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Chicago daily tribune. [volume] (Chicago, Ill.) 1872-1963, February 17, 1873, Image 5

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History of Ono of tho Most Remarkable
Struggles on Record Relating to
Chicago Real Estate.
The Confusion, Litigation, Expense,
and .Uncertainty Attendant
on Laxity in Legal
a Chancery Judge Dissects the Difficulty,
and Decides the Ques
tions at Issue.
With tho exception of tho Boanblen and Bost
wlok suits, which are still halting foobly through
our courts,—and oro of a very diCorent class, —
there has boon no litigation in relation to Ohl
oago real estate moro perplexing, or involving
points of greater interest—whether to tho par
ties concerned or tho public at largo—than tho
* causes known oa tho Flaglor suite. Ono of
these, that against Wadhame ot oh, has now
boon decided, Judge Gary for Judge Jameson
issuing tbo decree, tho ohlot points of which
wore' at tho timo published in Tun Tribune.
Tho decree bo issued, was in accordance with
tho following opinion of Judgo Jameson, which
will bo road with Interest by thoso who bavo
beard of this groat lawsuit, but novor road its
His Honor said: In December. 18(9, Augustan
Garrett died, leaving * will by which be directed tbo
' Income of-his real estate, after tho payment of debts
and legacies, to be divided between bis wife, Eliza
Garrett, bis-two sisters, Mary Banks and Lclitia
Flaglor, and his two nephews, .James and Thomas G,
Crow, In certain specified proportions; and further
directing (hat on tho death or his wlfo and sisters, (he
real-estate should bo divided between Charles D.
Flaglor, eon of Lctitla, and James and Thomas G.
Crow, orlf thcyßboula.be dead, between tho legiti
mate children if any of said Charles and (ho heirs and
devisees of said James and Thomas per stirpom and
not per capita. The widow, renouncing the will,
thereby became entitled to ono half of tho real estate
In fee, leaving ono half to vest under (ho Will. Tho
provisions of that Instrument; disposing of testator’s
property, so far as important for our purpose, are
•contained In the Oth and 7th sections. .which hero
follow. What tho rights of tho Flaglors wore, under
these provisions, not unnaturally at an early day
•became a subject of discussion, and It is still
-unsettled, and tho principal object of this suit Is to do
•termine what those rights were, or what by the acts of
-the parties themselves those rights have since become.
3y the executors: James and Thomas Crow, and the
•executrix, Eliza Garrett, founded perhaps partly upon
ihe construction of tbo wilt given by their
■counsel, and partly upon tbo supposed
Intentions of the testator, tho will was
construed to give, on a division of tho real estate to be
made after tho death of Eliza Garrett, Mary Banks,
*nd Lotitla Flaglor, ono-slxth thereof to Charles D.
Flaglor for Urt, remainder In fee to his legitimate chil
dren, If ho or they should survive tho said Letltlo, oi 1
in default thereof to James and Thomas Crow, ant
their helm In foo forever. There is evidence that this
construction was known to and acquiesced in by
■Obarlos D, Flaglor, before tho partition of tbo estate,
hereinafter mentioned. It waa also provided by (ho
will that the debts and legacies should bo paid out of
tho Income of tbo estate, or that if necessary the
executors should borrow money and mortgage tbo real
estate for that purpose. Too debts of the estate
.amounted to about $30,000, including Incumbrances of
about $30,000 on tbo realty, having from one to four
years to run. At tbe time of the testator’s death tbo
annual Income of tho property was from SIO,OOO to
- $13,000. Tbo personal estate was vary small In amount,
only about $0,300, namely, SO,OOO in various securities
and S3OO in personal chattels. In the foil of 18(9, some
-of the most productive buildings wore destroyed by
fire. Taxes and assessment, in the meantime, con
tinued to increase yearly; the result was that in tho
period from 18(8 to 1801, Immediately preceding the
partition, tbo amount of the indebtedness of too es
tate had been reduced qnly about one-third. The In
come waa insufficient to keep down interest, taxes, and
assessments, and the debts falling duo wore paid by
loans upon tbo security of the realty effected by tho
exooutors. This condition of the estate made It dlffi
cult to pay to Mary Banks and Lotitla Flaglor any part
ot tbe Income of the estate. Discontent on .their part
followed, and the. executors were horrassed by pro
ceedings instituted by them to compel an occount, or
fcy complaints in correspondence of inefficiency and
unfairness on the part of the executors. The Flaglors,
mother, father, end eon. residing in New York, wore
dhe firaiio suggest that the 01-riolou of tho root «sI«U.
provided for by tho will, should. be made, by agree
ment of all tbe parties.concerned, before the death of
ZctiUs Flaglor, tho only,'remaining tenant for life; and
accordingly, soon after, in the fau of 1860, Charles D.
Flaglor cams to Chicago to effect such a division, and
io put into tho possession of his mother the real estate
coming to her, and for that purpose was ormod with
full power of attorney from bis father and mother. Ho
•pen(four weeks In studying tho property, and finally,
toy mutual arrangements or tbo parties, Mrs. eh»h
Garrett, tho Crows, and Charles D, Flaglor,—&U tho
ether persons interested in tho realty under the will,
save tho infant children of Charles, having deceased,—
(ft division was agreed upon; and tbo particular lota
tend parcels of land to go to each wore specified in writ
ing. In making this division, reliance was not placed
upon their own judgment alone, but a careful appraise
ment of each parcel was made by William H. Brown,
"William Jones, and James H. Boee, men skilled In tho
valuation of Chicago property. Tho lists of property
were then handed to Grant Goodrich, tbo counsel of
the executors, with * view to his drafting tho neces
sary papers. Their counsel Informed them that by
reason of tho Interest of tho minor children of Charles
- in the property, partition could not be made by deed,
put that tho decree of * Court was necessary. Ao
- coydinglylt was agreed that a hill should bo filed, and
Charles loft for New York, with tbo understanding
•with James Crow, the. acting executor, that a bill
Should be filed without delay, and that be and bis fam
ily would pay their proportion of tbo expense of tbo
proceedings; to fils an answer, and consent to a decree
of partition, w agreed upon. A suit was commenced
py the executors, for partition, setting out the propor
tions of tho property to b« devised to cart), and mak
ing the Flaglors and others defendants. The petition
declared the interest of tbo parties to be according to
(he construction always placed by thorn upon tho will,
Mid-amongst them, that of tho Flaglors, to be a life
estate in tbo sold Lotitla, remainder for life to Obarlos
J>,, if he survived her, remainder in foo to bis legiti
mate children, or to tho Crows, should ho die without
legitimate children. To tho petition, Frederic T„ Leti
tia and Charles Flaglor, by Arnold & Lay, claiming to
be tbelr attorneys, filed an answer, Jointly admitting
the allegations of tbe petition, and consent
ing io a decree as prayed (heroin. A guar
dian ad litem was appointed for Lucy, T,onj B |.
and Elizabeth Flaglor, the minor children of
Charles, who answered for them in tho usual form,
submitting their rights to the Court. Thereupon, on
the 26th or May, 1851, a decree for partition was enter
ed, lu extenso, purporting to be by consent of tbo
parties. In this decree tbo interest of the several devis
ees tinder tbe will wore to be declared to be as stated
above, and to each was set off, with appropriate limi
tations, tho lands agreed upon to be hold by than In
severalty. On tho 29th day of May, mutual deeds were
executed to carry Into effect tbo decree, and, bn tho
same date, an agreement, under seal, to declare the
purpose and Interest with which. In certain respects,
therein referred to. tbe deeds wore executed. These
instruments were duly acknowledged and recorded,
and thereupon tho parties severally went into posses
ion of tbo lands awarded to than. A negotiation bad
already, before tbe partition, been commenced by
Charles, with the defendants Moses and Wadhams, for
a sale to them of the north jtf of Block 73, the property
in question here, said defendant Moses being then in
possession °* the same, as tenant of tho executors.
These negotiations subsequently, In 1852, ripened Into
a contract Tor the solo of parts of sold property to
Moses and wadhama respectively, and afterwards into
deeds to them from Charles D. Flaglor
and wife; and Lotitla and Frederick T. Flaglor.
