arose. Mrs. Thompson regarded the Floyd tract as hers and for years she may have been careless about having the deed recorded, but when the plaintiff threatened trouble, she had it put on record at once. The record shows that the plaintiff thought he was buying the Floyd tract, but that is not enough. Even if there was conclusive proof that M. B. Thompson knew it, that is still not enough. In Monaghan Company vs. Dickson, 39 S. C., pg. 149, we find: "In order to make out a case of actual fraud, so as to set aside a mortgage, it is necessary to show concurrence in th? fraudulent acts by the mortgagees as well as the mortgagors. There was no proof of combination with the mortgagees, for most of them were not present and had nothing to do with procuring the execution of the mortgage." There is no proof here to connect Mrs. Carrie E. Thompson with the fraud, (if there was a fraud), and only a suspicion that M. B. Thompson knew that Mr. Bell was under a misapprehension as to the land included in the term "Home Place." This is just one of those cases in which those who should know better make hasty and ill-considered contracts. and then ask the Courts to relieve them from the consequences of their own unwisdom. The judgment is REVERSED and the complaint dismissed. We concur: Eugene B. Gary, C. J. R. C. Watts, A. J. T. P. Cothran, A. J. J. H. Marion, A. J. WANTS TO FIND HER FATHER To Whom it May Concern: Can anyone in Georgetown, S. C., tell me of the whereabouts of my father, Eligah Stevenson, whom I have not seen since I was five years old. I am now almost fifteen years old. My mother died March 10th, 1018. I've tried to communicate with my father or sisters, Mary or Elizabeth Stevenson. Please if anybody can tell of Mr. Stevenson's whereabouts please communicate with his daughter, Miss Frances Stevenson, at 112 West 134th Street, New York City. Exchanges please copy. o Let The Horry Herald do it. 1 Severe j ! | Indigestion | (H "1 had very severe attacks of H, |H indigestion," writes Mr. M. H. & wl Waae, a farmer, of R. F. D. 1, IP lH Weir, Miss. "I would suffer III H| for months at a time. All I dared h Pfl eat was a little bread and P ill butter. .. consequently I suffer- II RES ed from weakness. 1 would try IM " JW to eat, then the terrible suffer- P 111 in W stomach 1 1 took II 1 n medicines, but did not get any K 1 ffl better. The druggist recom- IP - Ill mended [8 ' ffl Thedford's ff D IBLACK-0RAUGH1 e rn and 1 decided to try it, for. as 1 II 1 Ul sayf 1 had tried others for two 11 I or more V* without any im- I t (11 provement in my health. I soon II e yl found the Black-Draught was II i- acting on my liver ana easing e fu the terrible pain. I t y| "In two or three weeks. I B 8 I found I could go back to eating. I s fy I onlv weighed 123. Now i H t ifl weigh 147?eat anything I want fl ,1 to. and by taking Black-Draught I . fl I do not suffer. I yl Have you tried Thedford'a i] a Black-Draught? If not, do so I ffl today. n j| Over 6 mllfton packages told, H PR i year. At dealers I rl = : WHICH rA rl Are the Earliest^* I e Snap Beans / s ?the Best Yleldinjy > Garden Peas / a ?the Sweetest I ? Cantaloupe # i. Tho Select-Rite Charts in the c 1923 Catalog of ; WOODS ; SEEDS ? Show at a glanco tlio varieties of n each vegetable to plant for earliness, n yield, length of bearing season, or e for whatever purpose is most desired. ?? The most helpful catalog we havo e ever issued is ready to be mailed to (8 you. free on request. FREE FLOWER SEEDS n Our 1923 Catalog tells how you can have them t, without coat. Bend a poat card (or your copy. ? T. W. WOOD So SONS, Seedsmen " 40 S. 14th St. Biohmonb, Va. ie rHE HORBY HERALD, OOH WA GIVE PRIZE FOR WEEVIL CURE Capt. Ellison Smyth, of Pelzer, has been appointed by the National Council of American Cotton manufacturers to head the committee which will superintend the council's administragreatest portion of the cotton belt, solution of the boll weevil problem. The award will be made at the close of 11)23, and will be based on contributions that are applicable over the greatest portion of the cotto nbelt. Serving on the committee with Captain Smyth, will be David R. Coker, of HartsVille; Dr. Bradford Knapp, of the United States department of agriculture. and Gov. John M. Parker, of Louisiana. This stimulus to research work in the direction of combatting the pest, whose ravages in the cotton belt have caused enormous loss, is