Volume 1 — Mississippi Decisions

The Georgia Pacific Railroad Company entered upon lands belonging to J. S. Walker and constructed its roadbed thereon.

The Rankin County Savings Institution, a banking corporation, became insolvent. There was a meeting of its creditors held and a resolution was adopted directing that an assignment of its assets be made for the benefit of the creditors. Appellant, Covington, was present at this meeting.

J. R. Mosely died in 1876, testate, leaving a considerable estate-He named appellee, Y. M. Cannon, and Robt. Day, his son-in-law, trustees to execute his will but conferring upon them distinct and separate powers and providing that one should not be held liable-for the acts of the other.

At the July, 1884, term of the Circuit Court of Lincoln county appellant, Smith, was indicted for the murder of James Gr. Evans and at the January, 1885, term thereof he was tried and convicted of manslaughter and sentenced to the penitentiary and appeals. Affirmed. He demanded a special venire which ivas granted.

Action of replevin by appellee, Gwin, against appellants. Erom verdict and judgment for plaintiff defendants appeal. Mose Gwin brought this action of replevin to recover possession of one mule. The affidavit alleges that the mule was wrongfully detained by Daniel McBride and W. A. Treadwell.

Appellee filed its petition in tbe Chancery Court of Warren county to condemn certain lands of appellant for a right of way. A jury awarded damages, which was paid. Appellee entered and proceeded to cut its surface right of way and also to dig a tunnel by sinking a shaft through the surface of the land and excavating large quantities of earth and depositing it on the surface.

This suit was brought by J. H. Brewer against the Louisville, New Orleans & Texas Railroad Company for the killing and injuring of certain live stock belonging to the plaintiff.

Appellees, R. G. McCoy and J. A. Clark, composing the firm of McCoy & Clark brought suit in the court of a justice of the peace in district number one of Attala county against tbe Canton, Aberdeen and Nashville Railroad Company for the sum of one hundred and fifty dollars ($150), for the value of a horse alleged to have been tilled by one of defendant’s trains one night during the latter part of October or first of November, 1884.

Appellant as administrator of the estate of Miss Mattie B. Moore filed his petition to sell certain real estate in the town of Aberdeen to which Miss Mattie B. Moore had title- at her death, to pay debts of deceased.

Mitebell and others, appellants, were complainants, and J. M. Bishop, appellee, was defendant, in the court below. Bronx a decree dissolving an injunction and denying complainants’ prayer for relief against defendant, complainants appealed to the Supreme Court.

This suit was brought by Bucks & Jayne, attorneys, against A. and Jacob Barnett for legal services. Bucks died and the suit was revived in the name of J. M¡ Jayne, the survivor. An itemized account was filed with plaintiff’s declaration and tbe only items in controversy were one for $400' for legal services in relation to some land that belonged to A. Barnett and a charge of $5 for drawing up an agreement.

The opinion of the court contains a statement of the facts. Appealed from Chancery Court, Olay county, S. Evans, Chancellor, sitting by interchange with Hon. E. A. Critz, who was incompetent by reason of having been of counsel in said cause. Brief of Houston & Reynolds: ********** * *' It is held by the chancellor that the purchase by DeVan and the conveyance to Mrs. Weaver are evidence of the fraudulent scheme on the part of Weaver to get possession of the land.

Suit in replevin by W. H. Sbelton against Nelson Smith. From a judgment of a justice of the peace dismissing his suit Shelton appeals to the Circuit Court where he obtained a judgment from which judgment Smith appeals. The facts briefly stated are aa follows: Henry Watson, the original owner of the mule for which the suit was brought, executed a deed of trust on the mule to Ira A. Cartwright.

Replevin by appellee, Watkins, to recover possession of one mule, against appellant, Whitington. Erom verdict and judgment for plaintiff defendant appeals.

The following is a part of section 1753, Code of 1871, the construction of which is involved in this case. “Any person holding or claiming, under a tax title, lands heretofore or hereafter sold for taxes, when the period for redemption •has expired, without redemption of the same, may proceed by bill in the Chancery Court of the county in which the land lies, to have such title confirmed and quieted, and shall set forth in his bill his claim under such tax sale, and the…

In 1860, one Eawles borrowed $5,000 from N. G. Park and gave a deed of trust on some land to secure same. G. W. Thornton was named as trustee. The deed of trust and the record of it were destroyed by fire. In 1863, Eawles sold the land to' W. B. Gilliam. In 1866, Thornton, trustee, filed a bill in chancery against Eawles and Gilliam to establish the deed of trust and record and for the sale of the land to pay the debt.