Under these conveyances, claim as vendees or
encumbrances, (ho defendants as bona fide purchasers
for value without notice. The questions In the case
relate to the rights of theao claimants to hold as bona
ftd* Purchasers; they are numerous and not free
from difficulty. The first Is as to tho true cons true
tlon of tho will of Augustus Garrett devising real es
tate to the Flaglors, mother, son, and grandchildren
Vers it an original question, upon an the provisions
of tbe will, I auould • bayo illW bnKatlpm 5» V.ffi
that the true construction was that placed upon the
will by tbe executors, according to which sn estate
for life was left to Lotitla, remainder for life io
Charles, if ho survived, or If not, to his legitimate
cbUdren, If any, In feo, with a conditional limitation
PVMIQ Thomas Mjd Prqw. In foo, by ww pf
executory dey|6® case no legitimate wUWf«{4 pf
Qgtof » “Ms Vfeae 0 r tho
«1 (Ueto follows the extract). There
Is a careful limitation Jn iuo- will,
(the language hero used would at common law create
*n estate toll In Charles and the legitimate laauo of hla
tjpdy. By virtue of tho sixth section of oiirOonvoy-
JltOO act, however, tho effect of these provisions was
ogive to Charles, the first devise lu tall, an estate
“,s** roi s atll dor In foe simple absolute to hla
children, Lucy, IjQuisa. and Elizabeth, the next devisees
n.’l. BWH i° u , which reverses or abolishes the
juisju Blelby’s ojso, Ja aa fallawe ; “If thie is taken to
tr ,V®.^ ÜBt , r l uc “ ou of *he Will, there would be an
fr ?. dimCulty, and a decree must pass at opco In
■SSf 9V* if. ou the other hand, the
b ,° rwlralnod io its scope to the
disposition of the real estate wore
the language of tbo seventh
SeM\h«?lJftMl!l r i? nt ? onclui,,ou m, Bht be reached,
inere. the testator ditrtclsjunon tho death of all tbo
Ititt a|/upliaau, as follows • .VlThul the whole of my
§tfilor b Jon n iSnH 1U ?f 1 f between Charles V.
fJ2sJsS?«mu'l *» U J**, O| ;W» legitimate dhlldron
h,a legitimate
omwrcn shall take »g their father would If alive).” etc.
•K provision, there was devised to Charles D..
Ul® termination of his mother’s life cstito If ho
survived her, a foe simple determluablo in rain
of Ids death without legitimate Issue, so as to vest a
foe in tho Crows, by way of executory dovlso, Charles’
was atrictfy a contingent remainder Jn fee, he
condition being hla surviving his mother. In the case
Of Flaslor w. Otow, «,'( !, tW. UJS IS ta"
been the view taken of the will, and I doom mv«uif ■
therefore, bound to hold that, as Charles did survive 1
fU4 mother, hla remainder did in fact vest, and that be I
took a feo As intimated In (bat ouo. In entering the
decree of parllllon, tbero tbo estate wna io divided as
to give to Obirloa D, Flaglor a lose estate than that do*
vised to blm by the will. Sid bo knowingly consent to
that decree, sod was It binding upon the parties to It ?
Thin question opens up the Issues upon which the bur*
don or tbonroors and of argument lias been brought
to boar. First: Was the consent of Charles knowing*
ly given to the decreet I have said that the propo*'
sltlon to anticipate the time of partitioning the estate
was made by the Flaglors. James Crow, the acting ex
ecutor, however, swears that it bad been equally do*
sired by the executors, both officially and individually.
By the executors It was desired to expedite tbo payment
of the debts. Each of the executors wished, also, to have
bis own. and to throw on tho Flaglors, or their separate
e»Cato,tuat part of the debts Incumbent on (bom to
pay. Tho Flaglors hoped, by making sale of some
portion of the land falling to them, to pay tbelr
'share of tho debts, and to receive some income from
tbo residue. All parlies, therefore, desired tho parti
tion ; and on the evidence It Is beyond all question
that Charles.D. Flagler consented, for himself, bis
father, and mother, that the decree might |be entered,
and that bo personally, or by letter, authorized Arnold
& Lay to appear and answer for himself and parents,
and to consent to a decree of partition. Upon one
point only la there any room for doubt, and that Is,
whether Charles knowingly and con
sented to tho limltatlonof his estate from a fee to an
estate for life. It is urged, with apparent force, by
the defendants, that he would not bavo done It under
standing!/, because such a limitation would, In tho
main, defeat tho purpose of the parties in making the
partition, lie wanted to sell, in order to pay debts,
and to realize an income for present support. Although
to a perfectly upright man that fact would present an
obstacle, to Charles it presented none whatever, as ho
still was at liberty to pretend that ho held the fee, as ho
afterwards did, successfully. Besides, a life
estate in city property, like this, when tho
life was that of a man still young,
was valuable, and could bo sold in tho market) and 1
cannot presume that It was not the Intention of all tho
parties, or all but Charles, to sell It as such. Evidence
has boon adduced to show that, In fact, Charles did not
suppose himself limited by the will to a life estate,
or consent thus to be limited; that, believing bo was
to have awarded to him a fee, when tho decree was
read to him he became very angry, refused to as
sent to ft, ami waa padded only by (he execution of
an agreement of which the effect was to sot aside tho
limitation fixed In tbo decree, and bring bis title back
to (bat larger one devised by the will. Those are very
Important points, upon which testimony, has been
taken at groat length. How docs It leave them as mat
ters of fa :tt Two witnesses swear to tho refusal of
Charles to accept the decree'as drawn by Goodrich;
and to tho compulsory modifications of It by the agree
ment; namely, Goodrich and James Grow. The case
made by Goodrich Is, that Charles became very angry
when the decree was road over to him, and refused to
1 execute tho deeds to carry It Into effect, alleging that
1 ho bad consulted Judge Brown, of Newburgh, Now
York, and had boon advised by him that ho had a fee in
> tho land; that witness then suggested the execution of
an agreement which should expressly declare the
deeds to ho given and taken subject to tho
1 conditions and reversions of tho will: that Charles as
sented to this; and that thereupon the agreement of
May 39 was executed, specifically do declaring. James
' Crow makes substantially tho same statement,’ The
two witnesses, however, differ materially upon one
point. Judge Goodrich, whllo he admits that tbo ex
ecutors had always insisted upon their own construction
1 of tho will, and that they would agree to no settlement
' on any other basis, intimates that they did yield to tho
Importunities of Charles, and agree to sign on Instru
ment which might reverse that construction, and end
1 in a settlement upon a wholly different basis. James
Crow declares, flrst, that upon Charles* refusal toi as
sent to tho decree, it was agreed to leave tbo matter of
the extent of tho Interest of tho Flaglors to bs deter
mined by tho Courts, the parties agreeing at that time
merely to execute deeds which should bs subject to the
conditions and reversions of tbo will, without attempt
ing then to determine tho interests thereby convoyed.
But the witness next affirms that such was tbo under
standing when Charles left for homo, in December,
i 1850, but that tbo executors afterward concluded to tto
> the property up.so that Charles oonld not spend It.
