THE OMAHA DAILY BEE : MONDAY. MARCH 21. 1898. PRICES OF STOCKS DECLINE War Scare Unsettles ( ho Market for All Investment Securities. > FOREIGNERS RELEASE THEIR HOLDINGS CanipnrUati nt ( Different Slockii thnt the Decline Han llccn Ucncrnl Through out the Lint. NEW YORK , March 20. Henry Clews , licad of the banking hourc of Henry Clews & Co. , writes of the situation In Wall street : On Saturday last the Block market reached a crisis. The uncertainty connected with our telatloiiH with Spain , the exciting jircpiiiutloriB for war contingencies and the growing belief thnt the destruction of the Maine was enured by nn external force had worked up a feeling of suspense which It win felt mutt soon find nn explosive ex pression InViUI street. In thu midst of this feeling some 00,000 shares of stock owned In ICutope wcru thrown upon the market , with the effect of a general fall In prices of 2 to 3 points , which probably would have gone further but for large pur- < : last's to cover "short" contracts. Satur- day'H prices were the lowest that have oc curred since the date of the Maine disaster nnd therefore ? may bu regarded ns the cul mination of that event up to date. The fol lowing comparison of prices on February Ju nnd on Saturday last will show the ex tent of thu decline since that event : CloslnR CloMn ? of of SatDe - 1'cb. 13. unlny. : llne , American Sugar 13Si 121H 1714 .Me hi ion preferred 3H4 23 fe % JlurllnRton & Qulncy IW'j IOT4 21H Cnnailn Southern Ml 44 10 % Connollilutcc ) ( Jan lld'.i ' 17414 1SH Krle 1ft preferred ' .13 911 Central Kleclrlc 3S'l n 6Vi Loulcvlllp & Nashville . . . . CO 40 14 Mnnliattan 117(4 ( K'-i 22 Metropolitan Street lly. . . . 1CJ 136 % SSU MIchlKnli Central 113 WA 1314 JiIlHuourl I'ucinc M'l ' 221 10 % New York Ccntinl lltN , lOd 10 % Northern Paclllc preferred C6H S"i ! Northwestern 12STJ lM'i US Otnnhn 77 * K % J'COplC'H llu piefeiretl 6114 3 * * 1 $ prefrrrei ] 2V1 , ; 191J Jiock Inliim ! Ht I'nill OMi K i 10 Tennessee Con I anil Iron , 21 ? ; 17 , * < . 1'nlon ' I'ncllle ( ol.ll. . . . . . . . . 3114 2314 U I i'riion i'liciiici prererrcil.iii 6114 4714 14 U. S. Ijciithcr picferrcJ , . C.i 6G'i ' , ; V. S. Huliber preferred , . . 73 W 13 \Vpnlem Unlsn 92 % 8414 M' ' If wo extend this comparison back to the I i month of January we llnd that the low r prices reached Inst Saturday show a fall of 12 points for Now York Central , It ! paints I for Chicago , Hurlliirton Qulncy , 13 points for Hock Island , IG points for Northwestern , 1R points for Union Tactile preferred , 23 points for Manhattan , 30 points for Metro politan Street Hallway , and other properties Jiave receded In about the name proportion. "When It Is considered that , oven In the < ; vent of war with Spain which Is far from Ijelng a certainty the development of the vast resources or this country will continue to go on ; that the supply nnd demand for products and manufactured Roods will con- tlntip just the same as at present ; that the railroads will not only have their usual business , but that the transport of troops nnd provisions therefor will be an addi tional source of revenue , so that their prosperous condition , which Is at present conspicuous , Is not likely to meet with any perlous derangement. In view of these con- Klderntlons and of the general conllilence that If war does occur It will bo short nnd miecesHful , It scums reasonable to expect Hint , In spite of war Influences , money will neek Investment for thn sake of Its und will not go Into hoard without malting any return , ns tome seem to Imagine. In the event of war the absolute conlldencc In ultimate victory would furnish a bottom for prices , nnd the mailed might easily be less affected than It Is now by political un certainties. It Is therefore a question whether prices hnve not already fallen suf ficiently to discount about the worst thnt Is liable to happen In the now problemati cal future. The market appears disposed to take the affirmative side of this question , for during the first half of this week there wan a general recovery of S to 3 points nbovo the lowest prices of Saturday's break , nnd London has again become a moderate buyer of our stacks , notwith standing the stringency of money there. I-atcr In the week prices yielded on the re port thnt the findings of the naval board of Inquiry would be rendered at the end of this week. , Current events show that In the future International conflicts arc more likely to bo foil nht on the sen than on land. As a result four nations have , within the present month , appropriated J33S.rOO.000 for naval purposes Great lirltaln , $119.000,000 ; United States. J.V,000.000 ; Russia , JC9.C03.000. and Ger many , IIOO.OOO.COO. These outlays have bc n very erroneously Interpreted nsi foreshadow ing disturbance of the "world's money mar kets , as Interfering with the.negotiation of corporate loans and a being generally un favorable to the Investment markets. I can nee no justification whatever for such ap prehensions ; they are . 