Joseph E. Loftin was convicted of murder, and appeals. At' the trial in the Circuit Court the State introduced, among other witnesses, Marion Martin and Ambrose Martin, who had appeared as State’s witnesses at the preliminary trial before the justice of the peace, and whose evidence was of great importance to the State..

Replevin by B. J. Johnson against F. W. Hunt to recover possession of a portable steam engine, boiler, and other appurtenances, of the value of $410. From verdict and judgment for-defendant plaintiff appeals. On the trial plaintiff testified that the property belonged to him,, and it was admitted that the property was in the possession of defendant when levied upon.

Appellant, Rosamond, was tried and convicted of tbe murder of James Stephens; be was sentenced to tbe penitentiary for life, •and appeals. Tbe evidence showed that deceased was shot with a shotgun and killed. Defendant admitted that be killed deceased, but claimed it was done in self-defense.

At the February, 1885, term of the Circuit Court of Adams county appellant, Allen, was convicted of the murder of John Coleman and sentenced to the penitentiary for life. His motion for a new trial was overruled, and he appeals.

Ejectment by appellant, Garrison, against appellee, MoInnis. Erom verdict and judgment for defendant plaintiff appeals.

D. M. Dulaney died in 1848, testate, devising his property to his two daughters, Mrs. Mary Sample and Mrs. Elizabeth Harvey, equally for life with remainder to their respective children. The will contained the following provisions : “ 1.

The firm of Sims, Foster & Co., merchants, made a general assignment for the benefit of their creditors, in 1881, to Peter Stark, assignee. Held: without any statute, that a judgment and execution at law is not necessary to enable a creditor to sustain a bill to vacate fraudulent conveyances. They are collated in Case v. Beauregard, 101 IT. S. 690. * * * There is no answer denying the fraud in this case, because, first, it is not a general demurrer.

Suit by Margaret E. Mitchell against the Louisville & Nashville Railroad Company for damages for destruction of fences, grass, and trees, alleged to have been caused by sparks from a locomotive of defendant. The court below gave peremptory instruelion for defendant, whereupon the plaintiff appealed to the ■Supreme Court. Appealed from Circuit Court, Harrison county, S. H. Terrall, Judge.

Suit by F. J. Sbarkey for $140 for value of one mule alleged to bave been killed by defendant’s carelessness in unloading a ear of mules at Vicksburg. Tbe mules were delivered by appellee to tbe St. Louis & Cairn Short Line at Cairo, 111., on February 13, 1885, for transportation to, and delivery at Vicksburg.

This was an action by appellee against appellant to recover damages for a malicious prosecution instituted against him by appellant and causing him to be arrested and tried on a charge of larceny in stealing hogs. From a verdict and judgment for plaintiff for $200, defendant appeals. Eeversed and remanded. The court gave the following instructions for plaintiff over the objection of defendant: “ First.

Ejectment by William B. Helm for possession of undivided half interest in lands occupied by Lewis H. Smith. By agreement W. T. Johnson, guardian of S. A. Johnson, an adjudged lunatic, and Smith’s landlord, was admitted as codefendant, and defended the suit. Jury was waived and the issue tried before the court. Judgment was for plaintiff, whereupon defendant appealed to the Supreme Court. The opinion sufficiently states the case.

Appellee, Max Kabn, was engaged in merchandising and running a livery stable in G-loster, Miss. He owed debts to different parties and on January 10, 1885, he sold his stock of goods and merchandise to his uncle, lewis Kahn, and his livery stable to his wife Ohodena Kahn, by writings duly signed and delivered and which were recorded. The recited considerations were debts due the grantees by Max Kahn.

On January 21, 1880, F. 0. Mercer entered into an agreement to sell to Cora M. Lockhart through her husband, J. T. Lock-hart, a tract of land for $400, and Mercer executed and delivered a deed to the land to J. T. Lockhart, made out to Cora M. Lockhart, which was filed in the office of the chancery clerk of Holmes county.