> and only gave blm a life interest In It, and
i that they would have settled upon no other
• boats. Ho then, on cross-examination, states
facts wholly Inconsistent with tbo theory of Judge
Goodrich, and with bis first statement, namely, that
' when the agreement—not tho deeds—was presented to
i Charles, for his signature, be was very angry. Witness
’ told him that If ho dldnot sign It, it would brook up the
i settlement, and that ho (witness) would keep control of
; tho properly, and It might take ten years to get it outof
debt. To this Charles replied, to use witness’ words,
| “Wo had him In our power, and his necessities com
pelled blm to sign It—l mean our argument. I then
. sent for Mrs. Garrett; she came down, and wasat
around the table, and all'signed the papers without
hardly a word being said, * • • After tho papers
1 wore acknowledged, I banded Chariot his deed, and
Save him possession of‘the property.” Without say
ig that either of those witnesses baa made an Intcn
> tlonal misstatement, It seems clear that wherein they
> agree thqy are mistaken, that is, as to tho agreement
’ to leave to the Courts the determination of tho estate
Which the deeds should convey to each, for that view
> Is inconsistent with the declaration of Charles, Just
1 recited, that ho signed tho agreement against bis will
1 and under compulsion of hli necessities. If anything
• occurred, justifying tho statement of those two wit
nesses, to the contrary, It must have been in tho early
part of tho interview, and if Charles then took
• the position supposed, ho must, 1 think have
abandoned It afterwards. One circumstance demon
strates, beyond question, that Charles did not
■ believe himself, In executing the agreement, to be tak
ing the deeds merely to determine tho property to be
held by the Flaglors, whan tbo nature and duration of
■uch estate, so far as he and his children were con
cerned, was to be loft for adjudication by tho Courts,
i That oiroumotsnoe ia, that, about a month after sign
ing that fcgraomant, Charloa pt«uaUd to ilia Surrogate
; of tne proper county, in New York, a sworn petition to
■ bo appointed guardian for his minor children, in which
1 ho stated that they had an interest In property In Chi
cago under the will of their grandnncle, Augustus
Garrett, after the determination of life estates of his
i mother and himself. To his neighbors in Now York,
i also, Charles often declared that his children were to
' have tho property after bis death, bis own Interest bo
tag only a life’ eatoto. Although Charles, at times,
> mode statements different from these, Importing that
• ho owned the property In Chicago, and that ho could
giro a good title to It, less weight is to bo given to thorn
than to solemn admissions under oath, upon .which
i Important action touching tho in tercets of bis children
was to be baaed.' Charles was generally a braggart,
dissolute; and dishonest ; but ho was sometimes truth
ful : - and one of those times was when bo filed that
Eetitlon. But, considering that Charles, knowing
Is rights,■ consented •• to the • decree as 'lt
stands, It Is said (by counsel) that there was
no consideration moving to blm or from tbo executors,
for an abandonment of a feo tot a less estate, and that,
by the catabUsbod'prluolplee of equity, this Court will
not lend its ald to enforce a decree unless it Is not only
free from error In law, but Just and reasonable. In
relation to a consideration, I think tbs agreement to
alter the terms of the will in respect to the time when
partition of tbo real estate was to be made, at tbe re
quest and In favor of. Charles,. constituted a sufficient
consideration. . The arrangement effected was a family
settlement, which Courts. of Equity will always sus
tain, unless fraud or Imposition be clearly proven. To
such a Court, tbo more. evidence of an unseemly con
test between children,. or. collateral heirs of a deceased
Sarson, quarrelling over tho distribution of his estate,
consideration enough for an amicable division, al
though tbo law .would, perhaps, award the portion dif
ferently. But was there no valuable consideration for
the concession made by Charles 7 When the agree?
ment for partition was made, in December, 1850, to
tho list of property to be deeded by tho Crows and
Mrs, Garrett to the Flaglors was appended tbo follow
ing proviso: “Wo deed tbe above property to the Flag
lors aubjoct to the covenants, conditions, and rever
sions ofthowlU...Flaglor 1* to payhla portionoftho
encumbrances and debts .against tbe ostatew of
whatever kind or nature; also fils portion of
tbe legacies.” The purport of this was. that
tbe Flaglors were to take their allotment of land, sub
ject to its proportion of the general burdens resting on
tbo estato-r-the encumbrances, debts, and legacies,
and also subject to the particular conditions and rever
sions, In favor, first, oftho children of Charles, and
secondly, of, the.Orows,—the will providing for the
vesting of the Flaglor interest in, those children upon
a certain . condition.. and .in the Crows upon
another condition, which lost Investiture Is spoken of
as a reversion. These eventual Interests wore pre
served in tho original agreement by the provision
cited. Jomea Crow swears that be and his brother had
always agreed to release to Charles this so-called re
versionary right. The.deeree nevertheless still reserved
It, as well os provided for a charge upon the Flaglor
lan(fc to pay legacies, debts, and encumbrances. When
the deeds came to bo executed, however, on the 29th of
May. the decree was modified by* provision in tbe
deed of the Flaglors to tho Crows, by which they re
leased the latter from payment of the annuities, pay
able by tbe executors to tho Flaglors, out of tbe
income of the estate, in pursuance of the will. In the
deed from the Crows to tho Flaglors was Inserted a
correspoudlugrelease : “Of all reversionary interest
they (might) may have in and to the above described
promises under and by virtue of tho will,” otc, Now,
while these releases seem to bo In consideration, each
of the other, they really were not so; it was the Crows
only who released a substantive and valuable right.
Tho Flaglors released the executors from tho payment
of income, because tho lands from which that Income
was to arise were by tho same transaction convoyed to
them at all events, in equity, and wore by intendment
to be ultimately convoyed In full. On the'contrary,
the Crows released to the Flaglors such' right to the
Flag or lands as they bold as. • f rayorslau«s?l that Is,
tw Virtue of the piufcutory m Riel* faVor la the
Py this roloas?, thaao
from the Flaglor succession in
jqo;eograuwdlumi oy the Willi for a less estate. I
jiaVO iui doubtJhat Charles regarded an estate in these
lanos, m
than a fee, which, in view of ■"
tSe 11 SK? “
slon of the rents, Conceding, therefore, the prluclnle
invoked hv counsel, that Courts ot Equity, whoa aSS
creo remains unexecuted, will refuse their old to carry
It into effect, unless upon .looking Into oil tho circum
stances it appear Just and reasonable, as well as free
from error, I discover hero no such unreasonableness
or Injiutlc. u wmili; warrant n\o in miming Ihs ala oi
the Court, If necessary, to a perfect execution of tho
decree of partition. Not only has there been a decree,
by consent, wittingly, and upon sutficlent consldoro
tlon entered, but that decree has been, In all substan
tial respects, actually carried out, the advantages on
tho one side received and enjoyed, and the dlsadvau
tageotiu tho other Buffered; and that very many years
before the commencement of this proceeding. If it ro
mains still unexecuted, It Is Only lu the technical ro,
snoot that while the equitable title has passed under
the decree, and the deeds, and agreement made In exe
cution of it, tho legal title has never jiusued from Us
original depositaries under tho will. Who wore
these depositaries: and is U true that
they ’ atm hold the legal UUo ?
Augustus Garrett, by bla will, required his executors
first to pay his debts, using for (hat purpose all the
Income from hlatstato; but bo added that he dldnot
wish sale to he made of his real estate, but that they
should “ borrow, ftpm time to time, sufficient money
to pay said debts, os fast as they became due,” He
thou continue*; 11 For tho purpose of enabling them
to borrow money so as to pay my debts, I do hereby
authorize them to pledge any personal property * *
and to mortgage any real property.” Tho eleventh
clause of the will, moreover, contains a provision em
powering tho executors, their heirs, executors, and ad
ministrators. to retain sufficient moneys to reimburse
themselves for cost and expenses, and that they shall
ho charged only for wilful neglect,- and for moneys
actually received by them respectively. From these
{’revisions, Ik appears that tho legal title was Intended
»y tbo testator to bo vested In his executors, subject to
tho trusts created by the will. That instrument was
drawn by oounsol skilled In tbo law, and If tho author
ity given tho executors to borrow money wore standing
alone, capable of being considered as a power merely,
not carrying the legal lute, tbo mention of the heirs or
(he executors is inconsistent with any view but (hat
tho legal title was Intended to bo vested In
them. Perhaps, however, Is It unnecessary to
argue tbo question, as tbo answers of the
defendants expressly admit that tbo legal title was
vested by thb will In the executors, and Ido not mi*
dorstand how. with the pleadings containing such an
admission, their counsel can maintain tho contrary.
Whether tholcgal UUo waa, or waa not, divested from
them, by tho deeds of May 29, la a fair question, and
the only one) os I conceive, that can be raised on tbo
point. To this question I now pass. To carry Into
effect tho partition ordered by the doorce In Chancery,
each of tho devlsoea of tho real estate, on tho 291h of
May, executed a quit claim deed of ibolr allotments
respectively. The original agreement for a division
had boon, that each should take and hold subject to
tho conditions and reversions of tho will, that Is, as wo
, have soon, to tho burdens of debts, and specific lega
cies. and annuities, tbo reversion io tho Grows, and to
tho limitation over to the children of Charles D. Flag
lor. In carrying tho division Into effect, by deeds, tbo
Crows .In their deed, released this reversionary right
to tho Flaglors, receiving from tbo latter, In tho deed
executed by them, a rolcasoof income, since now they
took tbe land Itself, leaving only tbo debts and specific
legacies further to be provided for. As to tbom, tbe
equity was, that each recipient of a part of tho real
estate should receive It charged with tho. pay
ment of so much of tho debts and such part
of the legacies as they were severally made
liable to meet, or as waa in Just proportion to tho land
received by each. This equity might have boon
worked out by inserting a provision In each of the
deeds, also, creating such a charge; but to avoid pro
lixity In tbo deeds, Judge Goodrich, who drew them,
advised. Whether wisely or not may bo doubted, that *
separate instrument should be executed, at tbe same
time with tbo deeds, for that purpose, That, as I un
derstand tbe transaction, Is all there Is of the supple
mentary agreement of May 39. It Is an instrument In
tended. simply, to charge tbe parcel of lands severally
allotted to the various devisees of Augustus Garrett
with their just proportions of tho debts and legacies.
