(Fage No. 2
FLOYD-PAGE
j LAND DISPUTE
First Case Called on the Docket
of Common
Pleas
The first case before the court this
week was John T. Floyd against Wm.
Page involving a tract of land of 111
acres near the home of Mr. Page in
Gallivants Ferry township. This was
the second time the case has come to
trial. The jury was empanelled as follows:
Low Floyd
J. H. Dusenburv
H. B. Cribb
R W. Tyler'
G. F. Murrell
Walter P. Gore
J. B. Edge
S. U. Jolinson
S. A. Gore
T. M. Daniels
M. G. Prince
N. T. Collins
The complaint was read setting
forth the laying off of the land as
dower to Nancy Floyd as the widow
of John T. Floyd, out of the estate of
uua.. K;.- ?U~J. t-\-~
iiic (i.vci u in in,-' ULMiii, iiwii lilt;
heirs of John T. Floyd consisted of
tlie said Nancy Floyd and John T.
Floyd, and that Nancy Floyd is nowdead.
The answer was read denying: the
complaint and sotting up the statute
of limitations and presumption of a
grant.
The plaintiff introduced a deed
from Lemuel Floyd to John T. Floyd
in 1859, also a deed from Lemuel
Floyd to John T. Floyd dated in 1854.
These deeds described and covered the
land involved in the suit. He also introduced
a judgment roll dated in
ISfifi showing the appointment of
John M. Dawsev as administrator of
the estate of John T. Floyd. This roll
wns read to the jury, paper by pape?*
John T. Floyd testified that his
mother sold this land to Wm. Page
while plaintiff was under age; that he!
had nothing to do with this sale and
did not know what Page did with the
land after that as he had not been
tuere. He admitted that the $100.00
his mother got from Mr. Page was invested
by her in another tract of land
in Flovds township and this was finally
conveyed to the witness by Nancy
Floyd.
Then .1. M. Johnson, civil engineer,
testified to the location of the land.
Court recessed for dinner. At the
opening of court Monday afternoon
the defence moved for a non-suit. This
was argued at length by the attorneys
on the opposing sides. Robt. B. Scarborough
opened for the defendant and
was answered by L. D. Lide; then the
v ?lv \vs made by M. C. Woods.
These arguments were interesting be,
?? ?...' i' '< t-o ou' 'op.iis and
statutes relating to the allotment of
The court refused the motion for
the time being, saying that the defence
would have to put in its testimony
and evidence and the court
might rule differently later but would
refuse the motion for the time being.
Numbers of old records were introduced.
Then the defendant testified.
He said J no. T. Floyd went to the
war. Mis wife, Nancy Floyd, was a
sister of the witness and lived with
Mr. F'oyd's family. His sister was not
satisfied. He moved in a little log
house about a mile, put a chimney to
it. and moved Nancy Floyd into this
house. Tliere it was that John T.
Floyd was born. He cared for her in
1Q01 and made a crop. J. T. Floyd
was born in lSf>2. John T. Floyd and
witness went to Floyd's Cross Roads
and spent the night and upon their return
the son had been born. John T.
Floyd having come home on a fur1
,v. w-U 17*1 1.1_ l '
n'umi. i iuvi'.'ly.ui T.o go nacic and in
the Fall of 1^0:2 witness had to go to
the war. Witness did all that was
d' ne for Nancy Floyd, and ho told of
a judgment under which Floyd's land
was sold and this was levied on and
witness did not remember whether the
sa-o was postponed. He then saijl that
he was present and saw Chas. Grainger
buy it. It was knocked down to
Grainger. Ho, the witness, bought the
dower land from Nancy Floyd. J no. T.
Floyd was married and living with
Nancy Floyd and they could not all
agree. .John T. Floyd asked him to buy
that dower land and let them take the
money and buy a place that was offered
to them bv Chas. Grainger. Witness
had to borrow $50.00 from one
man and $f?0.00 from another and
paid the sister the $3 00.00 and took
the nlaco as tbev could take the place
in Floyd's township. Ho thought verv
much of John T. Flovd, almost as his
own son. A short time before that
witness had bought the interest of
Chn?. Grainger. This was the same
land the dower land. This deed was
placed in evidence and was recorded
in lft$0. Witness told tha* when John
T. Floyd was talking about the sale to
him of the dower land saying that
Floyd knew of this deed: that Flovd
also said that hp only had this land
for the life of his mother and that as
ho, Page, had a deed from Nancy
Floyd he, Pare, would have the land
for alwavs. He had gone to Jos. T.