being given in accordance with the organization's decision to co-operate in the nationwide campaign recently launched on the initiative ot the American Cotton association for the eradication of the boll weevil. Federal and states agencies as well as farmers' and other associations, are participating: in this movement, which will extend into the 840 counties in the 13 cotton growing states and into the cotton . manufacturing centers of New England, and the eastern sector of the country, the assistance of leading scientists is being enlisted in the hope of making material progress in the conquest of the weevil this year and so helping to avert the cotton shortage which is threatened unless the crop this season be larger than it has been during the past couple of years. Details of National Wide Campaign. Plans already formulated provide for a broader educational program and more intensive research investigation. In connection with the latter part of the scheme, cotton spinners and manufacturers in New York and Boston have notified the promoters, whose headquarters are established at Atlanta, of their willingness to a*ist in financing the work of organizing a T\rn rim 1 TV VIU \ t Now Let * The real money crop of the ! j money in the South is to raise I raise cotton with the boll weevil p wanta to know. L Many methods of eontrollir I varying suoceee. Thousands of 1 I I It's sure death to boll wmi Trap barrel draws flies. It kill into boiling bacon. And, it do them nil! Hill's Mixture ia in liquid f nnd molasses aa a binder, to b Hill's A ON 1% < My neighbors first uied i of its success spread so fast tl year, and thousands of acres ii w JL If you want proof of Hill' wfll show yon copies of wonde om* of the oldest and ablest fax R. P. BLACKS Agent for Marion and 1 Entire Count y, S. 0, FEB. 1, ltfgg research bureau to devote its undivided attention . to the discovery of means whereby the pest may be destroyed. As already noted, Miller Reese Hutchinson, of New York, formerly personal representative and chief engineer of Thomas A. Edison, .has been selected as managing director of scientific investigators. The American Cotton association's scheme contemplates the raising of a fund of $2,500,000 from cotton growers, industrial and commercial interests and bankers of the South, and from cotton spinners, manufacturers, and exporters of the North and East. It is proposed to expend half of this j.unount in insuring more wide-spread I J: - I J-- J - 1 use ui icuieuies aneauy uiscovereu, and to devote the remainder to research work with a view to discovering some potent remedy for the complete eradication of the pest. The establishment of demonstration farms and the provision of other educational facilities throughout the South are also planned. Tlie action of the National Council of American Cotton manufacturers in alloting a sum of $1,000 for the encouragement of scientific investigation will be welcomed, not only by growers and others interested in the development of cotton growing industry, but by all who desire to see the South enjoying the wider measure of prosperity it would attain were the boll weevil completely wiped out. It is believed that the ward will give a greater incentive to the research work. Rules of Competition. The National Council of American Cotton manufacturers has appointed a committee to superintend the administration to the award as follows: Capt. Ellison A. Smyth, chairman; J. R. Kinsler, Bradford Knapp, Hon. John M. Parker, and David R. Coker. The committee proposes to consider as eligible for the competition, any method, new or old, looking to the control of the boll weevil. The following rules have been laid down by the committee. 1. The extent of the cotton belt to which the method is applicable. 2. The cost of the method and simplicity of equipment required. t A New 's Righ South it cotton, and the way to ra*k? Ai. _ n^i i ~ coivun. DUii?iruw ?re yuu vw 1, is what very farmer in the South iff the weevil have bee a tried, with farmera have invested their money ia dfc i ILL'S (uj rill! It draws them like a leak ia a Is them as dead as a hog that's made n't kill just a few of them?it kills orm, with calcium arsenate as a base, old it on the plant. But the feature fixture Has I [)F THE ACREAGE I RAISED 4% Ol t ia small quantities, but the news Hat hundreds of farmers used it last i Barke County were protected from ,ET ME SHOW s Mixture before you buy, my agent irful letters of recommendation, from -mere in this section of the State. ELL, Marion, S. C., \ Immediate Territory and the > FOI y of Horry, S. C. 1 1 & Does the method lend itself to use by the class of labor available in the cotton belt? 4. Bearing the climatic conditions in different parts of the belt on the effectiveness of the control meas. ures. 5. Practicability of the method under its application. 