And that instrument, taken together with tho deed,
waa intended to carry into effect the decree entered
throe days before, and nothing more. Tho parties to
them did not suppose they wore executing them to
enlarge tho estate given by that decree, or In any re
spect to change Its provisions. Whom therefore, hold
ing tho logal utlo, tho executors of Garrett convoyed
their Interest in the lands allotted to the Flaglors, they
Intended to convoy to them snob estate only as tho
decree allotted to them, that is, a life estate to Lotitla,
contingent remainder to Charles and to his legitimate
children, who did survive Ntm. To preserve
tho contingent remainder, tho technical rules of
conveyancing would require that tho legal
title should be vested In Trustees, during tho life of
Lotitls. That is what tho legal gentleman who drew
tbo will ought to have done, and, as I read the will,
It is what they did. Tho legal title was vested in the
executors os Trustees to preserve contingent remain
ders. Tho parties, by their deeds of May 30, Intended
to do nothing to destroy the remainder to the chil
dren, even If they could; and those Instruments must
be restrained In effect so as to convey only such estate
as the grantees therein wore entitled to under tho de
cree. But suppose this error that tho legal estate was
conveyed to the Flaglors, In spite of the intention of
the parties, as Is contended by counsel for defendants;
then tbo equity Is, that this Court should decree tho
transfer or the legal estate, thus erroneously and un
wittingly conveyed contrary to tbo Intentions of tho
parties and those severally entitled thereto, If the
form ot tho bill, then, bo such as will not permit a
decree to that effect. I am inclined to tbo view that the
bill may be amended (tbe parties afterwords amended
tho bill expressly adapted to this view; asking relief
accordingly), so that each decree may be made. Then,
suppose the doctrine contended for by Mr. Holes to be
true, that the legal estate did not vest in the
existing executors, bnt in the heirs of Augustus
Garrett, and that it came to Charles by way
of executory devise, and from him was convoyed to
tho defendants, the same observation may bo made,
the same equity would exist. If by any misconcep
tion of tb6lr rights, or any erroneous proceedings m
carrying Into effect tbo agreement, tho title was
Tested whore it ought not to vest. I think that tho
Court has power to direct it to bo divested, and to go
whore it should. Upon tho question which now re
mains, as to tbo right of tho parties, at present in pos
session, claiming this land as bona fide purchasers, I
shall only briefly observe) not having time, or, not
being in a condition to enter Into that question, I shall
decide it In a measure pro forma. My Judgment ia,
that Inasmuch as tbo very earliest purchasers of this
property bought whllo these proceedings wore matters
of record in the Circuit Court, they, and oil who claim
under them, took with notice, and must bo held bound
by all subsequent proceedings. If lam correct In
supposing that there was a valid partition, upon suf
ficient consideration, made of record of tho Circuit
Court, wittingly, intentionally, It Is obvious. It must
be obvious to every one, that all tbe world will be
bound by that decree; and that no one, by purchasing
of Charles D. Flaglor what purported to be a foe,
could acquire a fee u Charles had merely a life estate,
ami if tho records of tho Court showed that fact, the
conclusion is, therefore, that tho complainant Is en
titled to a decree. ....
Arthur W. Windett was oounsol for the plain
tiff, and for the defendant, Wadhams, appeared
Beckwith, Ayers, and Holes, and, for Engle &
Bay, George Herbert.
Arrangements for tho Celebration of Sc.
Patrick’s Day In Chicago.
A mooting of delegates from the different Hi
bernian associations was hold at Father Mathew
Temperance Hall, on West Harrison street, yes
terday afternoon, for tho purpose of making ar
rangements for the proper celebration of St.
Patrick’s Day. David Walsh, Esq., presided.
On motion, a Committee on Credentials—one
from each society—was appointed by tho Chair,
and they reported tho following organization,
represented:. Hibernian Benevolent Society;
Roman Catholic Temperance and Benevo
lent Society; United . Sons of Erin;
Father Mathew Total Abstinence Society; St.
Bridget's, Temperance and Benevolent Society;
St. Patrick’s Benevolent Society; Holy Family
Temperance Society; St. John’s Mutual Benevo
lent Society; Horao-sboors’ Union; Church of
tho Nativity Total Abstinence Society; St. Pat
rick’s'Total Abstinence and Benevolent Society;
Emerald Benevolent Society No. 2; Annunda.
tlon Benevolent Society; Sheridan Guards; Mul
ligan Zouaves; Montgomery Light Guards; La
borers' Benevolent Association. Tho report waa
accepted and adopted,
Tho same Committee wore instrutced to nomi
nate offleura of tho Convention, which they did.
as follows: 4 *
JVdritfcnt—David Walsh,
Via President —John Connell.
Secretary —L. H. O’Connor,
Treasurer—B. o’Salilvan.
The report was accepted, and the gentlemen
named wore elected. »
The Treasurer reported that there was $87.60
on hand. •
On motion, a Committee of ono from each
society was appointed, and instructed to nomi
nate a Chief Marshal for tho proposed proces
sion. After, deliberation, they recommended
David Walsh, of the Hibernian Society.
Mr. Walsh said it had boon the custom to se
lect tho Marshal from tho Societies according to
(he date of their organization,—to give every
Association a chance to share tho honor. J
Mr. Sheridan coincided with the views of tho
Choir, and hoped the old rule would bo adhered
Mr* O’Connor opposed tho “ancient custom.”
Tho Societies did not always select their best
man, and, in consequence, groat disorder pre
vailed iq the procession, oa account of tho in
. competency of tho person ia command.
Mr. O'Suliivan moved that tho rule heretofore
In vogue he rescinded.
The motion was agreed to, and tho report of
tho Committee was adopted. r
• Mr. Walsh returned thanks (or his election.
Although rhenmrtfo, ho would mouut hlo horse
and attend to his duties on tho 17th of March.
[Applaunp.l ......
The matter of selecting q- lino of march was
the Marshal and his aids,
A preojpble, objecting io the rendezvous here
tofore adopted—West Washington strof»t«-and a
resolution designating Desnl-foea street, near
Adams, as the pllCe ror tho assembling of the
SCSlOtlea, was referred to tho Matshal quq his
The meeting then adjourned.
Tho Salt-Works oC Southwestern Vir
The somewhat famous salt-works of South
western Virginia have a singular history. Whore
thoy aro located was onco a vast swamp,
noisome., slimy, aud dangerous. Door, hogs,
and cattle would often bo found dead thoro.
Vapors continually arose from tho soddon
ground. Bo lonely was it that it got tho reputa
tion of being haunted, and when William
Crabtree, a hunter, settled upon it and
claimed it, he found no ouo to dispute
his right. From his heirs a certain ■Will
iam King, suspecting Its value as a salt
hold, from various indications, bought it for a
rifle and a pony. He opened it, and cleared it,
and dug hfa wells. It was a profitable business
and rapidly increased. During tho war those
works wore tho principal dependence of the
Confederacy for salt, Over a thousand covered
wagons waited at one time to load. Thoy con
voyed tho salt for hundreds of miles Into tho in
terior. After several attempts tho Xi’odoral
troops demolished the works, bnt never hold
them for any length of tlmo. Tho company
now have six furnaces, and mako 3,100 bushels of
salt a day.
Efforts of a Tliief to Have His Bail
Interesting Notes from the Bank
ruptcy Court.