A bill was filed in the Chancery Court of Lauderdale county, in-January, 1886, by appellants, seeking to enjoin proceedings in an action of ejectment filed by appellees to recover possession of eertain lands devised to tbem in 1859.

Appellee purchased of Julius Marx, a mule warranted to be sound in every particular, in default of which the mule could be returned and money refunded.

On January 1, 1881, W. H. Catchings sold to Orange Catchiugs a farm, under a contract in which certain payments were to be made on same yearly until the full amount was liquidated. Tbe contract also provided that should the alienee fail to meet the payments as agreed, then he was to pay a stipulated sum as rental for the land each year, a lien upon the growing crop being expressly reserved therein.

■ This was a suit by Dr. J. H. P. Westbrook for salary as county health officer of De Soto county. He was appointed to this office by the Governor April 7, 1880, and served as such until his resignation on November 1, 1882.

Suit by W. E. Jones against the New Orleans & Northeastern Eailroad Co. to recover damages for killing a horse. Erom a verdict and judgment for plaintiff defendant appeals.

Appellee, E. L. Harris, filed tbe bill in this case against appellants in the Chancery Court of Tunica county, on February 21, 1886; summons was issued for the defendant March 31, 1886, returnable to rules on the first Monday in April, 1886, and duly served on defendants. Defendants did not answer the bill until the 19th day of May, 1886. The bill was filed to foreclose a mortgage given by defendants to complainant.

Evans was indicted and tried on a charge of assault and battery with intent to kill and murder one Hayes. The court permitted the district attorney to ask witness Hendricks whether he suspected persons related to the defendant to have been engaged in the commission of the offense for which he was being tried. There was objection by defendant.

Replevin in justice of the peace court by J. M., Buckley against A. L. Thornton for a bay mare and cow. Prom a judgment for plaintiff there was appeal to the Circuit Court. The evidence in the Circuit Court showed that Buckley had borrowed from one Smith $103.79 to pay off a debt due to Haralson, and had executed his note to Smith in the sum of $128.79, due sixty days from date, Smith charging Buckley $25 for the use of the money for the sixty days.

Wiatt Kenyard sued Ettie Townsend and Uriah Millsaps, the latter being administrator of estate of L. M. Townsend, deceased, in a magistrate’s court for $147.43 for labor for the year 1884, and sought to subject certain corn and fodder in the possession of Ettie Townsend to a lien for the payment of said, sum.

J. 0. Sands, E. W. Thompson, and others presented a petition to the city council of West Point, praying for license to sell liquors in said city. A counter petition alleging that many of the signers of applicants’ petition were not citizens of the State nor city, and numerous requests from the signers of the original' prayer for license, asking withdrawal of their names from such petition for license, were filed with the board.

Several issues were made up and decided by the court in this case. Riley Brothers & Baer instituted attachment against Mrs. Ella M. Reddick, and garnished Maynard & Yerger, seeking to bind whatever sum might be due by garnishees to debtor by reason of certain rent notes executed as stated below. George T. Mitchell, instituted similar proceedings against Mrs. Reddick and garnished Maynard & Yerger.

A petition was filed in tbe Chancery Court of Madison county by plaintiff, seeking to enforce a deed of trust intended to have been given to plaintiff by B. O. Langford to secure a debt of $250. In said trust deed B. 0. Langford is made the grantee and plaintiff grantor, but same was duly signed and acknowledged by B. 0. Langford.

W. W. Totten & Co. held a judgment against John A. Cole. Execution was issued on the judgment and some personal property in the possession of Cole was levied on, consisting of an engine, boiler, belting, etc. Appellant, Houston, as trustee in a deed of trust, filed his claim to the property, basing his title on the deed of trust.

Bill of complaint by D. J. Davis against Hugh L. Davis praying for an accounting of their planting partnership, extending from 1876 to 1881. From a final decree dismissing the bill and taxing complainant, with costs, there was an appeal to the Supreme Court. The opinion sufficiently states the case. Appealed from the Chancery Court, Wilkinson county,, Lauch McLaubin, Chancellor.