Walsh, the attorney for the creditors
and as a result of what he was told by
the attorney he went at once and
bought the land from Nancy Floyd.
Witness was present at the tax sales
and bid the land in and paid the taxes
with his own money and turned the
land over to his sister. The land was
rnn down when witness got it from
Nancy Floyd. John T. Floyd passed
fMy place on coming- to Conway,
e pc : 11 v after witness had cleared
up the land and opened out an avenue
to the road; that John T. Floyd went
to witness' home after witnnexs had
built o?i this land.
On cross examination that he
(CONTINUED ON PAGE SIX)
m* ill Ii I I
COMMON PLEAS
BEGINS TERM
The July term of the court of Common
Pleas convened here lust Monday
morning with Hon. S. W. G. Shipp,
presiding.
The term is to last two weeks. Two
sets of jurymen were drawn , ,for the
court, one for the first week and a different
venire for the second week.
This is the first term of the court under
the provisions of the new act recently
passed giving Horry more and
longer terms of the court. This appeared
to he necessary to take care of
the increacd amount of litigation and
the consequently growing dockets.
Two weeks before the court the
members of the bar met and arranged
a roster of cases for trial. No cases
tvere set for Wednesday, July 4th.
The court will take the holiday.
The first case on the docket was
that of John T. Floyd against Wm.
Page. This is the second time it has
come up for trial, the first time resulting
in a mistrial.
Slow progress has been made during
the first of the week. Perhaps the
hardest work of the court will take
place after the Fourth and the lawyers
and parties get back and settle
down to the trial of cases again.
The jurymen, the witnesses, and also
the parties appear to be restless.
One cause is the fact that they have
not been brought to court at this season
in Horry before. The farmers are
interested in their crops. The tobacco
mowers are in me midst of curing;
the tobacco crop. They had far rather
he at home than hanging round the
court house.
The proceedings in the different
cases will appear in separate articles.
o
CHAMBER COMMERCE TO MEET
The usual monthly meeting of the
Comvav Chamber of Commerce will
he held in the Town Hall on Friday
evening of this week. In spite of the
fact that this meeting comes in midsummer,
when many members of the
Chamber will be at Myrtle Beach, it is
koped that a very satisfactory attendance
will he on hand. No luncheon will
he served, this meeting being devoted
strictly to the Chamber's business
matters.
Mr. B. S. Meeks, Commercial Agent
^f the Atlantic Coast Line Railroad
Co., has written the Chamber requesting
permission for a representative of
that railroad 4.o speak to the business
interests of the town. This permission
has been gladly extended and some < fficiol
nf toe Coast Line will he present
at Friday's meeting.
Just what matters will be brought
lo the attention of the business men
by the representative of the railroad
are unknown, but it is presumed thai
mehods bv which tho vnilrnnrl r?f
town may serve each other's interests
will he outlined.
The meeting- will bepin at 8:80
o'clock and all memhers are urged to
he present.
o
Lost?One ten-dollar hank note between
Burroughs Rank & Trust Co.
and Conway Hotel and Post Office.
Reward if returned to J. F. Green,
Conway, S. C. lti. pd.
o
SI MMMR SCHOOL
The summer school started last
Monday with a corps of good teachers
and a growing attendance.
The teachers and pupils are expecting
a successful term.
o
MAPLE NEWS
The farmers are all busy gathering
tobacco, and many of them are picking
and shipping lima beans.
The B. Y. P. U. met Sunday afternoon
and rendered a splendid program.
The School Improvement Association
will hold its meeting Thursday
night of this week. One of the main
features on program is an address by
Supt. E. C. Allen.
FLOYD BROS.
ContrflftnfR anrl Rnil/1<**??
^ . v, . v, v? >uvi O
GALLIVANTS FERRY, S.C.
