Indianapolis News, Indianapolis, Marion County, 28 November 1883 — Page 3
the Most Perfect Made: ft FMIFRWTICID BtlNN fOWDOL' Then is non* stronger. Hone so pen nd wholesome Contains no Alum or immonia. iw ned for y*art laamiftlan htm—. k* gnct etruigtt maktt H the cfitapist. tam/fy hef meet tkHcioui f*n>rt it by tht tst^jssss^^sSi m TEST OF THE OVEN. STF.F.T.E & PRICE, C&iMfOt JOL, *Md8t Louis, Mo. "TL fc *^'Ufug&\g , r.T5g t -* r : ***;+** WU MAKK WO ■■COHO OKAPK OOOPa. Bee the Faultless Square and - the Invincible Bound Base Burners
McOUAT ft WALKER’S, B,W (1 tad S3 W. Washington St
r
■ J * ,^%-V I'
IMPORTANT To Parents and Othere-The Orphans* Home. We-hare had a great Improvement In the health of our children by the use of Swift's Specific We had among the children some who had scrofula—notably one case in which It was rmnRAKABLT HIRIDiraBT. We got some of Swift’s Spedflo and gave It to this case, and In a short while it was cured sound and well It was as bad a case, I think, as I ever saw, and bad been undrr excellent physicians with no permanent benefit We have been giving It to all the children as a health tonic, we have four children and one at. mstress who, for yeafs, have Buffered Intet^ely every spring with emlpelas, and though thev had been taxing Swift's Specific only in small doses as a health tonic, thev all, without exception, passed through this aprlngtwithout a touch of the complaint. A young lady of the Institution, who has been with us for years, has been troubled with a most aggravated rasa ever since she was a ■child. She tried all the known remedies that are prescribed for it with no benefit; bat she has been cured by taking Swift’s Specific, and has bad no return of the trouble. It is such an excellent tonic, and keens the blood so pure, that the system Is less liable tocontract disease. All of these teachers and •children who are old enough to know agree with me in believing it lathe greatest medicine known. My faith in It Is unbounded, and I and my assistants take great pleasure in recommending H to every one. I can at all times be found at the Home, and will take pleasure In seeing or corresponding with any who Is tntersstedin the remedy. KEY. L. B. PAINE, Orphans' Home, Macon, Ga. Our treatise on Blood and Skin Diseases mailed free to applicants. THE SWIFT SPECIFIC 00., (S) Drawer S, Atlanta, Ga.
IBOOoakbtfr
ae sac and gleam aa when new. Onepoaai com as far as two pounds of any other stanfe. Unequalled In quality. Contains all the Ingredients used by lasndrymen. Samples free oa
appttmttoa to yoor grooer, or send to
R ft SOB, Sole Igeitg,
INDIANAPOLIS, INS.
► 0 Ilk
ARCHDEACON’S SPICED Boneless Figs’ Feet, IN SOLID FORM, Warranted to be made entirely of Pigs* Feet, boned, end oared in Wine Vinegar. Mkms, Ipetiziig ui YMoofte. Dtreotlons f or Its nee—It can be eaten cold eame ae heed cheeee, of which It M superior bothadtolavoraad material
FRIED.
ilck shoes, roll In floor, rolled omafe-
meal, aad fry dry-
ON TOAST.
nice In thick •nor com
_ ta q amoe pan, adding a nttle water to thin tt, pour on dry toast. Serve hot Pro- - in tUi manner tt la very delicate aadde-
. by >11 Propers and Butchers.
AYER'S Ague Cure I* Warranted la eve an cease of mate dEW.vnh vJtovr aad Agae, tatarvte ksat v OMD Pem, NMriteaat VemF. D«vh Agaa Bflloas Wemt aad Liver Oom^Jlsl ft £»ef feOva. after dae Wal. deal**anmVorteed, by oar iWnalat ad My M. m • "TTdjrai i cs. tmi, am •eUbraflOvaartM- d*W
THE INDIANAPOLIS NEWS, WEDNESDAY, NOVEMBER 28,1883.
PITY NEWS. RarWOBrer has been divorced from John
uuver.