6. Does the method tend to increase yield, aside from limiting weevil injury? 7. What relations does the method have to other insects, especial jy' those , affecting cotton ? 8. Does the method look to the extermination of the weevil or to reduction of Its injury? 9. The extent to which the success both as to length of time in any one of the method has been demonstrated, place or to number of places. All correspondence should be addressed to Capt. Ellison A. Smyth, Pelzer Manufacturing Co., Pelzer, S. C. ./ vi?f MOTHER! MOVE ? ^ ~ m# Aimv f IJ CHILD'S BOWELS "California Fig Syrup" is Child's Best Laxative Even a sick child loves the "fruity" taste of "California Fig Syrup." If the little stomach is upset, tongue ooated, or if jour child is cross, feverish, full of cold, or has colic, a teaspoonful will never fail to open the bowels. In a fow hours you can sw for yourself how thoroughly it worka all the oonstipatipn tender, little bowels and given you a poison, sour bile and waste from the . Snrp-Dp he Boll i name is L. D. Hill. My father was Dr lily have been living in Georgia for 71 orn and hogs, since I was ol.d enough to 25 years, I have run my 14 plantations at gusta, and in 1922 raised 604 bales of close observation, unceasing effort and ] boll weevil poison that is revolutionary, Ahead And Plan d Leave The Boll'll be raising more cotton to carry to the nee the Mexican boll weevil moved into the weevils on a year's crop of cotton a { machinery you'll have to have will b< nade of a stick and a rag. t Down To machinery whieh did not work, and which were experiments, and did not But I have proved on my own of scores of my neighbors in Burk< boll weevil by a sure, cheap method, IcMIXTUR! tkat makes it a success, it the ate weevil from the bottom of the stalk you have touched. You can put Hill's Mixture < chinery, with inexperienced labor. 1 six acres a day. A rain of under and it costs from one-half to one-flf Wever Had A F THE COTTON IN BURKE COUNTY the boll weevil by Hill'fl Mixture li it last year is going to use it agfai: YOU THE PROP The price of Hill's Mixture is 7 S. C., in 50-g-allon barrels, plus smal be refunded to you when the barrel other states. ( HILL'S M i THE < COBPOE ( AUGUSTA, ft ??? ? THEY HAVK MANY .... I There are 110 different Carmine B problems now being studied co-opera- I tively by the United States Depart- H ment of Agriculture and the State ag- fl ricultural experiment stations. These S studies deal with soil, <m>p, animal disease, farm management, pests, and other common problems. fl o (Jot timber deeds and timber op- B tions at The Herald office. fl I g ? chapped hands ? ^ 1 1MENTHOLAJUM I I ^i^mdiemnnoo^^ I \? M I I well, playful child again. | Millions of mothers keep "California | Fig Syrup" handy. They know a teaspoonful today saves a sick child tomorrow. Ask your druggist, for genuine "California Fig Syrup" which has directions for babies and children of all ages printed on bottle. Mother! You must ?a) "California" or you may get an imitation tig ayrup, ibhhhhhhihhhihhhhibhHHHI i ath For W eev il . J. C. Hill, of Drone, Ga. Tha year a, and I have been raisiftg hold the plow handles. During Gough in Burke County, Georgia, cotton on 812 acres planted im practical experience, I have perin that THE WEEVIL SEEKS t Your Cotton \ Weevils To Me I gin than you ever dared hope to the Southern States. You can it a minimum cost per acre, and b an old tin can or bucket, and Business! . their time and cotton in methods protect their cotton. 812 acre farm, and on the farm* 0 County, that you can beat tto a Ad that iaby the< application et 1 r?t ingredient which Attracts the to th? on* part of the plut that >n is the daytime, without maOne colored boy or girl cam cover one-half inch hat no effect oa H? th of the dusting method. Failure! IN 1922 ist year. Every farmer who need a. F! 2c per gallon, delivered is Ga. and 1 cost for container, which cost will ia returned. Small freight charge L. D. HILL. e IXTURE NATION GEORGIA ?