Liability of Physicians for Unskilful
Items from All tlio Courts—-Now
Tho man “ Mannlo "Marks Booms to have many
and wealthy fnondfl. Hlb arrest by tho police,
on suspicion of being concerned in various rob
borrios, was briefly mentioned hi Saturday’s
TnrocrNß, and tho following aro tho particulars
of tho caso subsequently: Tbo charge upon
which he was hold by tho police was of robbing
from the person of parties whilst the lattor wore
asleop, in a, Pullman slooping-oar, in September
lost, and on this ho w&s retained, and carried be
fore Justice Banyon, tbo prosecution praying a
remand on tho ground that their witnesses wore
not obtainable without delay, ono of tho victims
boingin'Wisoonßlnandono in another State; their
preciso'addroasoaboingyet unknown. Tho defence
resisted this, but tho Justice was satisfied with
tho reasonableness of the request, and directed
tbo prisoner to bo, remanded under SB,OOO ball,
in default of which, his friends not having been
notified, "Mannio" wont to tho county jail.
On Saturday morning, John Lylo King, tho de
fendant’s counsel, petitioned tho Criminal Court
for a writ of habeas corpus, arguing that tho
Justice aotod illegally, and that ho had not juris
diction under the circumstances rolqted. Judgo
Gary decided thdt.iho Justice aotod legally and
properly, and bo refused to reduce tho bail,
which remained at SB,OOO. Quito a crowd of
acquaintances appeared during tbo hearing, and
Ur. “ UonnioV’ friends appeared to mako little
account of thousand dollar ebooks. Ono of tho
party who stopped familiarly up to tho Judgo to
bavo a “little talk” with him “in a friendly
sort of way,” as to tho desirability of lotting
“ Mannlo” down easy, was as much taken aback
as it was* in bis nature to bo, by His Honor
rather sternly interrupting him with tho remark
that ho “ doolined to discuss law matters with
other than lawyers whilst on .the Bench.” Tho
moro ono has the pleasure of flitting around
Judgo Gary’s Court, tlio moro hope ono enter
tains of tho dignity and majesty of our future
courts, but now emerging from tho frontier,
back-woods, tobacco-chewing, and hand-shaking
In the matter of M. Prescott, bankrupt, tho
Provisional Assignee on Saturday reported tho
sale of tho entire stock to Charles B. Halbert at
60% per cent of the invoice cost. Tho value
per inventory was $7,654.67, and tho soiling price
$6,080.88, tho purchaser paying $1,780.68 cash,
and agreeing to pay $l,lOO per month, guaran
teed by Charles H. Gould, President of tho
Grondy County National Bank.
B. E. Jenkins, Assignee in tbo estate of A,
Willis Paine, on Saturday reported tho solo of
the stock to O. W. & E. Pardridgo on tho terms
stated in The Tribune a few ego, and tho Court
confirmed the same. The amount realized was
Tho Assignee in (ho estate of Fottibono &
Flynn, on Saturday had leave to sell the bank
rupts’ unfinished building and building material,
on Fifth avenue, subject to all mechanics’ lions,
for $475.
In tho matter of Taylor & Gammon, bank
rupts, tho injunction of Oot. 23 last was on Sat
urday dissolved, as to Bristol, and tho property
seized belonging to Bristol was ordered to bo
Adjudication by default was entered, in tbe
matter of O. 8. Noyes & Co., on Saturday, re
turnable before noon on the 15th prox.: and in
tho matter of Munson, returnable before Hib
bard, 4th prox.
In Hannon <fc Copp an Injunction was issued,
on Saturday, restraining the sale of stock seized
by a Constable under a distress warrant.
Tho Court, on Saturday, ordered tho salo of
notes and amounts in the estate of Michael Bum
sell, by private auction, after ton days’ notice by
Solicitors* fees and disbursements wore order
ed paid, in tho estates of Henry Simons and
Miohaol Bumsell, on Saturday.
Tho claim of——Pyno against tho estate of
F. Ward & Co., waa, on • Saturday, allowed,
amounting to S2OO. ■
Messrs. Spafford, MoDaid & Wilson havo taken
in hand a cose of considerable • interest, namely,
for damages for injuivrosulting from unskilful
surgical treatment. They on Saturday filed a
declaration, commencing suit for William White
v. William McCarthy, in oaao, SIO,OOO damages,
Whito affirming that McCarthy, representing
himself to bo a physician and surgeon, under
took to tend bis broken or dislocated shoulder
on the 22d of December, 1872, which he attempt?
od with so much unskilfulness and want of
knowledge of his profession that tho shoulder
became permanently deformed, and tho unfortu
nate man is now disfigured and crippled for life,
and unable to perform manual labor, by which ho
is deprived of tho moans of gaining a livelihood,
Tho reader will remember that, when Judgo
Farwell dissolved tho injunction and dismissed
tho bill in Biekordyko v. Peck, His Honor gavo
loavo to Peek to file a suggestion of damages; it
being shown that tho stock of tho Z. I. P: Com
pauywould probably bo seriously affected by tho
injurious reports circulated in ooDflomiebco of
the injunction obtained on tho faith of Bioker
dyko’abill, and otherwise. On Saturday, sold
suggestion of damages was filed, os follows:
Depreciation of stock during ' pending injimo
tlon. _ ti mn
Attorney's foes ***’’ ’’ * * '«on
Broker’scoflls.,., ***** in
Brokor’sfoes ; ••••«♦
T0ta1.....; .r.;. i. ..12,335
So that tho complainant would appear to havo
gained very insignificant advantage .by his mo
attachments for contempt.
Judge Gary, on Saturday, ordered an attach
ment for contempt of Court to issue against tho
complainanfcla Rood V. Rood for divorce, on ac
count of tho offender having disregarded tho
order of tho Court to pay alimony.
In Dixon y. Kinnoy tbo Court also directed an
attachment to issue against tho defendant;
Cheater Kinnoy, os trustee, for not paying over
certain moneys by him" In trust, as or
dered some days ago. Both attachments ore
returnable forthwith, * •••
, WV*i CornU. the lady who created so much ox-
of the milder typo la tho Courts, some
weeks oko, by tho vehemence with which she
testified tp tho oruoUy and worthlessness of her
husband, In answering his salt for divorce
xr er ‘ already returned to live
with the gentleman whom oho doscrihod’
as such a brute, Mr. 9 tt fttuhaps, thought
“°h»W Congo,quontly escaped the payment of
alimony and solicitors' fees, which be was, by
order o{ Court, directed to pay, but which ho
neglected to do, tho consequence being that a
rufe to show cause why an attaolunont should
nqt bo ordered was on Saturday issued against,
him for contempt of Court.
.> Forsyth v. QcrrqU et al,, before Judgo Tree,
the jury an Qo,tunlay found for tho plaintiff,
¥O,QoB,J}B, The case was a curious ono. Forsyth
claimed that Carroll, deceased, late a distiller of
Poona, promised him an interest In tho busi
ness, os well oa salary as a bookkeeper, of which
neither promise was kept before his death. Ev
idence of tho promises wasglveii. Tho suit
against the widow and family.
The recent remarks of JqdßO Blodgett as to
tho dilatory conduct Of tho winuoshuiU Insur
ance Company, scorns to have aroused that gen
tleman. On Saturday ho commenced six suits
in assumpsit against small debtors of tho Com
pany of from SIOO to $l5O each,
A motion for now trial was granted by Judgo
Rogers, ou Saturday. In the Town of Jefferson
liorfuipery. wor, entitled Boottschor v, Swolgort.
loottsohor sued Swolgort, a Constable of Jeffer
son, for arresting him under circumstances of
ten told lu those columns, contending that tho
arrest was not made under any existing law,
Railroad suits are the fashion Just now. On
Saturday, Anna Sohading, by her next friend,
Charles Gerhard, commenced suit against the
Michigan Central and Groat Woßtora Hallway
.Companies, in ease $25,000 damages.
The Feldmans, on Saturday, brought a similar
milt to that published In tuts column a few
days ago, against Edmund •Tusson, to rocovor
alleged excess of per diem capacity tax on the
produce of their distillery.
The jury In the suit, Wear v. Sherman Hall ot
al.. the particulars of which have already boon
published in this column, on Saturday returned
a rordlot for the plaintiff for $5,553.75. A mo
tion for a now trial was entered.
Warnoll y. Barrows was tried before a jury. In
the United States Oiroult Court, on Saturday.