George W. Stubbs end family hare removed to Durango, CoL Thomas XcNerney’s eon fell from a fence yeeterday, breaking a leg. Judge Taylor has overruled the motion for a new trial In the Hayden-Panbandle caee. The Fletcher Place church people will bold a jnbilee, this evening, over the first 100 conversions. trank Lehman, of this city, has Joined Thatcher, Primrose A West's minstrels ee a “first part” vocalist. Mis. Byram living on the Rockville road, west of the city, fell from a wagon, yesterday, breaking an arm. Ricfaard Sceets was returned to Shelbyvflle, Illinois, to-day, to answer a charge of stealing a cample caee. Mm. Angle C. Newman will speak at Central Christian church, corner Delaware and Ohio streets, this evening at 7.80 p. m., on the subject of Mormoniam and the condition of Mormon women. Admittance free. John J. Parker and Jennie McDonald were refused a marriage license yesterday, the bride having been recently divorced, and the decree of separation carrying a prohibition against re-marriage within two years. Plowman A Riggs, commission men, have made an assignment to Smith H. Myers. Assets, |7,000. Liabilities unknown. Among the outstanding accounts is one against Edgar L. Plowman, senior member, for A girl named homoerger, aged 11, residing 71 Maple street, last evening feU Into the cistern, over which she was trying to replace the board covering, and but for the promptness of James Falln, she would hare drowned. The SUte Veterinary association, before adjournment, yesterday, resolved to petition the general assembly to pass a law requiring veterinary surgeons to possess a diploma before practising In the state, or else pass an examination. Dm. Elliott, Navtn and Pritchard were elected delegates to the national meeting in Chicago, December 12. The Light Infantry reception and Inspection. last night, at their armory, was attended by Hie governor and staff and a large number of mends, and after a thorough inspection of arms by Gen. Carnahan, the company was put through Its paces by Captain Koss, and gave s remarkably good drill, than which nothing handsomer can be seen In the state. A .dance followed. CIT1ZKNS’ KKKTIMG. Action In Reference to Holding the National Republican Convention nt Indianapolis. The meeting of citizens at the Bates hoose last evening, to consider the advisability of holding the next national republican convention in Indianapolis, was well attendee^ about fifty prominent citizens, some from different parts of the state, being present. The meeting was called to order by A. D. Lynch, president of the Board of Trade and it was determined that the meeting should take the form of a state organization on account of the presence of so many gentlemen not citizens of Indianapolis. Mayor Grubbs was chosen chairman, with Charles L. Holstein, secretary. Judge Martlndale presented the following resolu-
tions:
“At a general meeting of leading business men at the Bates house, in the city of Indianapolis, on the evening of November 27, In conjunction with the governors of the Board of
Trade.it is unanimously
‘•Resolved to petition the national republican executive committee to fix upon the city of Indianapolis as the place for holding the republican national convention of 1884. That In doing so this meeting assures the committee that the hotel accommodations will be ample for the comfortable accommodation of the people who may attend the convention, and that a hall of ample capacity will be provided by the people of Indianapolis In which to hold the convention, and that halls will be provided for the several state delegation t and committeerooms. all free of expense. That a committee, consisting of John C. New. W. Q. Gresham, Stanton J. Peelle, W. W Dudley and the Indi ana delegation at Washington, is hereby appointed to present toe claims of Indianapolis and urge upon the national committee the advantages and importance of holding the convention in this city. That in case the committee fix upon Indiunapoli t as the place of holding the convention the chairman of this meeting Is directed to call a meeting of citizens to organize and appoint the necessary committees to cany outtne pledges herda given by providing
for said conveutioa.” ■
Judge MartindaleT in speaking to the resolutions, said he bad Investigated the matter of hotel accommodations, and that the hotels of the city could accommodate from 12,000 to 15,000 people, exclusive of the boarding houses. This statement was made on an ertimate of forty hotels In the city, and that three were able to accommodate 3,000 people, and eight or
take care of from 400
ten could each
to 500. Gen. 8treight thought Indianapolis could take care of the convention better than Cincinnati did eight years ago and than Chicago really did in 1880. He said that those who own large houses must open their homes for the accommodation or guests. He also said that business men must go down into their pockets and contribute liberally; that no tcn-dollar subscriptions would do. Mr. Mitchell, of the state board of agriculture, said the exposition building would be placed at the disposal of the citizens’ committee, free of charge, if deemed desirable. Hon. John Overmeyer, of Vernon, General Grose, of New Castle, and Mr. Ofay, of Noblesville, pledged their respective localities to assist in entertaining the visitors. At the suggestion of Colonel Holloway the names of Senators Harrison and Voorhees were added to the committee appointed by the Martlndale resolution, which was then unanimously adopted.
Amusements.
TIIE JEFFERSON ENGAGEMENT. A dispatch from Peoria at noon to-day, announces that Mr. Jefferson is confined to his room, and will not be able to appear again this week. If this is the case his engagement is cancelled here, of course. The Duff opera company will play to-morrow afternoon and evening. Tire DUFF OPERA COMPANT. Probably the strongest comic opera company on the road Is the Duff organization which appears at Dickson’s Opera House to-night. It is as large again almost as the Abbott opera company, having over fifty members, and its chlei singers are among the best there are. George Me Creary and Ryley, who was the original “Bunthome" in this country, and Signor Campobello are among the meu and Emma Juch, Sarah Barton and Marie Con • ron are among the women. It U the original troupe as It appeared at the Standard theater, New York, and Indianapolis will miss a splendid and amusing performance If It does
not see this one.
LITTON SOTHERN AT ENGLISH'S. To-night Lytton Sothern. who. It is said possesses all his celebrated father’s genius and has a good stock of his own, will open In “Dundreary.” The critics, who are not quick to praise a mere Imitator, say that he Is fully equal and in some superior points to the elder Sothern, and warmly commend his acting. His bills during the week present a great varlely and show him to be a
versatile actor.
THE LECTURE COURSE.
The next entertainment in the Indianapolis lecture course will be a lecture by the celebrated John B. Gough, at Masonic hall, on Monday evening. Tickets at PfaflUn’s, two days In advance of the lecture.
OLD SOLDIERS' BENEFIT.
Prof. Atklick Smith, after five years of seclusion and study, will give a concert at the hall of George H. Thomas Post, G. A. R., corner of Delaware and Court streets, to-morrow evening, for the benefit of old soldiers. The program contains twenty-one numbers for the violin and cornet, including such gems as selectloi **THHs* RckhAmian fUrl** Add 44 TV<vcr
!» »l
from tore.
’The Bohemian Girl” “Old Folks at Home,’
TMe Tuateitel mt BqpM'M > fts Bailor at the Isimn—nhsHews. What shall bq done with Fog
Pogue's ran?
qfrest ioa of the times. Gerontffied, the Napoleonic drn and tx “ * *
to eight hun-
rlll lower tbe stream at this point eby greatly increase the velocity of mt above. It Is self-evident, if the
tofteMMrerflMft What shall be done
i to be the
hasbeea
nasty has falleB bad become well-nigh extinct, bat this grave problem remains un-
solved aad unaoivable.
One says tare it into Fall creek, aad another Into Pleasant run, another sewer It, and still another, not leu wise, quite as feas-
ibly wants it bottled up.