On January 17, 1885, appellant sued out an attachment on the property of J. M. Tyler, returnable to the Circuit Court of Lincoln county, alleging that appellant, J. M. Tyler, had property or rights in action which he refused to apply to payment of his debts, and that he had assigned and disposed of, or was about to assign and dispose of his property and rights in action with intent to defraud his creditors, and that he had converted or was about to convert his property into…

The Planters’ Cotton Press, Storage and Transfer Association filed the bill in this case in the Chancery Court of Warren county against E. Zimmerman, M. Zimmerman, and Mrs. Ellen Z. Laird, children of Solomon Zimmerman, to enjoin them from prosecuting an action of ejectment in the Circuit Court against them. From a decree granting the relief sought by complainant, defendants appeal.

H. B. Moss was indicted on September 8, 1883, for retailing spirituous liquors, the indictment reading as follows: “ That H. B. Moss, on September 7, 1883, did unlawfully sell to one Peter Sharp spirituous liquors in a quantity less than one gallon, without then and there having a license therefor, in pursuance of the laws of said State, and against,” etc. Evidence for the State showed that Peter Sharp purchased of defendant a bottle of bitters which made him drunk, and that…

In September, 1884, F. G. Henley purchased of John T. Franklin four bales of cotton, giving bim a check therefor, drawn on Gattman & Go., bankers, of Aberdeen, Miss. Henley went to the bank and asked them to pay the check and he would let them hold the cotton as security, but the warehouse receipts were not delivered up until some days later.

The indictment upon which defendant was convicted was in the following words: “ In the Circuit Court of Rankin county, February, 1884, term.

Tbe facts in ibis case are stated in tbe opinion of tbe court. Appealed from Circuit Court, Copiab county, T. J. Wharton, Judge.

B. Cohen was operating a general store in Woodville, Miss., in July, 1882, and purchased of appellants a bill of goods upon which there was due $113.23. On the 21st of said month, Mulvahill & Baker, plaintiffs below, sued out an attachment on said account of $113.23, and levied on goods of defendant amounting to $360 in the aggregate.

This was a suit in tbe Chancery Court of Olay county in which a conveyance for exchange of property between father and son is sought to be set aside, and was predicated on a judgment, rendered September 20, 1882, for $411, in favor of appellee (as assignee), on a promissory note signed and executed May 6, 1881, by E. I-T. Strong and wife, appellants. Tbe prayer of the bill is to make this judgment a charge upon certain lands conveyed by one Peter Stark, agent, to E. Ii.

There was instituted in the Circuit Court of Jefferson county two suits styled “ Wirt Adams, revenue agent, for the use of Jefferson county v. F. A. Cameron et ah,” and upon which judgment was rendered for plaintiff. After execution had been levied upon property of the defendant, plaintiff settled both causes upon a stipulated payment, and released the defendants from the costs incurred in the suits, and from the principal amount.

James Bishop, Dock Bishop, and Robert Lamar were jointly indicted for murdering one Wise. There was a severance, and Dock Bishop was tried, convicted, and sentenced to death; whereupon he appealed to the Supreme Court. There was much testimony in the trial court, and many errors were assigned by appellant, but it will be sufficient to a proper understanding of the case to consider only those touched upon by the reviewing court.

The statement of the facts in this case are found in the opinion. ■ Appealed from Circuit Court, Copiah county, T. J. Wharton, Judge.

Taut was judgment creditor of Georgia Anne and Rufus Collins, the latter being usee for William Collins, in sums of $56 and $139.75 respectively. He suggested writs of garnishment against John Perkins and Ella Perkins, as debtors of defendants. Perkins answered that he had bought a piece of land from defendants and that he had given his notes for $600 in payment of same.

An attachment was sued out by R. E. Oollins before a justice of the peace of Olark county, against the estate of Wiley Lott, alleging an indebtedness of $300 and property amounting to $219 was levied upon by tbe sheriff, and was bonded out by Lott, with Jere Saunders and W. W. Fulgham as sureties. Shortly afterward an alias attachment was sued out by E. E. Collins against said Lott, returnable to the Circuit Court of Clark county.

James Thomas sued the L. & N. R. R. in Harrison county for the killing of two heifers of the value of $100, and obtained judgment in the justice court for that sum. On appeal and trial of the cause before the Circuit Court, the first resulted in a mistrial, and afterward a verdict was rendered for the amount of judgment obtained before the justice of the peace.

Appellant, Beal, brought this suit in a justice of the peace court against appellee, Sharp, to recover the sum of $123. Erom a verdict and judgment for plaintiff defendant appealed to the Oircuit Court. Plaintiff began his action on an account and declaration.