Tho ease did not tako up muou timo, and the
Jury returned a yordlot without difficulty for
In the matter of Goorgo Hansloin. a bankrupt,
a first mooting of creditors was hold before Reg
ister Hibbard on Saturday, when Mr. Haymaker
was elected Assignee.
In Souddor v. LaQrango Iron and Stool Com
pany submitted to Court. Judge Tree, on Satur
day, assessed tho damages at $6,072.60.
An action In trespass was commenced, In tho
United States Circuit Court, damages SO,OOO,
John Q. A. Crosby y. Philotus W. Gatos, on Sat
Tho Hancock County National Bank on Satur
day commenced suit against tho firm of D. R.
Brandt A Go,, in assumpsit, SIB,OOO damages.
Tho next case to bo tried before Judge Tree
will bo tho Wilson Sowing Machine Manufactur
ing Company v. White.
Judgments wore rendered by Judge Porter, on
Saturday, against the Commercial Insurance
Company, amounting to $12,600.
Judge Rogers on Saturday ordered a special
venire of twelve jurors for service during next
Tire United States Circuit Court. —John A,
Crosby v. W. Gatos; trespass, SO,OOO. Daniel Evans,
of LaSalle County, t. Edward A. Morse, of Rutland,
Yt.: record from Cook County Oiroult Court.
Tns United States District Court—Lambe,
Assignee of tho Winnosbcdk IMro Insurance Company,
v. John B. Wright, Locus Froeksen, Ellas Elnyro,
Jonas Soystor, Chester Wagner, and Hiram Board;
suits in assumpsit.
Tux Circuit Court.— s,B9s—Peter T. Allen v, E.
M. Smith: appeal. 5,890 —J. B. Druokman v. A. 8.
& J. 9, Robinson, and N. M. Platko; replevin of
household furniture valued at |SOO. 5,897
—-In the matter of tho petition of John
Smith and Elizabeth O. Parker, guardians
of Arabella O. Smith sod George H. Parker, for
S* ito sell real estate of their respective words,
—Waixolotnl.v. Hunt; appeal. 5,899 —Kloaaet
a), v. Louis. s,ooo—Herman J. PaUJman et al. r. Ed
mund Jassen: assumpsit, $5,000. 6,ool—Louisa v.
Frederick Carotene ; divorce on tho ground of cru
Tire Superior Court—<2,slß— William White v,
William McCarthy: case, SIO,OOO. 43,349-yHolgo A.
Haugen v. David Johnson, Gutdon 8. Hubbard, Jr.,
and O. E. Tcrrott; petition for mechanics’ lion on 210
Townsend street. 42,860—Vandorvoort v. Vandcr
voort; divorce. 42,851—Anna Sohadlng by her
next friend, Charles Gerhard v, Michigan
Contra! and Great Western Railway Companies;
cose, $25,000. 42,362—8urke v. Haas et al.; appeal.
42,854—Jesse B. Spclraan ot al. v. Emil Horner; debt,
$1,221.05; damages, SI,OOO. 42,854—French and Todd
v. A. O. Loboll and E. Bushman; assumpsit, SSOO.
42,356—Hancock County National Bank v, D, B. Brandt
& Co.; assumpsit, $lB 000. 42,350—Spomaa v. Welch ;
appeal, 42,351—J0hn Price et al. v, Edwin S. GUlott,
Jam® O. King, and A, G. Ayers; replevin of the
brick building on the nOrthwoat corner of Polk street
and Fifth avenue, stabl®, sheds, trucks, a wagdn,
dressed and undressed stone, and two derricks, valued
at $l,lOO. 43,358—Select & Co. v. D. L, Qamty; as
sumpsit, SSOO. 42,869—James Bugoid and James
Creighton v. Maurice Bwyro; assumpsit, S3OO. 42,300
—Stow v, Taylor; appeal.
Jaime’s Expectorant.
I liavo long known tho virtues of Dr.- Jayno’fl Expec
torant, and frequently tested them on myself and fam
ily, when alUictod with coughs or colds. I believe It
to bo one of the best remedies over discovered for
these maladies. lam aboni to sail on a voyage to Eu
rope, and should as soon think of exposing myself to
the changing aides of England without an overcoat as
without a supply of Jayne's Expectorant.—Bsv. Dn,
Dowling, fortntrly Pastor of Uerean Baptist Church,
Sew York,
The War of the IV. Ds.
Boston. Fob. 15. — Tho Supremo Court baa de
cided that the Medical Society bad a right to ex
pel Homoeopathic doctors.
Review for tho Week Ending Satur
day Evening-, Feb.ls.
Tho receipts of live stock daring tho weak
have been as follows:
.. . .. Cattle, Hogs. Sheep,
Monday 1,661 0,660 2.035
Tuesday. 1,657 16,183 6<7
Wednesday 1,328 15,643 1,882
Thursday. 1,644 18,068 1,881
Friday 1,220 13,535 BCO
Saturday COO 12,000
„ Total 7,910 84,094 7.2U
Last week 12,202 120,642 0,188
Week before last 12,464 130,005 11,120
Week ending Jan. 24 8,627 103,728 0, B6ff
Total 4 vrooka 7... 41,163 439,009 87,374
Same period last year....... 40,722 209,410 39,660
Increase 441 170,653 ....
Decrease .... 2,185
Shipments wore os follows s
, r ■ Cattle. Hope. Sheep.
Monday 1977 7,160 483
TuMday. 610 8,001
Wednesday,.,.,.., 838 C,117
Thursday,.. 1,600 6,704 345
Friday......... 897 8043 1,927
Saturday (no returns) .... .... ...
T0ta1.,,,', 6,797 80,145 2,765
Last week 6,929 83,932 7,210
CATTLE—BInoe our last weekly review a very
satisfactory change has .taken place in tho gen
eral features of tho cattle market, a more active
demand existing, and prices ruling firm and
higher for nearly all descriptions of stock. Tho
causes of tho favorable reaction are found in
tho lighter receipts, tho bettor quality of tho
stock offered for sale, and In the improved trans
portation facilities. Tho supply of stock cars
has boon fully equal to the requirements of the
shipping trade, and although Eastern advices
were not of a character to Impart an unusual de
gree of confidence, shippers seemed anxious to
invest, and the demand from that source proved
sufficient to absorb all suitable offerings, and at
steadily advancing prices, the appreciation dur
ing the week amounting to |[email protected] Tho de
mand for stock cattlo-haa also much improved
Feeders from this and adjoining States have boon
In regular attendance, and good thrifty
young steers averaging from 000 to 1,050 lbs
wore sought after at [email protected]—showing an
advance of about 250 per 100 lbs, as compared
with former rates. The improvement m the
poorer aorta Was not aa noticeable, lairfc cover
ing tho advance in auoh. Tho only descriptions
for which there wae note fairly 'active inquiry at
bettor prices than prevailed last week were poor
cows and thin, rough steers, which, though not
in ae largo amply ae during the
' comprised a tooWe proportion
fforin( f 0 ’ dragged more or lose
from the opening of tho market to the close!
Tho _ business of slaughtering ind'ablp
mon to fair, md gt for good to
choice oorn-fod, New milch cowa are now com
ng forward nretly freely, hut there ia increasing
ieWeS-Sf ,*S? P r i<™ wc auatatnod at
mOO®4jS per head (for poor to choice qaalitlou.
Teal cffvoß anil stoodlly at 83.80iad.80 for oom
§SL t0 Sl r ' ( “ a al [email protected],78 for. good to
ron an - 11 ? °?5 romo ° j PriWa WOB 82.00
@o.so—tho luaide for sotUlawags, and
]~* ?.W? AW'f M extra atoora, averag
es 7,d82| ins. Moat of week's sales were withm
(hargngoof 88.00®6.25.
wm «“*U. Neither local
am SSr ? Q<an6a inclined to operate to
w2n nw tt ” a onl y a tranafora
pore (mooted. Prices were nominally unhanged.
