The Courier-Journal from Louisville, Kentucky • Page 10

THE cJtRIER-jOURNAL, LOUISVILLE; DNESDAY MORNING, FEBRUARY 2j 1909. named as beneficiaries. Attached to; INAUGURATION FARES -VIA- Ask Your Optician FOR THE PERFEX to be incurable i Terrible Red Patches on Face and Arms Made Victim Ashamed to be Seen Suffered Intensely for Ten Months Expert Treatment Gave No Relief Two Sets of the TO WASHINGTON AND RETURN, ail rail, Comfort, scenic beauty, historic Interest; unswjJMMfl a la carte Dining Car service. $22.50 Wood, Slubbs BLUE RIBBON SEEDS Are the Best for" Your GARDEN, FARM AND LAWN. Our Beautiful Descriptive Catalogue Free on Request.

Stubbs (Incorporated) 219-221 Jefferson at. LOUISVILLE, KY. SEE THE BATTLESHIP FLEET. S24 SO Nebraska, Rhode Island, Ohio, Minnesota, Louisiana. Vlr- ginla, Kentucky, Kansas, Georgia, Kearsarge.

Vermont, New Jersey. nUnols. Missouri and Wisconsin will be In Hampton Roads. Finest Naval Display ever seen on the Atlantic Coast. Tickets are on sale Feb.

28, March 1, 2, 3. good to return till March 8. Stop, over at Old Point Comfort, Richmond, and other points. TICKET OFFICE 141 S. FOURTH ST.

PHONE-M. 272. Clarks Tungstens Cumb. 726 The Tungsten "Lights the Way" 520 West Main St. LOUISVILLE, KY.

311 Third Avenue. JAS. CLARK JR. ELECTRIC Incorporated. Southern Railway IMPROVED SCHEDULES BETWEEN.

Evansville, St. Louis, Lexington, South, Southeast and West. One hour shorter schedule to ATLANTA, CHATTANOOGA, KNOXVILLiE, ASHEVILLE and SOUTH. One hour shortest schedule to Evansville, St. Louis and West First-class Standard Equipment on all Trains.

For information call Main 1937. Home 568. CITY TICKET OFFICE, 124 Fourth St Depot Seventh and River. BEST WAY TO CINCINNATI AND ST. LOUIS B.

O. S-W. PARLOR CARS, DINERS, SLEEPERS AND COACHES. tor in the carrying out of its' provisions. provided for the merciful killing 04 and an appropriate burial for the animal, but the horse died years beforefcj yfys.

Brown. The estate is -left to oe niviaea amoHs the children of Mr. Brown's cousins, Ann Evans and Mary J. Harris. Of the latter are Mrs.

May Johnes, Mrs. Sunshine Harris Ballard, Mrs. Zudie Harris Relnecke and Credo Harris. Theodore Harris -is named executor without bond. Provision is made that it lore vjrrusuu, tici.y maia oi ivirs.

Paris within three months after her. death i.iii twin nut nf the estate SUV bliuii uc 6 before It is divided. The will ot jonn a. jjuubi. the testator leaves all his property to his son, jonn Aimer.

Court Paragraphs, -The National Casket Company sued nnA L. D. Bax for SS0, alleged due on a note. Mrs. D.

F. Gibbs ana oiners L- Glbs otters askmgs.t certain described real estate. Wesley Ballinger sued the ixjuisviub Lighting Company for $5,000 as damages, for Injuries he says he received when in the employ of the defendant company. Bertha Reed sued the Louisville Railway Company for $10,000 as damages, say-inE she was hurt when thrown from a car at Fourth avenue and Jefferson street. The Louisville Sewer Commission sued the J.