Before the yean '47 or ’48, when the first straightening was done, this creek ran in a small, crooked channel, haring not one-half or one-third the capacity of the present ditch, and every heavy rain it overflowed its banks a width of from one hundred yards to onequister of a mile or more. In January, 1847 ft nearly reached Washington street at the crossing of Pennsylvania street. While the making of the present channel has done ranch to prevent damage to adjacent property holders, the evil is not yet wholly re-
moved.
Several of the plans proposed would cost, directly or Indirectly, In the way of damages not leu than from five t dred thousand dollars. This large expenditure would Involve heavy taxation, and only a few, who have put their buildings where nature never in ■ tended a house should be built, would be more or leu benefited while the prosperity of the whole city and its inhabitants would seriously suffer. The annual interest on the proposed expenditure would more than cover all future damages, If matters were left as they
are.
It seems wise, before attempting anything so costly, to- try leu expensive measurrs which cannot fall to give partial. If not entire, relief. If a trap, or flood-gate were placed where the Washington street sewer reaches the run, large enough to fill the sewer to its utmost capacity under a water preuure of ten or twelve feet, it is more than probable no flood in the future will overflow the street and arches just below. Again there la a sewer on South street, crossing ten feet beneath the bed of the run just below the Union depot. Let a similar trap be made here and with the
preuure u] draw off a which will and there! the current
rapidity of tbe current can be doubled, one half the ditch capacity will effect a given amount of drainage,—this merely to Illus-
trate.
It la well to remember while the sources of the sewers are within a mile or two of their mouths, the source of Pogue's run is six or eight miles off; consequently, after a heavy rain, by the time the run gets to its fullest the sewers have become comparatively empty, and ready to take in its surplus
water.
Any one can verify this who will take the trouble to visit the exit of the Keutucky avenue sewer during the height of the overflow. Finally let all obstructio is caused by railroads be removed, and, as a sanitary measure, let tbe bottom of tbe run be excavated in tbe center, in trough shape, and bowldered and cemented. And if the current does not keep it clean, let the city attend to it as to the streets. The doing of all this need cost but little, comparatively, and most probably will afford entire relief to adjacent property holders. ^ t Now la the Time to Buy. To the Editor of The Indianapolis News: In the art loan exhibition now about to close there is offered to the people of Indianapolis an opportunity of purchasing paintings by some famous artists, under favorable circumstances which are not likely to recur. The selection of pic tares exhibited has been most carefully made, first by the artists themselves, who would naturally send to a new field only their best works, and then by the committee* 'We have right here at our own doors the best works before us from which to choose. More than this, the future of art In this city depends upon the sale of some pictures here. Artists will not again favor us with this opportunity If we only look at their work, compliment It and go on our way. Now Is the time, next week we must go to New York for the same advantages. It is hoped that the art lovers here, to whom we owe so much, will meet with some recognition, and that now, at the eleventh hour, persons will come forward to retain at least a few of these treasures at home. The salefwlll c‘o;c permanently Friday evening. E. F. Hodges, Nov. 28,1883. On the sale committee. Supreme Court. The following cases were decided Monday, November 26: KOTKS PAYABLE IN ANOTHER STATE—DEFENCES. 10,883. Nelson Fordyee vs. Lewis C. Nelson. Daviess C. C. Affirmed. Bicknell, C. Where a note is owned by two an assignment by one of them of his half of the note Is a good assignment in equity. (24 Ind, 418.) In an action by the Indorsee against the maker it is not ne< essary to set out a copy of the indorsement. 18 Ind. 86; 56 Iritl. 296; 69 Ind. 477. Notes are
are mode payable.
105.) Where
Ind.
lie place
(15 !• d. 33; 20 Ind. 94; 61 notes were made
uial paper, they will be deemed commercial paper, and In tbe hands of a bona fide holder for value, acquired before maturity defences by^the maker are cut off. (69 Ind., 175: K. S. 1881.) Our statutes sections 55) 34,5and6, do not govern notes not payable at a bank in this state, where such notes are payable In another state. NOTES—JOINT MAKERS—RELEASE— 10176. WIillam B. Walls et al, vs. George W. Baird. Boone C. C. Rehearing denied. Franklin C. The opinion In this case did not hold thU Walls was released from the note by Lane’s release. The opinion expressly says that “we do not consider that these questions are w&l presented. Appellee has assigned no cross errors; appellant Lane has declined to nnlte In the appeal; and we do not see that Walls has any right to complain of no personal judgment having been rendered against him on the note.’’ The question as to WaH's release on this note 1; not presented or decided. Lane declined to join in tbe appeal and that took him out of the supreme court. As an appellant he had a right to deolina and his co-appellants had no power to hold him In against ms wish. INrANCY—PLEADING—rNSTSUC-nONS—PRACTICE. 10191. James Dodd vs- Charlotte Moore. Monroe C. C. Reversed, Zollars, J. [1.] In actions by an infant, the complaint is not rendered bad by a failure to aver the written consent of a responsible person to act as next friend, nor for the want o’ afl aveiment of plaintiff's Infancy, (46 Ind., 897.) [2.1 Where the court was asked to Instruct the jury in writing, before reading the written Instructions furnished, made an oral statement ae Vvl u i v\ f i rif teo+Ait nt A
irp, ana i win reau mem nrai, aim j reau mem as the law.” This oral remark does not amount to as instruction within the meaning of the
struct ’ the jury In writing, that he has been asked to give written Instrue-
Jury, as they may r gard tbe connsel on the one side or the other. [Al The court instructed the Jury. • The weight which yon give the testimony of a witness, depends on the interest which such witness may have iu the result of your verdict. You therefore give such effect and fi rce to the testimony of the plaintiff and defendant, as you think would be proper in view of what may be at .stake to the_p)tilntlff and to the defendant respectively.” This (nstru *tlon was erroneous. The weight to give to an interested wiuiess Is a question of fact for the Jury, and this Instruction Invaded the provision of
tbe Jury.