Lxtra—Graded steers averaging 1,400 Iba
*?aii?Ha== !, ' S3W
)2, t IX? a .F old Btc or 8 * and averaging 1,300
101,iUU ib 8..,, 6 70ti£0 00
Good Beovoa—Well-fattened, flncly-VonnVd
Btoors, averaging 1,200 to 1,300 ll*. 6.25Q6.M
Medium QradetKvßtoora In fair desk, uvor
l.hjo to 1,250 Uis ([email protected]
ButoUora Stock—Common to medium
Blows, and good to extra cows, for city
floell, aycraglng 700 to 1,050 Iba [email protected]
lufcnor—Llgfit and thin cowu, ludforu,
e% lu » ond “callawag steers 1.75Q2.75
,T n ““i Northern summorod 3.50®3.80
Cattle—Ooru-iod Toxoa , U.78Q4.25
The arrivals during tho week wore
84,054. against 120.043 last week, and 100,605
weak before last. During tho four weeks end
ing to-Ufty, tho receipts have boon 489,000,
$ 280.410 for the corresponding period In
1072,—an increase of 170,553. The market
opened aoiive ond strong tuis week, The fact
that there was an ample supply of oars enabled
shippers to successfully compote with local
packers, and with those two interests lu active
competition, trading was brisk, and prices wore
higher. Monday’s sales wore at
[email protected],—indicating an advance of 100 as
compared with tho pricoe current on tho preced
ing Saturday,—and during the following throe
day? values further appreciated tp the ex-
tont of [email protected], prlcoa going to [email protected] for
common to extra. During yesterday and to-day
a qnlot fooling prevailed, and in packers’ grades
about 100 of the advance has boon lost. Light
weights, owing to their comparative scarcity,
and the urgent demand for them, remain firm.
The quality of the hogs marketed was the best
of the season, the average weight being fully 000
lbs. Averages of from 400 to 450 lbs wore com
mon. while several droves arrived, the average
of which was over 600 Ihs.
To-day there was a light degree of activity,
and for light hogs former prices wore sustained,
but heavy grades wore “ off ” about 100. Wo
quoto closing prices at [email protected] for common,
and at [email protected] for medium to good packers*
grades, and at [email protected] for poor to extra
shipping grades.
noa BALES.
.{.Vo. Av. Price. Xo, Av, Price*
71 102 $4.65 20 202 $4.60
170 108 4.73 60 208 4.00
03 800 4.65 40 221 4.60
60 283 4.40 60 810 4.85
40 200 4.30 54 280 4.80
71 213 4.70 23 108 4.60
80 887 4.60 68 800 4.40
83 172 4.60 28 . 207 4.C0
04 210 4.50 20 108 4.25
45 830 4.50 07 103 4.65
118 222 4.45
Xo, Av, Price,
04 108 $4,05
47 100 4.70
44 818 4.45
40 802 4.50
40 331 4.60
35 283 4.40
40 201 4.60
78 187 4.60
78 102 4.00
83 800 4.45
61 814 4.40
throughout tho r
500 nor 100 Jbfl 1
limited inquiry fi
absence of active
boon enabled to
own figures, or al
@4.25 for modlur
to choice.
sheep trade bag ruled Tory dull
f ast week. and prices are about
owpr. Tnoro baa boon onlv a
from outside buyers, and in tho
o competition local butobora have
All choir orders at about tholr
\t [email protected] for poor; at $3.76
i; and at [email protected] for good
Foreign JUnrUots*
Liverpool, Fob. 15—11 a. m.—Flour, 20b Cd. 'Wheat
—Winter, 12a [email protected] fld: spring, lie [email protected] Id;
white, [email protected] 2d{ club, i2aOd®f{H 3d, Corn, 27s Cd.
Pork, COfl. Lard, 07a fld.
Liverpool Feb. 16—1:30 p. m.—Market unchanged,
London, Fob. 31.—Consols, money,
count. 02&392*; ; 6-20* of ’OB, 03>; ;do ’O7, 03#; 10-
40a, Bv>tf ; ex-ooupon, now 6b, 90 ; Erie, Cl*;.
’ Frankfort, Feb. IB.—Flvo-twontlea of *O2, 05*;,
ElveßPOor,/Feb. 25.—Cotton steady. Middling up
land, 0)id : Orleans, [email protected]>;d. Bales, 10.000 bales;
American, 7,000 boles j Bpcculatlou and export, 1,000
BrcotUtuffa quiet. Bod winter wheat, 12a 8d(312a Cd.
Flour, 29a Cd. Corn, 27s Cd.
Obcoso, 71b. Cumberland middles, 81b : short ribs.
85a Od. ;
Now Tork Dry Goods Itlarkot«
New Your, rob. IC,—The trade movement to-day
was chiefly confined to staples. Domestic cottons,
prints, and brown shootings wero active and firm in
Erlcoa, with light stocks In first hands. Bleached shirt
igs wore In good request. Utica Nonpareil shirting
was advanced 'tfo. Medium prints and shirting stripes
wero in good demand, and the agents are distributing
now styles of white grounds and percales. Fancy cos
simercs continue to improve, and 'Western clothiers
are again In the market, duplicating former purchases.
Foreign goods continue dull. The dry goods imports
for the week are over $5,000,000. »
Pittsburgh Oil Market.
PtrcßDOnoH, Fob. 15.—Petbolkum—Crude quiet,
weak, and lower at $2.16. Refined .quiet and weak at
Wtfo for war lots ; 190 for Philadelphia delivery.
Xho Produce Markets.
New Tons, Fob. 16.—Cotioh—Quiet; middling
upland, 210. . 1 e
UUEAD9TUFP9—FIour dull and Irregular; receipts,
7,000 brls; superflno Western and State, $5.2607.00 *
common to good extra, $7.1007.50; good to choice!
$7.0008.25; white wheat extra, $8.60010.60; Ohio.
$7.20010.50 ; St. Louis, $7.05018.00, Rye flour quiet
at $4.6000.25. Oommcal weaker; yeUow Western.
$3.8503.40, Wheat quiet; receipts, 9,000 hu; lowa
spring, $1.66: strictly prime No. 3 Milwaukee afloat.
$1.7201.73 asked, $1,70 bid. Bye scarce at 90®930
Seeds steady; clover.
4.00, Barley and molt unchanged. Com diul and un
changed ; receipts, 13,000 bu new mixed Western at
Csitfo66o: old, afloat, CCo; do, lq store. (Uk'o •
yellow, Mo6s>tfo, Oats quiet ; receipts, 24,000 bu
now mixed Western at 640530; old In store, 610.
Hops— Dull at 42©62 c for Now York crop of 1872 •
40060 c for Eostcm and Western,
Leatheb— Quiet at 28©310 j Orinoco, 27©28JK0,
Wool—Dull and unchanged; Ohio, 07o; tubbed,
Clo, '
Groceries— Coffee steady and unchanged, Sugar
ncllvo; centrifugal, o#®o«c. Molosaca quiet: Now
Orleans, 750. Itico quiet at B#@9c.
, Petooleum—Crude, Oo; roflnod, MJtfc.
1 Turpentine—Quiet at Q7#c.
Phowiaions—Pork more active ; now mess. til C2V •
i prime mess, sl4.37Jtf. Beef unchanged. OutmeatsJn
moderate demand; Bhouldara for March, H*£o • abort
out hams, 20 tbs average, Wo. Middle* drm : short
clear, 7«o; long clear, 7tfo, Lard firmer : No. Ito
1 prime steam, 0 WOfijaVo; kettle, 8VQ8f;o.
: Butte*—Firm 5 western, [email protected],
OngEHg—Finn at laifQlOtfc.
I Cincinnati, Fob. 15,—BusansTCFFa— Floxir quiet
1 ftn ? unchanged, IVhoat firm at t1.73Q1.75T Com
@Qsc quiet at 85c. Oats quiet at 90
LmsESD 0i1—93Q05,
Eaos—Dull and lower at 27(3280,
.«^ 0 V B l° u a "i st ? oD ?» ftQd “trome views of holders
somewhat checks business. Pork firm at i1D.25®13.50
Lard firm; saloa steam 7tfc; kettle, 7j4c. Bulk
meats strong • shoulders, 4kfQ4?gO: (near rib. Gva
Claw, o}fS7o. Bacon atoady ; ahon!Sera, 6 V
S, tj°@7Mo.° o'smoko J door rib
Boos—strong* ealos to ehippera at $4.80Q4.65*
butchers, at tt.78Q4.85, Boccims! 700. ’
Wihskex—Firm at 880,
„ , ' ST. LOUIS.