M. Case Mill Manufacturing Company seeking a right of jay for a sewer through property owned by the defendant company. Harrison Phillips sued the Louisville Fire Brick Company for $5,000 as damages for Injuries sustained while In the employ of the defendant company on December 15 last. Robert Willis sued the Louisville Poul-trv Supply Company for $5,000 as damages, alleging that he was hurt when ne fell over a sack of chicken feed as ne was helping to load a wagon. John Burkes sued the L.

and N. for $15,000 as damages for Injuries he says he received when a steam pipe burst in the basement of the L. and N. ofnee building, where he was employed as a fireman. William Franck sued the Louisville Car Wheel and Railway Supply Company for $5,000 as damages.

He says that on December IS last he was badly burned when a ladle of molten iron he was carrying was turned over on film. H. Paine Son sued" Juliet T. Doll Frank H. Miller and the Kentucky Title Company for $230, alleged due for material and labor, and the enforcement of a lien.

The title company is named because it has a Hen on the property of the defendants. In the list of outgoing road overseers, given in connection with the appointments made by Judge Arthur Peter last Friday, the name of H. A. Holzhelmer unpeared by mistake. He was represented as having held the office in the First magisterial district.

This Is not so. Mrs. Bessie L. Day sued B. R.

Day for maintenance. She says that her husband, wh'u is employed at Macauley Theater as a musician, fails to provide for her and wastes his money in drink and in attentions to other women. She says that his salary is $18 a week and that sometimes he makes as much as $3o. She asks for alimony of 515 a week.To.ey were married on November 29. 1S02.

Amos Dean and Richard Clay, two old colored contractors. Indicted on Friday for the obstructing of the street railway tracks, appeared in the Criminal Court and pleaded that they had to leave the irame nouse uiey were muwus street because their negro helpers struck i i mMTa nf thP street. Thev were released on their own recognizance to appear for trial on March 12. Court of Appeals. Frankfort, Feb.

23. Western' division sitting: Meffert, vs. Brown, Jefferson; motion to dissolve Injunction granted by ihe Judge of the. Circuit Court, overruled. Steeley vs.

Commonwealth, Whitley; affirmed, whole court sitting'. White Son vs. Ayer Lord Ballard; affirmed. White Sons vs. Peyton, reversed.

Walker, vs. Ganote, Jefferson; re- Clark, vs. Pepper, adminlsiratiiij Flemiiur. reversed. nf Sealy vs.

Combs, Perry; motion to mice ci -iri cm 1 si istnin (Hi. I. C. Railroad, uompauy vs. aira-v Grayson; appenee givu ieu, uiu to me- Derickson vs.

Conlee, Powell; appellee given thirtv days' extension to file brief. Columbia Trust Company, trustee, eta, vs Christopher, Muhlenberg; appellee nied supplemental brief. Cunningham's administrator vs. Ayer Tie ConrDanv. McCracken: ap pellee filed reply brief.

-r. allien, Jiueiwi oe v-v. va. umiuvii- TwiKiUh. Marion ftwo cases): appellee granted thirty days' extension to file pe tition lor moaimaiiiuu.

McEltvain vs. Cartwrigrht, Warren; appeal dismissed. Rolfsen vs. Rolfsen, Kenton; appellant fiioH Tiptttlon for extension of ODinlon: appellee filed petition for rehearing and oriel on same. Terry vs.

Terry, jareatmtt; agreement to additional record; appellee filed brief. Combs vs. Combs, Perry; appellee filed petition for rehearing- and modification. Scott vs. Board of Trustees of Town of New-Castle, Henry; appellee filed brief.

East Jelllco Coal Company vs. Hays, Knox; appellee 'filed brief. Stone vs. MonticeUo Construction Company, "Wayne; Sanders vs. same.

Miller, vs. same, Marsh, vs. same; appellee filed brief. Rissberger vs. City of Louisville, Jef-.

ferson; appellee filed brief. Sealy vs. "Williston, Perry; appellant W. O. Sealy filed brief.

Campbell Coal Mining Company vs. Smith's administrator, Whitley; appellant filed petition for rehearing. Stewart vs. Bluegrass Canning Company, Daviess; appellant filed supplemental brief. Rice vs.