‘Trova-
,, , w-st Rose pf Summer,” “Old Fashioned Tunes,” “Love Not,” and many others of a senti-
mental and comical nature.
THE MWNNERUHOR
Will observe Thanksgiving day by treating their members to a musical soiree to-morrow evenlug, at the reception room of the society. The following will be the program: Part of tbe opera of “L’Klistre d’amorn"
Donizetti
Solo and chorus. Aria, “Martha’’ Ftotow Mr A Heckler. Song. “Scheiden and Leiden” ..Uieron Trnhn Mrs. Ph. Wuest. Piano solo, “La Consolation” .Dusseck Mr. WUham Kipp. \ Duet, “Martha’* Hotoe* Mrs. Pb. Wuest and Mr. A. Hecker. “Parting’’ Male chorus.
\m
Barbara Hoes vs. Franklin Allwetn.
rC. C. Reversed. Zollars. J.
MORTGAGE POWCLOSr BBS—gEl'IlEO UP LIENS.
ft ■Mel S
itley. MftflHBiHH
The facts in this cane were, briefly, that Jacob Hoes and wife In January, 187«, executed a mortgage to Tbre*a Winter. Prior to September. 1873, Boss bad executed to one Ulrich oert In notes secured by mortgage 45h different land than that mortgaged to said Thresa. Nix became snretv for l lrich who assigned one of tbe notes to him asrollatteral. Ntx afterwards foreclosed the mortgage and bought In the mortgage land for a sum fully inderauifylng him and leaving a balance standing against Boss. Theresa Winter brought suit to foreclose her mortgage and made all ot them parties naming them as junior lien holders. Ulrich answered that the mortgage of said Thresa was fraudulent and set forth the judgment recovered by Nix. The jury found In favor of said Thereea against all the defendants. She received a sheriff’s deed for the same, and afterwards died, and the appellant as her sole
that ft ta alien on the real estate trior to the Wlnhsr mortgage. (83 Ind.. B4,- M buL, 573.) CTEMBIUTT OP NlfNEBS EVniEHcm. HTML Wm. W. Woollen vs. Price S. Whitacre. Huntington G. C. Affirmed. Hammond, J. It Is sreor for the court in im tractions to •ay or Intimate to the jury, that any dreumstacoe or fleet should be considered by them to
or Indirectly, that such things must, as a mat ter of law. be regarded m determining the question of credibility. <56 lad., 456: 56 Ind., 179: 70 lad., 181; Dodd re. Moore, 1G80L Nov. 20, 1888.) The appellant offered to read in evidence before tbe jury, tbe testimony of the appellee purporting to have been given on a former trial, and saved by a demurrer to the evidence. The bill of exception* does not show that the npelfamt proposed to read to tbe jury the evidence of the appellee, given at a former trial, from a record of the court. Identified, r roved or admitted to be the demurrer oontahrng such evidence. The court properly held it incompetent. The evidence of a witness not deceased, and who is not a party to the suit, given at a former trial la not admissible, except for tbe purpose of Impeachment. And for the purpose of impeachment, where tbe witness Is not a party to the suit, a bid of exceptions purporting to contain his testimony at a previous trial is not admissible In evidence. (46 ind.. 568.) TAX DEEDS—RECITALS—EVIDENCE-TtTLE. 1C904. Frank M. Millkan et ux. vs. William A. Satenson. Howard c. C. Affirmed. Hammond. J. Section SS4 of the statute (1878) provides that the tax deed shall be in the form therein given as nearly as the nature of the case will admit, end that it shall be conclusive evidtnoe of all tbe facts recited In tbe dejd. This comprehends facts In tbe deed where it follows tbe statutory form. If it recltis facts outside of this form, it is not as to such additional facts, either conclusive or prims facte evidence. A recital in the tax deed that the owner of the realty had no personal property in the county out of which the taxes for wblcn the land wa< sold could be collected. Is not in the form prescribed by the statute and is no evidence of tbe fact. To prove a valid tax title it Is necessary to show that every material requirement of the law ta every step necessary to be taken to authorize the sale, had been stric'ly complied wkh (Blkf. 36; 4 Ind. 1S2; 25 Ind. S3.) Taking the fhets recited in the statutory form of a tax deed as conclusive, there are still many other important facts which must be proved alumdl to establish title. ■oumr CASES—TBtALS EY -TCBY. Ic476. Peter Carmichael vs. Benjamin F. Adams et al. Monroe C. C. Affirmed. Ediott,
J.
The provision of tne constitution which declares that “the right of trial by jury snail remain inviolate” does not enlarge the right but simply ordains that it shall remain as it was when the constitution was adopted. It preserves a right but dees not extend it. A suit to foreclose a mortgage was of purely chancery jurisdiction when our constitution was adopt ed, and a suit in which there was no right to a trial by jury. The provisions of the code, of 1881 coi cernlng the trial of equity causes are coLstitutlonah and do govern suits to foreclose mortgages. Where a court of equity has obtained jurisdiction over some portion of or feature of a controversy it may. and will in general, proceed to decide tbe whole issues, and to award complete relief, although the rights of the parties are strlctlv legal and the final remedy is of the kind which might be conferred by courts ©flaw. tPom. Eq., sec. 231; 25 Wls.. 679; 50 Mo., 161.) In this case, the court having acquired jurisdiction as a suit in equity, was not bound to divide the suit, and try each separately, one part as a matter of law. and the other as a matter of equity. It was proper for the court to find tbe amount due on the note
ta foreclosing the mortgage.