St, Louis. Fob. 15.—Breadstuff*—Flour quiet and
weak, though not quotably lower. Wheat steady • No
2 spring, $1.30; No. D rod fall, SI.OO. Cora steady;
No. 2 mixed, Sltfo. on oast track. Oats dull and
lower J No. 2,20>tfQ270, on east track. Barley quiet s
choice fall, SI.OO, Bye nominal, H 1
WmsKET—Firm at 000.
Provisions— Pork firm ; $13.25 for cash and March,
.uuik meats firm; loose shoulders, 4 */ c, buyer April •
clear ribs, Otfc, seller March; clear, <[email protected]»io Marchl
all up country. Bacon firm and unchanged.
Boos—Firm at t4.00Q4.50. Receipts, no.
Cattle—Firm and unchanged.
Cleveland, Fob, 16.— Bukadsxufts— Flour firmer
but not higher, Wheat dull and unchanged. Corn
steady at 45040 c, Oats firm ; No, 1 Slate, 40c
Befined Petroleum— Quiet at 10)tfQ10*/o for
standard white in car lota; latfc for trade lots.
OfIWEOQ, Feb. 15,—BnuADaToiTa—Wheat quiet and
uru. Corn steady at 000. Barley unchauccd
Buffalo, Fob, 15,—Flout quiet. Wheat—Small
Mlo ; No, I Duluth at $1.70; tfo. 2 Chicago spring
held at $1.63} No. 3 Mllwankoo club at $1.65.
Corn dull ; car lota Western ats2o on track, 030 In
store. Oata—Sales of 2,000 bn No. 2 Western at 43c.
* PnxLADELPnxA, Fob. 16.—.Bueadbtuffs—Flourverv
woa ; BUljorflne, $5,[email protected]; extra, Wheat
veiy dull; red. |[email protected] ; white, $2,[email protected] Corn
S?S Saffesc.® 00 °' °*“ ,ory auU: whlle ' <8 ®
g^iioviHloNtt-Slcady; mesa pork, Bard,
WniflUKT—Very dull at 01}tf®92c,
«» •»* •*»ss
JMtESBED U0(t5—50.2605.50.
Baltisiobe, Feb, M,—BnEADsTufrs Flour and
rnrr^ Ull nS»lS, C^ a ” ee ?V *>«»» quiet; mixed Wml-
S' °* 9 °“ rC ° 0d firm • ml «d Western, 480
pork, 114.91, Enron .dive:
fihouldp.ru, fl,‘g®o,Vc; rib sides, 7%Q80 j clear rib. Sk'c
Uum«, Lard steady at B®Bko,
Whiskey—Firm at 92M0,
1 Louisville, Fob, 16.—Flour quiet and unchanged.
l 9^r V =^ B r0 fl Dff *^“ B .P«k hold at $13.00(3
oT Uu lt y^ aQ "Sbcr; shoulders,
43f0 , clear rib,
s&snsskf ,m * m “ a
W/tK^E? but closed flrm‘ at 88®89o.
Milwaukee, Fob, 16.—BniunsTUFFs—Flour quiet
and unchanged. Wheat quiet and weak; No. 1, $l 31 •
s°* o’ §;?**• ,P aU steady; No. 2, 270. Corn Ann
No. 9, M*o. Rye steady; No. 1, CBtf o, Barley quiet
and weak; No. 2, 720. ■
w Receipts—Flour, 1,000 brls ; wheat, 42.000 bu.
SuiPMEirrs—Flour, 1,000 brlsj wheat, none.
Toledo, Fob, IB,—lUieadstdcts—Flour quiet and
unchanged, wheat dull and lower: No. 1 white
Michigan, 11.81; amber Michigan, j1.72. Corn a
aliado oottor; high mixed, SHtfo; spot, March :
low mixed, OOQ'JOWo, Oats quiet and unchanged.
Dues«eo H0a5—|5.20<35.60.
llEOEipis—Flour, 1.000 brie ; • wheat, 0.000 but corn.
18,000 bu} oate, 3,000 bu. * 1
SiurMKKTs—Flour, 460 brlaj wheat, 7.000 bus
corn, 23,000 bu; oata, 1,100 bu, * *
New Life for the Languid.
Perfect health U vouchsafed to few. Probably ninety
people out of every hundred who call themselves healthy
have their ‘'turns” of languor, exhaustion,' depression of
spirits, at£l bodily pain. At those thuos a wineglassful
of Hostetler's Stomach Bitters Is as refreshing as "th
shadow of a rook in a weary land.* 1 It Invigorates and
rests the system and cheers the mind. The effect of the
Bitters In oases of nervous debility, produced either by
nnduo physical exertion, over-study, Intense anxiety, or
any other cause, U wonderfully reviving and invigorating
fu fact, this healthful vegetable restorative possesses
medicinal properties which entitle It to tho rank of sn
article of prlwo necessity* and It should bo kept on hand
in every dwelling, and promptly taken as a remedy for all
the minor ailments as well os for moro serious complaints.
n a itttmi i i,i!a * i,iiuit,NB ’
Buyer* ore cautioned to avoid tho numerous Counter*
felts and Imitation* otroroil for *alo.
Agent* lor the United ata^a,
JoM V.Fanell & Co..
Monroe, Market and Frailin-sts.
At Croat and Unprecedented Bargains,
and at lower prices
than tlio same
will again
bo offered in this oity,
Having Determined
To soon CLOSE onr Retail Deßartment,
we shall, during this weefc, com
mencing MONDAY, Pel). 17,
Hr the entire balance ,
at a great
and actually helow the cost of ’
Maiiclm mi lioriaiiw
Trim Bill
Not Yet Taken.
Two very desirable single of
fices on Second Floor. •
One suite of two or three
rooms on Second Floor.
A. few large and small rooms
on Third Floor, suitable for Ar
chitects or Artists.
Very large and desirable
room on Fourth Floor, north
The finest single offices and
suites in the city.
The building is strictly Fire-
The floors are laid in English
Tile. •
Fire and Burglar-Proof Vaults
All appointments of the best
An elevator connects with all
the floors.
The entire building is steam
heated, with porter always in
Vacancies yet remaining of
fered at reasonable rates fora
term of years.
See the offices. For terms in
quire of W. C. DOW, •
Room 1, Nevada Block.
Gliicap, Uwanlcee & SL Paul Railway
Tho shortest, boat, and aafoat routo for Mil
waukee, Bt. Paul, and Minneapolis, now open
for Passenger Traffic. Trains leave and ar
rive at Union Depot, corner Canal and West
Madiaon-ata., oa per time table in railway
. Tickets to ell points for sale nt Depot, and
at Office. 37 West Madison-st,
Qcu’l Tiokot & Pass’* Ai’t.
Pass’s & Ticket Aift.,
• 37 West Madison-st.
Ono-half of our time is spent in •
pane’s. Patent OTTBXiBD WOOL MAT*
TREBS is the beat Sod in tho market. Coats
loss than one-half as much as HAIB. and
is equally as goods For snlo by
Having removed my Uakory from 476 SUto*at. to26Sßla«
Zstaaa-av., near Twolftfa-at., Itako pleasure to offer
And aUOonfooUonocioa for Uavtoru. attbe lowest orlcoi.
„ . . „ , M. OESTREIOHER.
Roaeiwburjr A llonlon, corner State sail TblrtyflnU
■lB.. will aonntit nrtfnra. J
SSca'ViO.gfS Banlr
185 South Olailt-it., N. E. oor. MadUon, Chicago, m.
Incorporated Jan. 6,1857.
Capital, 5126,000; Authorized Capital,
Office HouM-Frora 0 a. lu.’to 4 p. w.. and Monday and
Saturday ovoninga, from 6 to 8. Aiouuayaan
.fW rt **,^V* 1 ® ?,I»r cent per annum, will bo paid
3armolitJi 08 oa ° or Woro * tor ®*°* l full calan.
No notice required for drawing money.
140 Jc lai niadiaoii-ae.» noarLnSallo*
w. M. MA ™,.p„.. t . Ex A. EI j,KPXLoaa, y,c.
A few copies of The Daily
Trilnuio of Jan. IG, 18,22, for
■which a liberal prico will ibo
paid at Counting-Boom of tills
ditto liiveriit! in SM
on ssz&^sst
WclfSI 1 06U,0 < U«wu S'J Tuhouo IjuUdingJ

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