Public School Houses and
nice Bungalows are our specialty.
Details and specifications
furnished on short notice.
C, 21'22*2in-4t.pd.
UNIVERSITY OF SOUTH CAROLINA
Scholarship and Entrance
Examinations
The examination for the award of
vacant scholarships in the University
of South Carolina and for admission
of new stuiieiyts will he held at the
county court house July 13th, 102.3,
at 9 A. M. ApplictyUs must not he
less than sixteen years of age.
Scholarships are vacant in the following
fifteen counties: Bufort, Chester,
Chesterfield, Edgefield, Jasper,
Kershaw, Lancaster, Lee, Mcfcormick,
Newberry, Oconee, Pickens, Spartanburg,
Williamsburg, York.
Applicants for scholarships should
write to President Melton for scholarship
application blanks. These should
he filed with the President by Ji^y
10. Scholarships are worth $100, free
tuition and fees. Next session will
open September 10th, 1923.
For further information write to
Pres. W. I). MELTON, University of
South Carolina, Columbia, S. C.
6j4j23-f>l 18|23-7|5j23
\
THE HORRY HERALD, OON
WILL YOU HELP '
TO BUILD UP
Mr. Business man, are you ready
and willing this time to help build the
Conway Tobacco Mqjket? On your
efforts, more than *>n anything else,
depends the success of it. Conway
wants and needs her share trf the
crop that is being matured and cured
?n the barns all over this county. It
is up to you to encourage those who,
by their toil have produced this crop
and make things as easy and nice for
them when they come here this time
as it is possible for you to do.
| MAIL TROUBLE
| OUT DOG BLUFF
There is trouble about the delivery
of mail in R. F. D. No. 3 out of Conway.
Two subscribers have complained
to the effect that the Horry Herald
is left at the wrong place so they
are not received. Recently they have
missed copies of the paper. One
One subscriber gets his copy very few
and far between. They threaten to
file a comnlaint but wo
t "v ",v
this to the attention of the carriers.
DENTALHIM
DISSOLVED
Beginning from last Saturday Doctors
Alford and Rutledge have dissolved
copartnership at Conway and
the dental parlors at Conway will be
occupied and operated by Dr. Rutledge
alone.
Dr. E. P. Alford will continue to
maintain his dental rooms at Mullins
as heretofore, and will devote his entire
time to the practice there.
Messrs. S. L. Moore. F. I. Jollie,
James Jordan, Ben Jordan, Hallie
Causey, Boyd Jollie, Henry Causey
and Rufus Jenrette spent Saturday
night at Myrtle Beach.
Messrs. Sam Smith and Amos Long
spent Saturday night in Ay nor with
friends, returning Sunday morning.
The crops, and especially tobacco,
of this section have improved greatly
since the showers on Monday afternoon.
Rain was much needed.
Mr. A. D. Jones was recently elected
as a member of the board of trusfhfl
Qulnlnt That Docs Not Affect tin HoBec.-'jse
of Its tocic and laxative effect. LA '
ri"K UROMO UUININK is belter thun c-(5:
i'r..ne and dors not cause netvou->?i<-s
urns in head. Remember the .'u.l pthr
s# m**
Gat
Par
forn
"Sta
alwa
grad
tifici
start
nom
step
set b
gaso!
to w
mile;
to pi
" Stai
ST
f <) :l;|&
Made, right here in the Caroln
at Charleston. Sold at hundi
of pumps that hear this seal
WAY, S C, JULY 5, 1923
tees of Maple school, l^lr. Jones stated
that he would fill this position to the
best of his ability, but In order to do
so he needs and must have the hearty
cooperation of the other trustees t\nd
the patrons of the district. Are the
p-itr^ns of the district working together
as they should? Get together
>?ui heln the trustees to make Maple
the best graded school in Horry.
o
If SUMMONS FOR RELIEF
Court of Common Pleas.
STATE OF SOUTH CAROLINA,
COUNTY OF ICOUR \
Bank of Duplin, a Corporation,
Plaintiff, vs J. iL Newberry and D.