STREETS—IMFLIBD DEDICATION—INJUNCTION. 10921 William Faust vs. City of Huntington. Hurtiagton C.U. Affirmed. .Elliott, J. In this action the appellant sought to enjoin tbe eppellee from improving a street. The complaint shows that the corporation had not acquired a right to the land by grant or condemnation proceedings, but it does not show that there was not a dedication of the land to the public use. If a land owner by open and vist Die acts uneqaivocally indicates to the public and citizens that he intended to and dul throw open a street to the public and citizens and the public have acted on the faith that there was a dedication, the law will treat the acts of the owner as constituting an unvocable dedication. In such cases there need be no grant. Tne principle on which implied dedications rests is that which und rib s the doctrine of estoppel in pais. (96 U. S. ?16; 7 Ind. 644; 36 Ind. 833 ) The acts of public officers are presumed to be
' Is made t to show e officers
proposing to do a wrongful act. This the complaint failed to do it failed to show that there was no implied dedication. When there is an intent to dedicate clearly manHcsted and the public have used the way, then the pub'.L-s right will vest although a much shorter period than twenty yetrs have elapsed. No particular t me Is necessary for evidence of a dedication. If the act of dedication be unequitocal it may take place immediately. (2 Dill. Minn. Oorp. 3rd Sec. 638; 10 Ind., 219; f6 Ind., 177:78 Ind., 9J.) FRAUDULENT CONVEYANCE—PLEADING—qUIET
INQ TITLE—LIMITATION.
8168. John G. Eve re. Julius Louis et aL
Flovd C. C. Reversed. Black. C.
This action was by the appellant to foreclose a mortgage. The notes and mortgage were executed oy the appellee Ksslngton to one Frisble, who ass’gned them without recourse on Mm to one Tryphanna Gresham, by whom they were assigned to her daughter and by the daughter to the appellant. The appellee, Julius Lonls, Was made a defendant as a junior incumbrancer and filed a cross complaint, in which be set up that tbe land had been owned by one Robert Gresham; that it had been sold to Fi Isb le on execution on judgments against Robert and that It was agreed that when Robert had paid Frisblethe amount due on the land he would reconvey It; that before the 25th day of May, 1667, Robart bad fully paid Friable and was entitled to a reconveyance that before said date Robert was Indebted to the appeilee. Louts, on which he obtained jadgment, which would at once have become valid Henson the real estate If tbe same had been conveyed to the said Bobert, and “which he was either utterly unable or unwilling to pay or satisfy” It is averred that as a scheme to defraud Robert’s creditors Frlsbee conveyed the land to flsslngton, who executed notesta suit and a mortgage securing them, and Eatington assigned them as a part of the scheme to defraud Robert's said creditors, and the mortgage was void as to them; that he had purchased the sa d lands ou his judgment against said Robert and was in possession; that the assignment of notes to appellant and the several assignment of them were made without payment of any money and In furtherance ie scheme to defraud Robert’s creditors. Where the complaint in an action to quiet title Is sufficient, and there is au answer of general denial with a special paragraph
' >es not state a sufficient defence. It will
if gene rhich di
be substantial error to sustain a demurrer to such special paragraph. If the special paragraph state a sufficient defence it will be error to sustain a demurrer thereto, but it will be a harmless error for the reason that under the ral denial the defendant can have on the
general tiial tbe
denial the defendant
1 tbe full benefit of all facts constituting his special defence. (38 Ind.. 460; 75 Ind., 207.) The only allegation of the cross complaint as to the financial ability of the debtor to pay in 1867 was that he was either utterly unable or unwilling
- ■‘“■■ 'ments then ex-
lading was had
ssity forre-orting to
the real estate because of tbe debtor’s Want of other property. Where a debtor conveys his property to defraud his creiiters. though upon a secret trust for his benefit, the conveyance is simply void as to the persons sought to be defraudea,though it is effectual as an absolute conveyance as between theparties thereto. When Gcesham, to defrand ms creditors, ca tsed the leffal title to be conveted by Frubleto Kssington the case became one of a conveyance fora valuable consideration made to one person, the contidei atlon therefor being paid by another. Where
consideration made to one person, the contid-
byanott
the creditor. Instead of first causing the land to be sold on his execution, attacks tbe fiaudulent conveyance and seeks to subject the land to the payment of his judgment, he roust show that at the time of the execu ion of the conveyance, and at tbe time of the commencement of snon suit, the debtor had no other property subject to exec at ion suffl dent to p«y hUt debts, end no distinction Is made as to this requirement between the case of .a conveyance made by the debtor himself, and tbe case
rchase bv him and conveyance to another, tts Ind,, 524; 51 Ind., 336; 62 lad., 108; 72 Ind., 12) where the Und 1s subjected by execution issued
on the judgment, tbe purchsser acquiree through the sale and conveyance under execution theHtie to the land. But the -fraudulent
! pu
__ ay: or a salt to quiet his title la s -eh action as an Incident he mu-t attack tbe fraudulent conveyance. which obstructs the title therein set np by him and the burden lies ou him to show the fraudulent conveyance. (3 Marie,, ail.) It is therefore necessary for him to show that at the time of the exe- atfon of that conveyance and at tbe time of the tale on execution, the judgment debtor did not have otner property subpay his debts 0 IB regard to ■ ■ HI ie J ad ament debtor the crow complaint waa>ot sufficient.The cross complainant.as purchaser under an execution sought to quiet ms title. HU tisbt to recover possession accrued when he received that title and would continue for twenty years from that time to have bis title quieted, If out of possession, his right to recover possession most not be barred by time. (27 Ind., 263: 12 Ind.. 104.) At any time for twenty years after the occurring of his right to recover possession, he, If still out of poem salon, had a right to have his title quieted against any adverse invalid claim of title or Interest asserted at, or within fifteen ■net If either of Ae puritgragM of tnlaesse was ta proper form (or the of any period of limitation to an *c t title, the period of six years was not applicable.
nron.
Dally
Msg art.