Rice, Boyle; appellee filed brief. Johnson, vs. Johnson's administrator, Perry; appellee filed motion for damages on the dismissal; motion submitted. The appointment of J. E.

Johnson as Deputy Clerk noted of record. Beckner vs. Rbth, Kenton; agreement filed and motion by appelbee for extension of time until April 1 to file petition for rehearing. Hill vs. Gaines, Henderson; motion for rule against Clerk of lower coirt withdrawn and additional transcript of record filed.

Ryan vs. iiOgan County Bank, Logan; argued by P. Sandidge for. appellee and E. W.

Hines for appellant and case submitted. Court adjourned until to-morrow morning at 11 o'clock. Court of Appeals Decisions. Bright vs. J.

Bacon Sons, etc. Filed February 9, 1909. (To-be reported.) Appeal from Jefferson Circuit Court, First Chancery Division. Opinion of the court by Judge O'Rear, affirming. First Party Walls No Statute RegulatingCommon Law.

-There Is no statute in this State regulating the rights of owners of adjacent urban lots who' build Adjoining houses upon them, and whatever rights the parties have In such wails depend upon the common law. Second Same Rule In This State. In this State, under the common law, the right to use and the manner of use of party wall depends either upon an agree ment between adjoining owners or by prescription. Third Same Right of One Owner to Raise Wall. The question here Is the Double Your Illumination.

Home 726 and Saves You Money DAY ST. LOUIS ALL THE WAY. $4.15 A Ton Clncoi poratn.i TELEPHONE 405. Vault STEEL TRUNKS FOR SILVERWARE, $1.00 PER MONTH. UJlIA.jk7 TRAIN TO DINING CAR Shoes $3.50 Goods For $2.85 Racine calf; Blucher lace; high tops; double soles to heels $3.50 shoes at $2.85.

$6 ELKSKIN Shoes; hilt tops; lace, with bellows tongue; hand sew ed; all sizes, SiP ft at Levy's Third Market, af WEDNESDAY.FEBB.UAK.Y 24, 1909 SOUTHERN OFFICIALS TO AHOPT STANDARD BILL OF LADING. Goes Into Effect April 1 and Is Slight Modification of Uniform Bill of Preparations are now being made by high officials of the Southern Railway Company to adopt on April 1 what ha vnftu-n bill of ladiiia, to supplement the form known as the uniform bill of lading. In an interesting bulletin, issued bv tae company on the subject yesterday, it is set forth that th adoption of a form of lading, modifying Uie uniform system so that water and rail transportation can be embraced, is almost imperative and will be the only form uf lading used by the Southern Companv after the date named. The bulletin is self-explanatory and follows, in part: "Under date of November 17 this company announced its intention to adopt on January i the so-called uniform bill of lading. to this announcement, certain developments made it necessary to adopt some modiiication nf the proposed form in order to meet conditions of water and rail iranspurtaiiuii and make the oill of lading generally adoptabie to the needs of the South.

Thereafter, v. made a second announcement that our new bill of lading would be put into use on 'Folknvins tin's, and for various reasons, we have been compelled to further delay the introduction of what we now term the standard bill of lading, which is a modiiication uf the so-called uniform bill of lading. Said bills of lading are niw being printed and will be placed in the hands of agents of the Southern railway on or before April 1, from and atter which date no other bill of lading will be used by this company, except as hereinafter indicated. of lading are in triplicate form of a size Suxll inches. The first sheet is a memorandum shipping order, the second sheet, a bill of lading, and the third sheet an acknowledgment bv the agent that a bill of lading has been issued.

The shipping order and the bill of lading should bear the signature of the shipper. The receipt for the bill of lading will bear the signature of. the agent, and is for practicable purposes, a duplicate bill of lading." ALL OVER STATE PEOPLE ABE INTERESTS!) IN PROPOSED ART MUSEUSL Committee On Charter Revision Meets and Names Subcommittee To Make Certain Changes. The charter for the new museum of arts and sciences intrusted to a committee of five at a meeting held at the Louisville Free Public Library Monday afternoon, was discussed at a meeting of the committee yesterday afternoon at 3 o'cioctc. After reading the charter over.