Ejectment by appellant, Kiestler, against appellee, the Vicksburg and Meridian Railroad Company. From verdict and judgment for defendant plaintiff appeals.

This is a suit in the Chancery Court of Sunflower county for redemption of land by heirs of James Wedgeworth, who died intestate in the year 1866. The tract of land in controversy was sold to the State in 1867 for taxes, and in 1868 defendant leased said land for a term of fifteen years from the attorney of James Wedge-worth and went into possession of same.

This was a suit for a devastavit against a surviving executor and his surety on a bond. Appellees are the children of Emily Stewart, deceased, daughter of Joel Barnett, who died July 30, 1851.

Tbis action was begun in the Chancery Court of Panola county by the administrator of the estate of IT. B. Burrell, deceased, against the heirs, a widow and ten children, to condemn the sale of certain real estate described in the petition, belonging to the estate. There were debts outstanding against deceased amounting to $303.87, which had been duly proved and filed with the administrator.

Suit by H. J. Duke against the Tishomingo Savings Institution to enjoin an execution sale to satisfy a judgment. From a decree perpetuating the injunction this appeal is prosecuted. Appealed from Chancery Court, Pontotoc county, A. B. Fly, Chancellor. Brief of Young & Boone: As the two above-styled causes were heard and determined together by the court below, and are intimately blended in points of law and fact, it is thought better to likewise submit them here.

Attachment by appellees, Bloom, Goldsmith, .Tachan & Oo. against L. IT. Jones; plea in abatement by appellants, Hill, Fontaine & Oo., intervening creditors of L. IT. Jones. From verdict and judgment for plaintiffs in attachment defendants appeal. Affirmed. Appellees, Bloom, Goldsmith, Tachan & C’o., sued out a writ of attachment against L. IT. Jones in the Circuit Court of Lee county.

The record in this case begins with cross-bill of John Erskine, which stated substantially as follows: That on November 21, 1876, T. H. and J. M. Allen & Co. and Geo. W. Arnold, executor of Julia E. Perry (lately Julia E. Locke), executrix of A. J. Locke, deceased,' and Wm.

In December, 1881, T. 0. Duncan sold A. M. Bowen 100 acres of land in Mississippi for $800, to be paid in four annual installments of $200 each. Bowen executed four notes for tbe purchase money, and to secure same gave a deed of trust on the land bought, and also gave a deed of trust to secure it on a house and lot in Memphis, Tenn.

<p>Supreme Court Practice — New Trial — Presumption in Favor of Correctness of Judgment of Lower Court.</p> <p>The city of Vicksburg contended that a certain street was forty-five feet in width; appellee contended that it was thirty feet in width. The original plat of the subdivision containing this street made by Pinckard was never recorded, but a subsequent plat made by one Williams, and certified to by Pinckard, was filed for record, and on this plat the width of the contested street is given in writing as thirty feet. The other evidence was conflicting. Held, that if the plat was not competent evidence the judgment of the circuit judge was not shown to be clearly wrong on the other facts of record.1</p>

On Thursday morning, November 9, 1882, Henry White was found dead by the side of a road about three-quarters of a mile southeast of Eudóra. His throat had been cut, a razor cover was found near the body, a hat and two sticks were also found lying near by. On the evening before Henry White and a negro, identified as being the defendant, were seen by several witnesses walking together toward Endora, and both of them carried sticks.

Plaintiffs filed their bill in the Chancery Court of Alcorn county to vacate several certain deeds, filed and recorded in said county, alleging the following facts: Their son, L. G. Crum, had been indicted by the grand jury and remanded to jail, and upon trial by habeas corpus, his bond was reduced from $2,000 to $1,200, and, in order to make said bond, they deeded all of their land to Peter Crum, the grandfather of L. G. Crum, in order that said Peter Crum might be held…

Bill in chancery by Thomas H. Mayo against D. A. Outlaw et al. seeking to set aside a certain conveyance of lands made by Grwin and Hemingway, commissioners of the liquidating levee board and to cancel cloud upon complainant’s title. From a decree for complainant there was appeal to the Supreme Court.

Appellant, Walker, was tried and convicted in tbe Circuit Court of Lawrence county of rape and sentenced to tbe penitentiary and appeals.