The feature of to-day's market Is the activity In poultry and other produce. Turaeya are steady, notwithstanding tbe great oueUnght made upon them. They sell to consumers at 18c for full dressed. Dry goods are as quiet as they could well be, not to be deed. ConcessionIn price have failed to encourage buying, aad dealers are now holding to fall quotations. There k much speculation in groceries as to what the records of the year's trade will show after January first. More attention to given to this than to the army of salesmen eastward and homeward bound. The indifference of buyers causes tameness In all departments except those intimately connected with the holiday season. Confections need, ta addition to glucose, good sugars to make them toothsome, and this Increases the consumption beyond the usual wants, and strenghtens tbe market. The visible supply of coffee to 800,200 begs and it is not likely that the country wQl suffer for a good crop of this great stimulate. Yet the greedy speculators would hare one believe that there is reason iu their work of putting np prices. Long ago dealers learned to be cautions, and tt matters little to them how the market goes, as they hare neither taterast in or sympathy for this grand speculation of two
Americas.
Dbt Goods—Prints. American Alton Arnold’s •MciBerUn, solid colon W4c; Gocheco. «^c; Kddy
Harmony. 5c; Manchester
(tone, fancy.
Pacific,
t»ncy, SWc; Hamilton, So Washington Turkey red, 8C;
■ ter prints, SMe. Brown sheet
6c; Dwlpht Anchor, 86 Inches 8Me; GranltevtUe E E, «uc ; Grmattcviile L L 6c: Indlut OrcfcArd. 81 imebm,
.. . Blsckstqne A A, 7He
10c: Prottof HUi’s Semper
hvmeSc
Knight’s Lonsdale,
w j*®. » tacnen^c^Hopja jgg
«Tnc WbIt!M
fourtlii
l*«ci
brocstelt,
MI)
Gingham. Lancaster. 8c.
common
ellow.
Arbi
SxL
Molasses and; syrups—New Orleans molasses, nsw crop, 55e<3c sorghum, 13c; medium syrups, 32c choice. iStoSSc; maple. Vermont, TOci Rock. 80c. Manlo honey, 31.06: smaller kages Sc higher. Starch, SH3Mc. Lase salt
sr load; $1 25&1.30 in small quantities,
Cheese, .UStoISc- Coal oil.
psc IU Ulc.
il.13fel.l5 per car load;
Jce. Carolina. SXOSc. 10H@lG4c. according to
(Tanned Good*—Blackberries, Sl.10ai.15. Beans string, 80S06c. Lima standard, 31.35; soaked. 10c. Blueberries, 31.15. Cherries, red, 2 lbs, (l.TSiglJO. Lobsters, 1ft, 31.70ai.80. Mackerel, lib,; 313091.35. Oysters, full 11b, IlSiaUO; 2»s 31.9091.95 light lib, " ;08c, 2lbs, 31.1U91.20. Peaches, standard. 2 lbs.
Foreign » Burrs and Nut*—Mala** 7.10 per bbl; bananas, 31.25*3. ~ ' ns, London layers, new, 37.7092-
'COCA PLUG 1 TOBACCO Not Injurious COCA is a leaf that grows In South America, and is the finget food mA tonic for the nervous system known to the medical profession. Whan combined wfch Tobacco it counteracts the Injurious effects of Nicotine upon tbe human system; which fact to certified to by the highest medical suthority. “COCA PLUG” ie manufactured of thoroughly ripened, well cured, and carefully selected White Burley leaf tobacco, combined with Fluid Extract of Coca, making “COCA PLUG” a finer flavored, tougher and richer chew than has ever been made. The experience of many aenerations In Sooth America testify to the value of Coca ae an excitant to muscle and brain, aiding the working man to perform more labor as well as preventing exhaustion to the nervous system. Probably In no way could this plant be presented to men of activity more successfully than associated with tobacco. In my opinion it will not only meet with acceptance by those who use tbe weed, but will prove a boon to them. R. OGPEM DOREMS, M. D., LL. D., Professor of Chemistry and Toxicology, In Bellevue Hospital and Medical Col ' lege. New York. For sale by all Wholesale and Retail Dealers in Indianapolis, and Indiana. DRUMMOND TOBACCO CO„ St. Louis. I consider Coes an excellent nerve tonic, and its valuable restorative powers are well known to tbe medical profeaslon. There can be no doubt in my mind that, combined with tobacco, it greatly obviates the well-known depressing Influence of that powerful and poisonous agent.. J. K. BAUDUY, M. D., LL. D., Professor of Nervous and Mental Diseases, Missouri Medical College. DRUMMOND TOBACCO CO.. St. Louis.
REAL ESTATE. We have some fine bargains in Improved Property, taken on foreclosure of mortgage. BARNARD & SAYLES.
tn,w,f
PAPER
INDIANA PAPER COMPANY, Manufacturers. WM. O. DiVAT. Agent, No. 28 Bast Maryland St. * The paper upon which The News to printed is fnrntobed by thtoCompany.
D. CRANE, M KA0T WASHINGTON 8TRBKT.
I am new prepared to fit any kind of Catamel Near Bight and deranged vision at a leas OQft than any one ta the state m.wj
amUBBSSNHTB.
>yer*. new. 32.7093-30: Muscatel, doable ttWBS.OO : Valencia, Et$913c; prone* mts, 6>*97!4c: Leghorn citrons, 1994)0;
boxes: Persian. 7)4980;
bos
eraeo
1 pet
Bolt aimouds Tt
new Brazil nuta, 12)4
toble, 169
ttai Brt
wslnuts. Gre
illc
Hew Mess!