It was decided that a number of clauses should be taken out and included in the by-laws when they are adopted. To accomplish this a subcommittee composed of Brent Altsheler and Peyton N. Clarke was selected. A meeting of this subcommittee will be held within the next few days and the charter for the new organization will be clarilied every detail. When the committee is ready to report, a meeting of the whole committee will be held and the charter indorsed for filing with the County Clerk.

The conference yesterday lasted about one hour, and was attended bv Col. Bennett H. Young. Philip Gertner, R. c.

Ballard Thruston, Peyton N. Clarke and Brent Altsheler. Since the meeting Monday afternoon, Mr. Altsheler has been constantly answering inquiries about the new organs Ization. He is in receipt of hundreds of communications from prominent people all over the State, all of whom are anxious to enlist as members.

When the time arrives to throw the doors of the museum open to scholars and students art and science, it Is expected that at least "flu or i.WJ men and women will have enrolled their names to support the institution. Contracting Firm Formed. The Staebler McFarland Company filed articles of incorporation nrovidinir for the conduct of a general contracting uu5iiiew. ine capital is aivioea into shares of J100. and the indebtedness is limited to $15,000.

The incorporators are josepn so. btaeoier ana c. w. AlcFariana, each of whom has thirtv-three shares. and T.

J. McFarland. who holds four snares. Internal Revenue Collections. The internal revenue collections yesterday were as follows: Beer, 5S45; whiskv, cigars.

J35S.65; tobacco. special tax stamps, case stamps, $422; total. FOURTEEN SUITS FOB, DIVOBCE BECOBD OF A DAT. HARDIN COUNTY MOVES FOR MANDAMUS IT ASKS. SMALL PLAINTIFF WINS CASE.

Twenty-one years in the penitentiary is the sentence pronounced against Arch Wilson, a negro, convicted yesterday in the Criminal Court of the slaying of his wire, Emma Wilson. The woman died at the hospital worn the effects of a blow in-the abdomen said to have been in-fiicted by Wilson on Sunday, June 24 last. This blow the Coroner, Dr. Charles I. Groves, said on the stand caused internal hemorrhage which resulted fatally.

The Coroner stopped the funeral at the time to make an examination of the woman's body. The case for the Commonwealth was conducted by the Commonwealth's Attorney. Joseph M. Huffaker. The negro and his wife lived in "Lincoln Park." which lies to the west of the ciir between Parkland and the State Fair Grounds.

The assault is said to have grown out of a quarrel the two had on the Sundav in question and at which time Wilson is said have beaten his wire severely. Tht defense, represented by Harrv W. Robinson, put on a number of witnesses to show that the death was due to natural causes. It was asserted, and backed up by testimony, that the woman had done three washings on the Monday after the assault and had carried one of them home on her head: the next day was wash day, too, but on that Tuesday night, the defense said, the woman went to a party in the neighborhood and partook of watermelon, green peaches and tomatoes. Indigestion caused her death, it was argued.

The jurv was out for twentv-five minutes, finally finding Wilson guilty of voluntary manslaughter. Fourteen Divorce Suits Filed. Suits for divorce to the number of fourteen were filed yesterday in the Circuit Court as follows: Mrs. Apolonia Locke sued Robert Locke, giving as cause of action that the defendant has been convicted of a felony and is now serving sentence of five years in the penitentiary at Frankfort. Locke was implicated in the election troubles of 1.905 and was up before the Federal Court.

He was found guilty last year in the Criminal Court of highway 'robbery and was sent to the penitentiary. She says that they were married on November 19, in Louisville, and asks for the restoration of her maiden name, Apolonia Smith. Maggie Hall sued Maudo Hall, giving cruel treatment as her cause of action. They were married in Louisville on September 4. 1905, and lived together until November 25.

