The Union times. [volume] (Union, S.C.) 1894-1918, July 28, 1905, Image 5
I AM LOOKING
FOR YOU!
You will find me
i
at the same old
cf QtlH o t tLia coma
utunu) ut IIIV sauiv
old business, selling:
goods for less. Always
looking for
you with the Best
for Less
COME
I
Yours For Business,
H. W. Bobo.
ARRIVALS AND DEPARTURES Mr. D. W. Whitlock, of Joncs
ville, was in the city Tuesday with
Of the Double Dally Passenger Trains, a load of fine watermelons.
Union, S. C. Miss Jennie Lou Thomasson, of
Train going North 9:00 a. m. Spartanburg, is visiting Misses
44 44 South 11 :85 a. m. Ethel and Maggie Walker.
44 44 North 2:35 p. m.
44 44 South 8:53 p. m. Misses Ixiuise and Sydney Gage
These trains only make a few min- have gone to Rr>ck Hill to visit
utes 8top at Union, so that the hours their aunt, Mrs. D. P. Steele,
of arrival are practically the hours of
departure. Any change in this sclied- Mr. 1 aul \Y ilburn, after spending
ulc will be published in Thk Timbb for several days with relatives in the
the benefit of the public generally. city, returned to Spartanburg Mon'
day.
Local News Notes Mr. S. S. Jjangford brought to '
market Tuesday some fine speeiPointS
Personal and Otherwise imens of musk melons and cantePicked
up and Paragraphed loupes,
by Our Pencil-Pusher. m. b. Lee and w. c. Finch?
er, of Bogansville, were here TuesHon.
H. C. Little was in the city ^ hear thc anti-dispensary
Tuesday. speeches.
Hon T. J Urnwninc ?,?* in t.b?. 1 Senator J. T. Douglas returned
eiUTuesdav' ~~ ? ~ from Columbia Friday, he reports
the books of tlic State officers in
Mr. H. S. Porter, of Kelton, was correct shape.
here Tuesday. Mr. Jim Waters, of Gainesville,
Miss Maud Goforth spent Sunday who has been visiting his
at Cross Keys. brother, Mr. John Huff, returned
home Monday.
Mr. and Mrs. J; B. Betenbaugh
have returned home. JacK Belue, of Spartanburg,
who has been visiting relatives in
Mr. Ixmis Garner, of Pinckney, the city and country, returned
was in the city Monday. home Monday.
Hon. T. B. Butler, of Gaffney, Mr. W. C. Drummohd, of Sparwas
in the city Monday. tanburg, who has been spending
Mrs. W. T. Jones, of Santuc, 8avcral, <lay8. ,with 'l18"?8 in thc
was in thc city Monday shopping, 1 n urne( 10|ne on ay.
^ Misses Lillie and Ora Fant left ,Mr. W",ltc''' ?'J!>nc8v'lle'
, ... who has charge of the Union Coca
Tuesday to visit relatives at Lowrys- Cola Bottling Co., left Monday for
his home to spend several days.
Mr. and Mrs. lewis Crawford, of Xf T n r T?
Chester, are visiting relatives in the (lay n;gl;t " N. c!, to
board thc excursion which left
Prof. L. W. Dick, of Anderson, there Monday morning for Atlanta,
spent a few days in the city this
week. ' ** Austin Turner, of Grover,
N. C., after spending several days
Mr. J. Mc *ant was in the city with his brother, Mr. Ira Turner,
this week, he has some unusually left Monday for his homo to spend
fine peaches. a few days and will then resume
r ; Misses Krin and Mozolle Huff, his duties at Henrietta, N. C.
( of ltnoreo, are visiting their brother, Mrs. B. Jones joined her sisters
^ Mr. John Hun. Gardner, Mrs. Boyd and Bobo
L ^ ~ Slessrs. J. F. Betsil and B. G. Wil" ^ home of their father, Col
burn, of Cross Keys, were hero Tucs- A. Harrow, last Iriday and
day on business. there was a family reunion at the
old homestead.i This family had
Miss Maud Kelly has accepted not liccn together for a long time
the position of bookkeeper for the before and the meeting was a very
Bell Telephone Company. pleasant one.
i * i
)
[WOMAN MAY SELL "DOWER."
Judge Gage Holds in York Case
! that the Right of Dower May
be Disposed of for Money
I During the Lifetime of the
Husband Independently of
the Sale of the Land.
There has just been tiled with
the clerk of the court of York county
an order by Hon. G. \\\ Gage in a
case that was heard by him at the
spring term of the Court of General '
Sessions, and which seems to in- '
volve a novel and interesting question
of law as to the value of an
inchoate right of dower.
The title of the case in which the
order has just been issued is J. M. !
Cherry vs the Smith-Fcwell Company.
Mr. W. J. Cherry represents
the plaintiff and the defendant 1
is represented by Spencers & Dunlap.
!