Flor'da. 34 U‘94.50; 310 per bblnfa, 21922c; Xvlca, 20921c; 913c; new filberts, 12913c; 17c; French, 12c; pecans, we
nut* white Tennessee.. 8)4»s>4C; Virginia, 10911 cccranntt 36.00 per hundred: extra large, 3797JO. Leading Dri gs.—Morpmne, 33.2593.40; quinine, 31.8591.90: ciDcbonldls.S09.S5c: borax, lie; camphor, !r<»8Sc; alcohol. 32.2592.90; sssafastlda, 30935c; alum, 4Ljc: chloroform, 31.009U0: copperas, per barrel, 38 50; cream tartar, pure, 33910c; cantor oil. 31.159 1.50; oil bergamot, per pound, 325093.25; soda biro.. — ■ ' m
3®6o: salt-
29930c: linseed
SC; Iodide
y steers, 714c; gri
7419?c green salted csi: •alt hides. 10c; damsi
ai-ove price*. NO. 2. Sr,
bite. Sr.
a calf,
f. 12c; dry 1
or bull,
green sal tea
flint hides, 12c: dry
ged or bull, two-thirds of the Pelts—Wool. 90c- Tallow—Prime. 6)4
yellow;
Grease—Brown, 5c;
5Mu;
muskrat, 5919c; No. 1, large, dark large. <iark. 7 5c; Leatheb—U*K at 219
Cotted sod burry, according I
Miscellaneous Produce. extracted. 9911c. Grapes, Ron
~ iber J
. tries, Wls ipe Cod. *11.00912 00.
193 75-. cooking. 33 0093 50 per bbl. 90c93l.00 per barrel; 80 bushel. Chestnut*. X1.C093 50 or? nuts, 40900.2 per bushel. Cab-
.1.7592.50per barrel: Cider. 37.0097.50 per barueana.ha.ndpicked.navy,32.6592. 75oer bushel: medium, 33.7592-®- -’*•—"**♦ ‘
itatoes. Kentuck:
_ oes,
930c per 1 ashel. Hlcki
marrowfat. 33 2593.50. Sweet
potatoes. Kentucky sweets, 33.0093.& Maryland Jerseys. 34.0094.25 per barrel; ngtodelpbla Jerseys 35.26^5.50. Celery, 85940c; Onions, 31/092JW per
barrel. Spanish, 35.00 per case.
Eggs, Butter, Poultry »nd Gams. Shippers’Prices:~Eggs. 24c: selling from store at 2Sc. Butter, creamery, 30932c; dairy, choice, 1*9 aOcs extra, 22924c; country, choice, 15c; selling from stole st 17913C; common, 14915c. Poultiy—Hens, He per pound: roosters. «ci young eblekens^lO;
ducks. 33.00:
ns sell of 8-4091.50' oer doien , 32 0092.'0 QU»Ui lt.00%1.25:
75C931-0O; rabbits
cozen;
QUnlli 11.0091.24: squirrels, TScJVenlson, 14c per pound.
Coni and Ooka.
32.75 per load. _________ Grain In Sight. Chicxso. November 88. —Chicago elevators, as per official returns, contain D.OW.IC-i bushels of wheat. 878.479 bushels of corn. 286.159 bushels of oats. 12806,683 bushels of rye, and 171,783
Milwaukee warehouses are stored with 1,379,020 bushels of wheat. 28.20s bushels of com, 10,206 bushels of oats, 22.229 bushels of rye, and 297.201 bushels of barley. Grain ta sight ta the United States and Canada on tbe 17th instant: Wheat. 81.405.217 bushels; corn, 9,198.826 bushels; oats, 5,478,359 bushels: rye, 2,877,229 bushels; barley, 2,758,185 "Dr. Benson's Celery and Chamomile Pills era a blessing to me.” L. M. Veazle, Charlestown, -r —
DICKSONS’ GRAND OPERA HOUSE. GEO. A. DICKBON Manager. The Best Located and most Popular Theater In the State. ONE NIGHT ONLY, Wednesday, November 28, 1 nly appearance in Indianapolis of the Duff Opera Company, Mr J. C. DUFF, Director, comprising the following eminent Ivric artists: Misses Marie C’onron. Emma Juch, Sara Barton, Maria Barton, Rosa Cooke: Messrs. Geo. Sweet, J. II. Riley, L. A Phelps, Wallace McCieery, M. Lent and Signor Euriee Campbeilo, full operatic { chorus and orchestra. Director of Music and 1 Conductor, Hgnor A Tomasi. The Opera selected for the occasion is Lecoq’s popular work, "HEART and HAND.” With the orU inal cast as at the Standard Theater. Ne W > ork. Timrsdv. Friday, oaiuiuay. and Saturlay Matinee, Nov. 29 and 3 >, and Dec. i. commencing Thursday (Thanksgiving) Matinee, Mr. Joseph Jefferson. "RIP VAN 1 WINKLE," "CRICKET on the HKARTH,” and "THE RIVALS." r^ Sale of seats for both attractions now ptogre-sing at tbe box office.
GAS STOVES.
DICKSONS’
PARK THEATER.
00
C/3
THE GREAT BERMAN REMEDY . FOR PAIN. Mineral—ff if PHterni * Neuralgia, : ___ Solatioff, Umbagoy BACKACftft. A BUTuntT^wkWHinw^ SOKE TNMJV QUINSY, eWKLUNlft, 7BOBTBITKB, _ ■mum, SCAU9, * ; And all other bodily achse end peine. nrrreun«tomt jsss-sssesvi languages. The Charles A. Vspetor Ce. 9mm. <• a. vooelsa e om -- - - -
LUMBER.