1907. Mary Tucker sued Charley Tucker, alleging five years' separation. They were married In Louisville on May 30. 1SSS. Miile Scaggs sued Jacob Scaggs, alleging nonsupport.

They were married in Danville. in February. 1S96, and have three children. Mary Stlnson sued George Stinson, giving five years' separation as cause of action. Thev were married in New Albanv on August 23.

1S90. Peter W. Brown sued Mary Brown, alleging abandonment. They were married in Louisville on September 2, 1904. Anna sued Philip Metzger, giving five years' separation as grounds.

They were married on November 22. JSS7. in Louisville, and have three children, of which she asks the custody. Eizabeth Kirby sued James H. Kirby, alleging five years separation.

They were married in Chicago on April le. 1S92. Sarah Thompson sued J. C. Thompson, alleging- abandonment as a cause of action.

They were married on October 25, 1908. She asks for alimony, saying that the defendant is an employe of the Louisville Lumber Company and makes $1S a week. Emma Loving sued Cooper Loving, giving abandonment as her They were married in Louisville in 1900. Lee Bibb sued Loretta Crowe Bibb, alleging five years' separation. They were married on May 1.

1SS9. The father asks the custody of the four children. Henrietta B. Johnson sued Earnest Johnson, alleging five years separation. They were married in 1S99.

There are two children and the defendant lives in Mansfield, O. Kosa ihornbury Nitz sued John v. Nitz, alleging drunkenness, cruelty and nonsupport. She asks for a restraining order, for alimony of SO a week and for rne restoration of her maiden name of Rosa Thombury- They were married in Louisville on June 19. 1907.

Eighteen Baker sued Nannie Baker, al leging fifteen years' separation. They were married In Jeffersonvltle in 1890. Hardin County's Motion Made. Before Judge Shackelford Miller yester day Hardin county's attorneys moved that the mandamus to compel Jefferson county to help build a bridge over Salt River and sought by Hardin be granted. The plaintiff county is represented by James C.

Poston. of Louisville, and by John Boyd, County Attorney of Hardin. The demurrer filed by Chesley Searcy, assistant County Attorney, to the motion was overruled by Judge Miller and the matter referred to the official stenographer of the court, Alonzo Walker, for the taking of proof. Mr. Searcy -yesterday filed his answer to the suit setting forth that the bridge is not needed; that the traffic which would pass over it would not justify the necessary expenditure and that Jefferson county has roads and bridges inside her own boundaries that demand money and attention before the county can think of building the bridge in question.

The argument on the motion will be" heard later when the depositions are ready. Then the case will be submitted to Judge Miller. The suit was filed about three weeks ago. Mr. Boyd was sworn in when he appeared in court, so that he might practice before this court.

Jury lasts For March. Jury lists for the March term of the Criminal Court have been drawn oy Judge Joseph Pryor as follows: GRAND JURY. Joseph Sandford, 2727 West Chestnut street. Charles H. Bryson, 1517 West Ormsby avenue.

E. W. Harris. Eastwood. Duerr, Middletown.

Christopher Thorpe. Middletown. E. W. Elliott, Buechel.

D. E. Maypother. 303 West Main street. A.

W. Kramer. 1419 Second street. Richard Corby. 634 Jarvis avenue.

George Russell, 1S12 Jefferson street. George Boettner, 1G12 Twenty-first street-Joseph Levy i Third avenue and Market street, Morris Silversteln, 311 Fourth "avenue. James Darby, 336 Nineteenth street. John Shake, Jefferson town. Charles K.

Smith, 2224 Bank street Henry Koehler, 410 West Main street. John A. Jackson, 2515 Crop street. Lewis Rehl. Jefferson town.

Hugo Sidenfedden. 1049 Caldwell street. Charles G. Stiglltz, 1S20 Sixth street. City Office Fourth and Market.