According to the complaint the
defendant sold the plaintiff a plantation
on Catawba Ilivcr, known as .
the Campbell place, and gave a 1
general warranty title which along 1
with other things covered all pos- !
sible contingencies as to dower.
After purchasing the property the *
plaintiff learned that Mrs. Jennie
E. Hutchison, wife of Mr. W. C. *
Hutchison, who had formerly owned !
the land, had not renounced her
dower. The plaintiff forthwith de- )
manded of the defendant that it
extinguish this dower. The defendent
refused; whereupon the
plaintiff himself purchased the (
dower from Mrs. Hutchison, pay- '
ing her therefor the sum of 820(?.0b. 1
After having acquired this dower J
the plaintiff demanded reimburse- .
ment at the hands of the defendant
and the demand being refused the (
plaintiff entered suit for damages |
in the amount in question, with
accrued interest.
The defendant demurred to the ,
complaint in the case, setting up 1
that the plaintiff had failed to state 1
facts sufficient to constitute a cause
of action, and also claiming that as '
the alleged incumbrance could not
mature during the lifetime of W. .
C. HllteMarm. who fa oftll nlivn '
plaintiff certainly has not been '
damaged up to this time. In the '
order just tiled Judge Gage overrules
this demurrer and gives his
reasons in full.
"It has been decided by the 1
Courts of the State," says his Honor,
"that the inchoate right of dower
is neither an estate in land, nor is
it an incumbrance thereon; but it
is defined as a 'substantial right of
property,' such as a woman may
sell for a price. The substantial
right of property arises out of the
concurrent seizure of land by a man,
and his marriage thereafter to a
woman.
So the right is inseparable from
land and proceeds out of it, if it
is not an estate in it. A substantial
rieht of nroDertv of that charae
tor lias value, and value is always
capable of ascertainment. Such an
ascertainment is certainly had in
the common transactions of life,
sometimes by judicial processes,
more frequently by mutual agreement
between the woman claiming
the right and the person claiming
the land. The fact that the right
is uncertain of fruition or dower,
and therefore of doubtful value, is
not conelusvc against its existence
or its value. Many rights rest in
like uncertainty; hut arc nevertheless
subject to a practical attainment.
The covenant of general
warranty is such a contract as will
indemnify the land owner against
the widow's claim of dower and
that although the claim was inchoate
when the covenant of warranty
was entered into; hut bccanie
ripe and was asserted thereafter.
* * * * *
The existence of the right of the
wife and the existence of the covenant
of warranty are the two factors
which have superinduced that
which might be mistakably regarded
as the premature assessment of
dower; but it is no such thing.
Dower is a specific interest, determinable
actually, and is always the
same. The inchoate right of dower
is altogether uncertain of fruition.
Therefore of value; it must be assessed
by a jury upon all the testimony,
and must, in the nature of
the case, be of less value than the
dower."
His Honor goes on to say that in
this case it will be proper for the
jury to decide what was the real
value of the rights of Mrs. Hutchison
in this property at the time
those rights were acquired by the
plaintiff. He docs not lose sight of
the fact that if Mrs. Hutchison
should dio before her husband the
claim question will bo wiped out;
for on the contray he argues that if
Mr. Hutchison should die first the
amount the plaintiff would have a
right to claim of the defendant
would be all the greater.
On overruling the demurrer his
Honor grants the defendant twenty
days from the filing of the order in
which to file its answer to the complaint,
and that tho case will event
ually go to the Supreme .Court
seems to l>e a foregone conclusion,
for it involves very important issues
that have never been passed upon
before.
The Enquirer says editorially:
"That is a very interesting opin-1
ion that Judge Gage has just filed
on the inchoate right of dower
question, and one which will strike
each individual lawer in a different
light. We do not pretend any extensive
knowledge of law, and we
have not before given very careful
attention to the question. We are
among those to whom it had never
occurred that dower rights were of
practical importance until the death
of the husband. We have looked
upon renunciation of dower as
merely a precaution?a kind of a
formality that should be complied
with as a protection to the purchaser
against "future contingencies. From
Judge Gage's view of the matter,
however, and wo do not question
the correctness of that view, it
would seem that a wife would have
the right to dispose of her prospective
dower rights as she pleases, and
if she should sell her inchoate right
:>f dower without consulting her
husband and the husband should
ifterward sell the property in which
;hat inchoate right was vested to
mother man, it would seem that
;he situation would bring about no
ittle confusion. This, as wc see it,
would especially be the case if the
nishand should die shortly afterward.
In that event the party
who had purchased the dower right
:ould claim one-third of the property
transferred or one-third of its
money value. Such cases as this
would not happen often, of course;
hut there is no doubt about the
fact the subject is a very interesting
one."?News and Courier.
Highway Robbery-A Modern
Hold Up.