it H. ELORIOGE l CO., Ilfltatt ttmt, Cw. Martini
ONE WEEK, Commencing Monday, November 26. Matinees Tuesday, Thursday and Saturday Afternoons. Attractions Extraordinary. BOSTON ATHEHMI SPECIALTY CO. Look at the Time Table: KAXIS. TIME. Walton and Edwards 8:03 p. m. Little All Right 8:15 p. m. Lester and Allen 8:23 p. m. Henshawand Ten Broeck 8:40 p. m. Four Musical Kings 9:00 p. m. Miss Maud Beverly 9:22 p. m. Kelly and Murphy 9:32 p. m. Three Russian Athletes 9:44 p. m. C has. Fostelle, “M®. Partington” . .10:00 p. m. The last number Includes three scenes running until 11 o'clock p. m. ENGLISH'S OPBRA HOUSB. WILL B. ENGLISH.. .Proprietor and M*nag« r. The Largest, Best and Most Popular Theater in Indiana. FOURNIGHTS. Commencing Wednesday, Nov. 28. with grand Thanksgiving and Saturday Mattness, engagement ot the brilliant young aotor, MR. LYTTON SOTHERN, Supported by the Sothern Comedy C6mpany. Wednesday and Thank salving evenings, also Saturday M itinee, “LORD DUNDREARY.” Friday evening—double bill, DAVID GARRICK and REGULAR FIX. Thanksgiving Matinee and flatuaday night— BROTHER SAM and NERVOUS MAN. lav Usual prices. Deo. 3, 4, 5, MARK PRESCOTT as CZBKA.
CP WITH THE TIMES I"
GUES8ERS, A’HOY! A Great Chance for a Good Guesser. A $500.<& Gift! Now on Exhibition at the PARK THEATER CAFE.
Black Trotting Horse, “PARK," Side-Bar Buggy, Silver Mounted Harness, Robe and Whip, to be given away New Year's Night to the tacky guesser of combined weight of entire outfit. Conditions: Any one purchasing a 303 or box ticket to the theater, or SOc worth of supplies at bar. shall be entitled at &nv time within foity-elght hours to a guess at the combined weight of hone, buggy and outfit; said guess will be properly recorded ta books provided for that purpose, and a duplicate cheek given to the person making the guess. The weight of the outfit will be determined by city scales at 4 p. m.. New Years day ta the presence of ten reputable citizens, and a forfeit of $009 is guaranteed that the same shall not be determined before that time. . _ . _ The bone was purchased from John Pryor, liveryman. Circle street: aide-bar buggy from Columbus Buggy company, West Washington street: harness, blanket robe and whip from Ad. lie re th, court street. _ GILMORE A DICKSON.
ART EXHIBIT OF THE . INDANAPOL1S Art Association! Five Hundred 00 Paintings, Water (Mom, Etchings. Engraving*, etc .from tbeflaest colleotiooa ta Europe ana America, worth $400,9091 BNGLSH OPERA BUILDING, Corner Meridian aad Circle streets. Admlstiou ■8c. Opefi day and night.
No Kindling RBQTHBBD. No Coal to carry. No Ashes *o remove. Prices ftron. $8 to $16. See Otto Silb it Gas Engine. We sell to gas consumers In this city only. On exhibition and for sale by tbe Gas Company, No. 47 8. Penn. St.
TOBACCO CHEWER8 A REWARD Of SM6 CASH, 1 ,om Imparted Xovdty Poefafi Knlvw wd 5,000pound* of tbe Greet ZOO-ZOO CHEWING TOBACCO TO BE GIVEN AWAY! ■SHHmkb rH
, . January 1st o. the beat ever Mule. Beret tnem by mat), between DeeamtarlM WILSON ft MeC ALLAY TOBACCO CO. MIDDLETOWN. OHIO. I^CwtaSdreae eat aad paste ea Ravelepa. Thb It THE FINEST POUND PUM EVEN MADE,
ALEX. TAGGARTS
BAKERY,
to North East 8*.
RAILWAY TIM* TA.BLB.
(Central *tasd*rfl TlmaJ klndSnapo
-Us.
arrive. Ml
Jrffertonvlil*. Median A Ind Uhl
D,part, 4:09*in, 7;Ham. 3:4(.pm, (;74pm.
am, UhMem, 1:54pm. 10:2*pro.
VandaHa Line.
Depart. 7.15*m. HJSam, ft.UOpm, 10.45pm. Arrive,
ASTani. lO wam, 3.10pm, 4. Wpni.
neietond. ( olumhua. Cincinnati * Indianapolis. Depart. 4:Uam, ICtlOam. llflfi-m. Srttpm, 7:00pm. Antic, 8:iQatii, KVtoam. :’:<)nT>m. SflSpm, 10:55pm.
(Brlehtwoon Division.) t.. C . C. * 1 Hall' Depart daily, ♦:56am,
pm, Aaipin, s-je
^ cG?la 3 ^?icdUmiiK>th; ^. Lraia A CUcage.
(Tluclnnfttl Dlvlaloa.)
Depart. 4team. tiftJfieta, SclOpm, 6:50pm. Arrive.
Utemn.Uteam.M^O.Upm.
Depart, fcSSam. 11: Steam, Hrflatn, Stepm,
Dlri*lon.)
Stllpin, Utepm. Arrive.
Cbtotffo, St. Louis A PKtatrarg.
_ :52pm. Ar-
10&pm.
A^JSUspm.
arrive, 24)5 am.
rtve, 1.42am,
(CMeago
Depart. 7:14 am, 24N
( Inr.lnnfttl, Hamilton 6b In<llaiih|>>lia. Depart Mn.teSii, 43U pm, 6:# pm AnrlMe. "^’^d^ttCSTl w-tora. _ Depart, 7* am, *10 pm, 11:1# pm. Arrive, Ml am. Depart.0«amJItesnLme’pSt 5 Arrive, Jteam.
Oft) pm, 0:10 pm.
(teetern Mvtotou.)
Depart. 4,-ft am, UCO eat, 4(45 ym. Arrive, 7:90 am,
Jd&VSV
fChicago a r
Depart. Iftepm,! 1 IfrSWUB, fcCD pax.