Depot Seventh and River R. S. BROWN, D. P. A.

CUTICURA REMEDIES ENTIRELY CURED HER "About two years ago I contracted eczema and suffered intensely for about ten months. At times I thought I would scratch myself to pieces. My face and arms -were covered -with largo red patches, so that I was ashamed to go out. I was advised to go to a doctor who was a specialist in skin diseases, but I received very little relief. I tried everv known remedy, with the same results.

I thought I would never get better until a friend of mine told me to try the Cuticura Remedies. So I tried them as the last resource, and I am very glad that I did. for after four or five applications of Cuticura Ointment I was relieved of my unbearable itching. I used two sets of the Cuticura Remedies (Soap, Ointment and Pills), and I am completely cured. I always recommend Cuticura to any one that is suffering and in every case it seems to cure.

Miss Barbara Krai, 629 Mt. Pleasant Highlandtown, Jan. 9, 'OS." Fretful Babies Suffering from Skin Humors, Soothed to Sleep by Cuticura. A warm bath with Cuticura Soap and a gentle anointing with Cuticura Oint ment, purest anu sweetest of emollients, afford immediate relief in the most distressing forms of itching, burning, scaly and crusted humors, eczemas, rashes, inflammations, irritations and chafings of infancy and childhood, permit rest and sleep and point to a sDeedv cure when all othej- remedies fail. Guaranteed absolutely pure and may be used from the hour of birth.

Cuticura Soap (25c). Ointment (50c). Resolvent (60c and Chocolate Coaled Fills (25c). are sold the world. Potter Drue Chem.

6ole 137 Columbus Boston. arilalled Free, Cuticura Boot oa skin Diseases. E. C. Farmer.

1421 Second street. Charles Twvman, E. R. Binder. 2904 2102 Magazine street.

Lawton avenue. JURY. Joseph F. Stinson, John Rohrman, John W. Hand, H.

Levi, A. W. Steinaker, John Smelzer, Kremer, Fred Kaehiin, Henry Hast. George A. Bickel, Iouis Newman, John Echner, R.

B. Beckley, William Sackett, A. E. Ricketts. John McFarland, John W.

Watson, E. J. Stevens. PETIT Adam Goetz, H. J.

Amshoff, George Kfrchdorfer, Jacob Hettinger. Henry "Witherbee, William E. Barth. William R. Duncan, William J.

Blum, J. J. Brumleve, Philip Ernes. L. W.

Norman, D. G. Thompson, Fred Fahler. John C. Arnold, C.

W. Bauer, J. A. Brady, Albert Funk, Charles Weiss, Child Plaintiff Wins Suit. James A.

Tadlock. "seven years old an' goin' on eight," and a wee slip of a boy, sat on a part of a big armchair before the jury in Judge Field's court yesterday morning and told how he was hurt He was the plaintiff in a suit for damages. of against the Price Lucas Cider and Vinegar Company. The action was in the name of his mother, Mrs. Fronia A.

Tadlock. The bov is a son of Patrolman Walter E. Tadlock and lives at 2406 Montgomery avenue. Replying to the question of his attorney, Charles Ogden, of Edwards, Ogden Peak, the boy related how he passed the plant of the defendant company at Fifteenth street and Portland avenue, on April it) last, on his way to "the sick lady's," a friend of the family. "Whole lots of barrels" were piled on the top of the sidewalk and a man was "coopering" at some of them.

As the boy passed one fell from the top of a stack and struck him on the left arm, breaking the bone between the elbow and the wrist. He was out of school for a month and the arm is still weak. The jury brought in a veruict tor $'i)U. Youthful Bandits Plead Guilty. Sentences of three and two years in the penitentiary were assessed In the Crimi nal Court yesterday against William Rieh- nond and Charles Hart, respectively, rne prisoners are 17 and IS years of age, and pleaded guilty to the charge of robbery.