The mayor had an ugly case of
highway robbery, drunk and disorderly
conduct before him last
- i- ^1
nv,v,i\.. vynu Iiwilil It UISU WJIS 111 II1C
city and started to go to Buffalo,
ivhen lie was joined by one George
Duprec. On their way to Buffalo
it seems they got tired and both sat
down to rest. Both had a bottle of
dispensary. While they rested
Walsh went to sleep although it
was a long time before bed time.
When Walsh woke Dupreo was
gone, sj was his money, razor,
watch and other little articles of
less value that he had had in his
pockets. Complaint by Walsh before
the city council charged Duprcc
with stealing his money and other
things. Some of the stolen articles
were found in possession of Duprec.
Duprcc was found guilty of drunk
and disorderly conduct and a fine
of ?20 or 30 days on chain gang.
He is now on tins chain gang, and
so is Mr. Walsh, against whom
there was an old case standing ready
to be imposed and enforced. This
case should be fully handled in the
circuit "court. We are told that
there is a regular gang of fellows
who do not work anywhere and are
always on the lookout for a soft
snap, and the base of their operations
is between Union and Buffalo.
We are told that they use drugged
whiskey, give one drink and in a
few minutes the victim is asleep,
then they go through his clothes.
and when he wakes up lie is all
alone and empty pockets. A detective
force should In' put on to
look after this gang. Again we say
that this is one of the fruits of not
enforcing the vagrant law. The
town is full of vagrants and lawless
loafers. ^
Mr. H. P. Coker and His
Troubles.
It seems from the accounts we
read in two or three papers and
what we hear on the streets of this
city that Mr. II. I'. Coker has most
unfortunately for a man of his profession,
that is a teacher of lioys
and girls in the public schools, in
an unguarded moment affixed the
signature of a man to a paper without
the knowledge or consent of said
man, and thereby obtained a sum
of money from a certain bank. The
narrator of this account as it ap__
1 it - ? '
ix'iircd in H108C newspapers neglected
to state that the said H. P. Coker
had practiced the same trick
on the hank of Win. A. Nicholson
an<l Son as was stated he practiced
on the People's hank, and upon the
county superintendent of education.
Police Headquarters Robbed.
Sometime last Sunday night police
headquarters was entered, it is
supposed, through the front door
and all of the money which had
been taken in as fines, etc., and
which had been left in the table
drawer, amounting to something
more than a hundred dollars was
stolen. The practice of leaving
money in the office is a careless ono
to say the least of it. It will take
some sharp detective work to find
the thief in this case, liecausc the
person who stole it is likely to lie
one least suspected of doing such a
thing,
E88S Xsf 4 lo
A Great Many *
Readers of The Times |
savings accounts with this Bank, and we &
e there are thousands of others who would ?
accounts if the strength and other advantages B
? institution were clearly understood by them. p|
Ve want every reader of The Times to become B
ositor, and enjoy the absolute security and ^
Ibuusiantiai pront ror their savings which we offer. ^
Capital $80,000 Surplus $19,000
THE PEOPLES BANK, jj
The Bank That Pays 4 Per Cent. j?|
l-C O M E-"
I I am now ready to
I do your Repair
Work of any kind.
Also Horse Shoeing
UNION CARRIAGE WORKS,
I Next to Crawford, Aycock & Deaver Stables.
1 Bachelor Street. Phone 146.
. i i ? _
llli _ mm -r*
wnat s ine use
ss
doing without anything when you can do better
with it. If it happens to be a household necessity we
very likely have it, and never let the price stand in
the way. Have you been in our place? We'd like to
make your acquaintance. Drop in. Below is a list
of goods we carry in stock:
Oak Bedroom Suites, Oak and Iron Bedsteads, Bureaus and
Washstands, Sewing Machines, Organs, Trunks, Clocks,
Baby Go-Carts and Carriages, Refrigerators, Center and
Extension Tables, Bed Springs and Mattresses, Kitchen
Safes and Tables, Lounges, Window Curtains, Poles and
Shades, Tin and Crockeryware, Pictures and Easels, Lamps,
Bedspreads, Reed and Oak Rockers, Baby Chairs, Rugs,
Knives and Forks, Bread Trays, Coffee Mills, Brooms,
Sifters, Stoves, Sideboards, Hall Racks, and a great many
other things.
tlir II I l/r onrni I nnnrnn -
nc mnnc arLUlAL UHUtHS HJK ANYTHING NOT IN STOCK.
Buy one of our 36 pound feather beds for #10.00, pay #5.00
now and balance in Fall.
TURNER & MAYFIELD.
I New Furniture Store! I
H We have a few summer goods left we H
ii are going to close out very cheap, K|
such as Porch Rockers, Porch Screens, [j
Sand White Mountain Ice Cream H
Freezers. m
IT WILL PAY YOU I
to get our prices on these goods. We Q
I have a nice line of Matting, Rugs, [1
- Art Squares and Lace Curtains. H
COME TO SEE US.
Burris & Hilling. 1
x Watch Us Cirow.
asisafiMmfi?3saiM3Siiai?sa@0Kii