This was an attachment suit instituted in the Circuit Court of Copiah county, charging fraud in the procurement of goods, wares, and merchandise by the appellant of the appellee and that appellant had disposed of, or was about to dispose of, his property or rights in action for the purpose of defrauding his creditors. All of which was denied by defendant.

Mrs. M. E. Grayson sued tbe Mississippi & Tennessee Railroad Company for injuries alleged to have been inflicted upon her by the improper starting and handling of the defendant’s train. From a judgment in plaintiff’s favor, defendant appealed to the Supreme Court.

A replevin suit was instituted in the justice court of Holmes county for the recovery of a mule in the possession of appellant. The mule in controversy was covered by a deed of trust to appellee for $40 for supplies advanced, and for such other supplies as might be advanced during the year 1884, to one Burwell Willis, to whom the mule was sold prior to the execution of the deed of trust. A second deed of trust was given appellant on the mule.

On February 17, 1883, O. F. West and J. H. McPeak made a sale of their stock of goods, wares, and merchandise to one John L. Kline, which was declared fraudulent afterward, in April, in a suit by R. T. Abby against. West & McPeak, in which Kline filed a claimant’s issue, whereupon Lillie and Sallie West, minors, and sisters of 0.

D. W. Simmons and F. 0. Simmons purchased of Frick & Co. machinery amounting to $1,400, of which $1,050 was paid in cash, and balance was closed up in a note reserving title to the machinery in the form of a purchase-money lien. D. W. & F. C. Simmons borrowed of Jesse Parker $750 with which to consummate the deal and gave him a mortgage on all the machinery as security therefor.

Appellees attached the stock of goods of appellant on the ground of fraudulent assignment for the purpose of defrauding his creditors, and levied on merchandise to the amount of $200, as shown by the1 sheriff’s return. Appellant filed a plea in abatement, denying all the allegations.

This was an action in assumpsit on an account of $301 upon which plaintiff recovered judgment with interest.

On September 12, 1875, appellee deeded to Mrs. Matt E. B. Hawkins a tract of eigjity acres of land for a consideration of $600, and on January 24, 1884, filed a bill in the Chancery Court of Marshall county, charging that for divers acts, of deceit on the part of Wm. B. Hawkins, husband of the said Matt E-.

Two bales of cotton in the possession of 0. 0. Felder were levied on by the sheriff of Pike county under an execution against C. C. Felder in favor of appellant, and O'. M. Felder filed a claimant’s issue, and on trial before the justice court in Osyka,'Miss., the two bales of cotton were adjudged to tbe claimant.

This is a proceeding authorized by an act of the Legislature of the State of Mississippi, entitled “An act to facilitate the construction of telegraph lines in the State of Mississippi.” Approved April 5, 1876, page 229, sheet Acts of 1876. The record shows that all the requirements of that act were strictly complied with. The monition and notice were issued and executed as therein provided for, commissioners were summoned, selected, and sworn, as directed by tbe act.

A petition was filed by H. H. Pattison, a ereditor of tbe estate of Jane E. 0. Pattison, to subject certain real estate of decedent to the payment of two judgments which she holds against the estate. Held: and Mr. Drake had the sheriff to erase in red ink his receipt for purchase money. * * * In reply to the suggestion that these five bales of cotton were a payment for two estate mules — sold by Pattison as executor — we reply: First.

Appellant, Mrs. C. B. Joor, made affidavit, for attachment for rent due and to become'due, and the writ was levied on property belonging to appellee, W. A. Elder, her tenant. Elder replevied the property and filed bis declaration. Appellant filed ber avowry and appellee filed a replication alleging that there was no rent due or to become due. On the trial Mrs. 0.

This was a suit'against tbe Railroad Company for damages to property along the right of way of said railroad, caused by negligence of its employees. The employees of the road (section hands) were engaged in repairing the roadbed and laying of rails, and were working under a foreman or boss.

C. L. Barrett was a creditor of Benj-. Harwood, who died intestate, and as such creditor filed a petition in the Chancery Court of Claiborne county to be appointed administrator of the estate of deceased, which consisted of a claim against the Huited States government for cotton taken during the Civil War. Letters of administration were issued, and the administrator, upon the execution of a proper bond, was duly qualified.

Appellant, Howze, was treasurer of De Soto county, his term expiring January 1, 1(880. He turned over all the books and records of his office to his successor except a small account-book which he bought and paid for himself which contained various memoranda of accounts with the county and reports made by him as treasurer.