They, with Sam Smith, a third boy, for whom the police are searching, are said to have held up Fred Schweitzer, druggist at Eighth and Walnut streets, something over a week ago. They came to Louisville from Nashville during the bitterly cold weather by riding on a freight train. The two were arrested by Capt. Eugene Dailey. The Richmond boy got the heavier sentence because he already has served a term in the Eenitentiary at Eddyvllle, while the Hart oy has only been in the workhouse.

Another conviction in the Criminal Court yesterday was that of Timothy O'Flaherty, a negro, who was sentenced to two years in the penitentiary for stealing chickens. Henry Stafford, tried on the charge of having stolen shoes from an L. and N. freight car, was acquitted. Perry Company Asks-Damages.

The case of the Locust Point and Long Run Ferry Company against the J. P. Will Company, a suit for 56,200 as damages, went to trial yesterday in Judge Gordon's court. The plaintiff says that the defendant injured It because of attachment proceedings, which tied up tiie boat during a part of the winter of 1907-OS. The attachment suit was dismissed in court, but meanwhile the boat, it is alleged, was so damaged by ice that it filled and sank "and became a total loss." The suit asks for damages, the value of the boat and what it might have earned had It been in operation.

The ferry connected the Indiana and Kentucky shores. S. Oppenheimer and Chatterson Blitz are. for the plaintiff and Charles Reisch and David W. Baird are for the defendant.

Report of the Grand Jury. The grand jury yesterday returned the following indictments and adjourned until to-day: Forgery Ralph Nicholson. Shooting At Without Wounding Carlisle Miller, two charges. Housebreaking Clarence Briner. "Will of Mrs.

Caroline Brown. Mrs. Caroline Brown, by her will, dated February 7, 1SS9, at Madison. makes numerous bequests which have become $4.15 A Ton rail. I mi; uau mmst? 1 First and Main, Louisville.

Rooms 9 Snacions and Comfortable. Largest and best lighted sample rooms in the cfty. Restaurant unsurpassed. Prices reasonable. Five minutes to all places of amuse ment.

Cars direct to all depots. European Plan. Daaitic $1, S1.50, S2, UUUIIICI $2.50 and $3. The Alfred Struck Co. (Incorporated) Is the Official Contractor for the Electrical and Industrial Exposition.

Exhibitors contemplating installing Booths will do well to correspond with them. Phones 40 right of one of the owners of a party wall to build upon it so as to raise his height above the original height without the consent of the other party. The partition wall between them being -partly on each lot, and each using the wall as a common party will, the inference of a pre-existing agreement to raise the wall Is Irresistible, and where it is necessary, as appears to have been in this case, and does not necessarily injure the adjoining building, the change in the wall may be made by the party desiring it If he does so at, his own expense. Heiin Bruce. Albert s.

Brandeis Tor ao- ellant; Robert C. Klnkead for appellees. Jones vs. Anderson, etc. Filed Februarv 9, 1909.

(Not to be reported.) Appeal from Montgomery Circuit Court Opinion of the court by Win. Rogers Clay, Commissioner, affirming. Deeds Mistake In Deed Intervening Parties. Where a purchaser of property-sold under an execution levy attempts to treat as fraudulent the deed of the debtor to the land, he must show that the pretended sale which purported to pass the title out of the debtor was fraudulent, in such a case the purchaser takes his chances, and if the prior conveyance is good he gets nothing by his purchase. In view of this rule appellant was not an innocent purchaser for value and cannot, therefore, invoke the rule that a mistake in a deed will not be corrected if it affects the intervening rights and equities of innocent third parties.

C. C. Turner. A. A.

Hazelrlgg for appellant; W. B. White, Robert H. Winn for appellees. Hampton vs.

etc. Filed February 10, 1909. (Not to be reported.) Appeal frora Owen Circuit Court. Opinion of the court by William Rogers Clay, Commissioner, reversing. First Lands Void Consideration Stat ute of Frauds.