F. McGougan, M. N. Jenkins and J.
A. Bryant as Executors of the Last
Will and Testament of S. L>. Bryant,
deceased, and Emma Bryant. Albert
Bryant, Nelle Bryant and Sleate
Bryant, heirs-at-'aw and next o^* kin
of S. D. Bryant, deceased, and J. A.
Lewis, Sheriff of Horry County, Defendants.
To the Defendants above named:
YOU ARE HEREBY SUMMONED
and required to answer the complaint
in this action, of which a copy is herewith
served upon you, and to serve a
copy of your answer to the said complaint
on the subscriber or subscribers
at his or their office at Conway, S. C.,
within twenty days after the service
[ hereof; exclusive of the day of such
service; and if you fail to answer the
complaint within the time aforesaid,
the plaintiff in this action will apply
to the Court for the relief demanded
in the complaint.
rv a t ? **+ ?
uareu at uomvav, S. C., June 21st
1 A. D. 1023.
sherwood & McMillan,
Plaintiff's Attorneys
ATTEST:
W. L. BRYAN (Seal)
C. C .C. P.
To the Absent defendants: J. H.
Newberry, XD. F. McGougan, M. N.
Jenkins Executors of the last Will and
Testament of S. D. Bryant, deceased,
and Emma Bryant, Albert Bryant,
Nelle Bryant and Elease Bryant:
TAKE NOTICE that the complaint
and summons of which the foregoing
is a copy and which is hereby served
on you was filed in the office of the
Clerk of Court for Horry County,
South Carolina, at Conway, S. C., on
June 21st, 1023.
sherwood & McMillan,
Plaintiff's Attorneys
ATTEST:
W. L. BRYAN. fSeal)
C. C. C. P.
ORDER
On reading and filing the Affidavit
of Hoyt McMillan, one of the attorneys
for the plaintiff herein, it appearing
that the defendants, Albert
p vvon t, NeP^ Bvvant and Elease
Bryant are infants over the age of
A m.m i
API
REG. U. S.
lePcii
is the standard of g(
niance in golf or g
ndard" Motor Gas
lys par?the uniforn
e fuel that sets the pac
illy built to balance
ing, pick-up, power;
ical mileage?tested
to meet rigid specil
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line you'll always coi
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ease you?it's easy t
ndard" pump, atvyw
AMDARD OIL COM1
(New Jersey)
1<1S,
*cris
s ORDERED, That J. S, Vaught,
Esq., Judge of Probate Court, said
State and County, be, and is hereby
appointed Guardian Ad Litem NISI
for the infant defendants, Albert
Bryant, Nelle Bryant and Elease Bryant.
under provision of Section 165 of
the Code of Civil PrQcedure, 1912, unfourteen
years, necessary parties to
this action, reside without this state,
and with their mother Emma Bryant,
at Tabor, N. C., and should appear by
Guardian Ad Litem. Now:
On motion of Sherwoou & McMillan,
Plaintiff's Attorneys,
iAV.V.%VVAVJWA,AS%%%VW
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:=
JUST AF
? Car Purina Dairy Ft
Jj Car Whole Rice
I; Car Wheat Shorts,
I Car Merry Widow .
l\ Car Omolene Horse
j: 1000 Pounds Best T
\ TO AF
Car One Timothy Y
I Car White Corn,
We have big stocks c
j; Groceries, Feeds and Case
^ See us for close cash
i Cooper-Smil
W llnl^snlc
> Phone r*
5 Conway
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>od pt
asoline* (?g) B
oline is |g
lly high H
e. Scien- i
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at every H
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itented
i chance
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less they or their mother with whom Jk
they reside shall within twenty days
after service hereof, apply and have
some proper person appointed guardian
Ad Litem in said infant's behalf.
Let this order and notice be served
personally or by publication in The
Herald, a newspaper published in
Horry County, S. C., three consecutive
weeks.
Conway, S. C., June 21st, 1923.
w. l. bryan.
C. C. C. P. Horrv County, S. C.
shehwood & McMillan,
Plaintiffs Attorneys.
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Flour, jj
Feed, S
obacco Twine ?
IRIVE 5
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)f everything in Heavy '
Goods. ^
prices. ^
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(irocers 5 y A
vlo. 16 J
, S. C. ?
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