Suit by appellee, in the Circuit Court of Monroe county, against appellant to recover the sum of $100, the purchase price of a cotton press sold him. From verdict and judgment for plaintiff defendant appeals. The opinion of the court states the facts. Appealed from Circuit Court, Monroe county, J. W. Buchanan, Judge.

Appellant, Frank M. Michon, was indicted for unlawfully selling spirituous liquors in a greater quantity than one pint without obtaining a license. He was tried and convicted at the October term, 1883, of the Circuit Court of Harrison county and sentenced to pay a fine and appealed to the Supreme Court. Before the cause was finally disposed of in the Supreme Court the Legislature repealed the law under which he was convicted.

Appellant, Turnage, was indicted in the Circuit Court of Lafayette county for murder. ' lie was convicted of manslaughter and sentenced to the penitentiary for two years and appeals. The court gave' the following instruction for the State': “ 5. If the jury believe from the evidence that any witness in the case has sworn falsely, willfully, and corruptly to any material fact in the case, the jury are authorized to disregard the testimony of such witness altogether.

Attachment for rent by appellee against appellant. Erom verdict and judgment for defendant plaintiff appeals. Appellant, Lula Stevens, and J. L. Stevens were the owners, as tenants in common, of certain lands in Olay county. J. L. Stevens was in possession, Lula Stevens not living in the county at the time of the rent contract. J. L. Stevens, in January, 1881, leased the lands, by a written contract, to G-. H. Burkett for two years, 1881 and 1882.

Ellis Turley brought this suit against John I. Ingram, in the Circuit Court of De Soto county on a note for $1,152.68, payable to him, signed Ingram & Co., per N. P. Turley, agent, dated March 18, 1879, due one day after date. The suit was filed September 12, 1882. Defendant filed a plea of non est factum, the Statute of Limitations of three and six years were also pleaded and payment.

Appellant, Ellen Porter, was indicted in the Circuit Court of Lee county, for murder for the killing of her infant. She was tried, convicted and sentenced to the penitentiary for life and appeals. The only error assigned is that the court erred in overruling the motion for a new trial because the facts were not sufficient to sustain the verdict.

A recognizance was taken by the sheriff of Chickasaw county for th¿ appearance of James Taylor to answer a charge of grand larceny. The recognizance recites that John Taylor, principal, and the sureties agree to pay the State of Mississippi $300, unless John Taylor shall appear at the next term of the Circuit Court of Chickasaw county, and from day to day and term to term until discharged, to answer a charge of grand larceny.

Suit by appellees against appellants on open account. From verdict and judgment for plaintiffs defendants appeal. Appealed from Circuit Court, Harrison county, S. H. Terral, Judge. Brief of R. Seal: *- * * At the November term, 1883, of said Circuit Court, by leave of court, the defendants filed an amended affidavit, then by consent of both parties a jury was waived and said cause submitted to the presiding judge.

Appellees, C. A. Howland and W. A. Hobson, as administrators of tbe estate of A. B. Hobson, filed tbe bill in this case in tbe -Chancery Court of Tippah county against W. M. Bennett to enforce an equitable lien on certain lands described in the bill for balance of unpaid purchase money.

R. Palmer executed a deed to appellant, R. E. Palmer, as trustee, for the benefit of his children: “ To hold during his natural life for the benefit of his natural heirs * * * giving the said R. E. Palmer the right to cultivate, lease, or sell the same as the interest of his said heirs may require in the opinion of said R. E. Palmer and the proceeds arising from such cultivation, leasing, or sale shall be applied by him to the support, maintenance, and education of his said…

Replevin by appellant against appellee to recover possession of three bales of cotton. Brora verdict and judgment for defendant plaintiff appeals. T. H. Lake, a commission merchant, agreed to furnish John A. Cameron money and supplies for the year 1876 to the amount of $400, and in February, 1876, John A. Cameron and his wife executed their joint note to Lake for $400 for advances thereafter to be made.

In April, 1881, Murdock & Parcbman, merchants, doing business in Okolona, in Chickasaw county, were heavily in debt. They conveyed some property to individuals in payment of alleged debts, and on April 4, 1881, the firm made a general assignment of their property to D. P. Black, assignee, for the benefit of their creditors.