In this action to recover possession of a tract of land, the plea Interposed by the defendants that by a parol contract they acquired the right to appellant's Interest by service which they undertook to render her. in caring for her, presented no defense for the reason that such a contract Is inhimited by the statute of frauds. The estate attempted to be conveyed was an estate for the life, of the grantor. Second Pleading Bay Be Considered as a Whole. There is no merit in the contention that the judgment of the lower court dismissing the petition was proper even -though the second paragraph presented no defense for the reason that the first paragraph of the answer denied that the plaintiff was entitled to the possession of the land.

In a case of this kind the whole pleading will be considered. J. H. Settle tor- appellant; John W. Douglas, W.

A. Lee for appellees. Continental Insurance Company of New York vs. Hargrove. Filed February 9, 1909.

(To be reported.) Appeal from Graves Circuit Court. Opinion of the court by Judge O'Rear, reversing. Insurance, Fire Installments of Premiums Payment of Pleading. The policy sued on provided that the company should not be liable for loss occurring before payment of installment of premium after it had become due, and In this case the evidence Is overpowering that the check by which payment was made was not received by appellant until after the fire. The averments in the pleading; and the evidence as to how the company' had dealt appellee as to other policies In payment of premiums were immaterial, and should not have been allowed.

Second Payment Mailing of Letter Presumption. The mailing of a letter, duly stamped and properly addressed to the known place of business of another does not raise a presumption of either law or fact that it was received by the addressee, Ralph N. Stanfield for appellant; W. J. Webb for appellee.

"Wheeler, February 10, 1909. Bettis- Bxrs. Filed (Not to be reported.) A Perfect Low-Bridge Mounting Southern Optical Co. (Incorporated) Manufacturers FOURTH AND CHESTNUT STS. Reduced Prices More Light.

Less Cost. Tungsten Lamps 25 Watt, 20 69c 40 Watt, 32 90c 60 Watt, 50 $1.14 100 Watt, 80 $1.42 In standard packages. Let us tell you about them. HARRY I. WOOD CO.

(Incorporated. 518-520 West Main, Phone 2681. LOUISVILLE, KY. There's about as much sense using a razor with a poor blade as there is in using a poor hoe. No.

BW 75 FS BLUE WING Field or Garden HOE BLUE WING have blades that are made of superior duality cast steel, retempered and fire blued blades with an edge that'll hold. They have strong, extra quality waxed handles. BELKNAP HDW. MFG. CO.

(Incorporated.) LOUISVILLE, KY. THROUGH LIMITED CARS ND1ANAP0LIS Ovep line of Indianapolis 6 Louisville Traction Company Will leave Station, Third street, near Walnut street, on and after February 1, 1909, at 8:30 a. 11:30 a. 2:30 p. m.

and 6:30 p. m. every day. 5 Per Cent Net. The FIRST MORTGAGE REAL, ESTATE GOLD BONDS Issued by the Louisville Title Company are nor? being aolil to net the buyer 5 per cent.

These bonds are secured by improved real estate worth two to four times the amount of the loans. You can inspect the property and select bonds to suit. LOUISVILLE TITLE CO. 234 Fifth Bet. Main and Market Appeal from Crittenden Circuit Court.

Opinion of the court by William Rogers Clay, Commissioner, affirming. Decedents Claims Against State Claims. The "claim here against appellees is stale. Every presumption is against the theory that he never accounted for it. Had it been presented during his lifetime, he could have been heard upon It, and aa he Is dead, the court is not disposed to fix a liability upon his estate that those seeking to claim never- demanded during his life.

James James, A. C. Moore for appellants; Blue Nunn. Carl "Henderson, C. C.

Grassham for appellees. Lecture Recital To-night. The fourth of the "series of lecture recitals by Prof. Lester Bartlett Jones, director of music of the University of Chicago, on "The Growth of Song," will be given this evening at 8 o'clock at Temple Adath Israel. The very attractive programme includes some, of the most beautiful songs ever written.

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