'the1 product of pessi mistic Imaginations. The outlays of all the countries , except our own , rolll extend over a series of years. Those of tBngland nnd Germany will bo provided for In the ordi nary course of revenue and therefore will Involve no borrowing. Russia will gradually draw her Jf.9,000,000 out of the Imperial funds now on deposit , and our own appropriations will bo .provided for out \of surplus cash > iow In the treasury. Thus none of these expenditures Involve any Issue of loans , while thosv > of Russia and the United Stntc-s n 111 put 1119.000,000 of money now hoarded into active circulation , thereby contributing to case In the 'money markets nnd strength In the cash resources of the banks. The home- money market Is amply protected - tocted against any contingency In connec- itlon with our relations with Spain. The amount of the current gold Imports , re ceived ami to- arrive , now reachea over $23.- 030,000. and although exchange has risen to n rate which forbids further Importations at ihe moment , yet our creditor claims upon Kurope are such ns to place within our reach further very large amounts of gold fhould we need It. The1 largeness of our exports still continues nnd the moderation of the Imports Is unchanged , so that the trade account for February , Including gold nnd flllver. shows a balance In our favoit of $ l < i,000.000 adding 'further ' to the already extraordinary flo.itln ? balance In our favor held In other countries. For the first eight months of the fiscal year a , balance of ex ports and Imports * . Including gold nnd silver , f hews tias.000,000 to the credit of the United- States. Making n liberal deduction on ac count of the net debtor Items outside of Imports and exports nnd resuming that the movement of securities has averaged con siderably against us. there must still now remain an unliquidated foreign balance In our favor of very extraordinary dimensions ; much larger. I apprehend , than Is generally eupposctf. or than would be. credited If fairly estimated. The next stage of Interest In the securities market will . .arrivewhen the1 naval board of Inquiry makes Its report to the president , which IB nan1 expected to occur about at > the en > ! of this week. This will raise a mew phasei of excitement , outside of the larger question of the final eettlement of ithe Cuban question , which , whatever Its purport , must affect the value of stocks favorably If the report wholly exonerates Spain ; unfavorably If she should bo found renponsMble. for the absence , of duo diligence In the protection of United States property In her harbor. In the latter case some time niuft elapse first for the formulation of our claims and next for their consideration by Spain , This period must be a strain upon the public patience , and there is danger lest It may become so complicate * ! with the larger question ns to develop unfortunate phases of popular feeling. We are thus gel- ting Into the thick , of the complications and the. material for excitements may become in or a senIUvo than what has been hith erto encountered. Under these prospects the financial markets may be subjected to the test of at new net of disturbing condi tions , and wo therefore counsel caution. The court of Inquiry 05 the Maine dls- ntter will simply report their conclusions from the evidence submitted. Then before a claim for Indemnity against Spain Is de- onanded the president will most likely sub mit the. case to this country's best au ( thorities on Jurisprudence. No better se lection cauld bo made than the following ; K. J. Phelpii. ex-minister to St. James ; Rob ert Wncoln , ex-minister to St. JnVnew. and J. B. Eustls. ejc-mlnlster to Paris. These three gentlemen have had great experience In matters of International law by virtue of the olllclal positions which they have very creditably filled , nnd their decision will determine whether or not we liavo a claim against the government of Spain which will Involve- the loss of the prop erty destroyed and a pension for the fam ilies of the aa men killed. 'London Mnner MnrUrt. LONDON , March 20. The money market Is somewhat Improved on political pros- nccta , but U Is Improbable that rates will fi recede much ra-hllo the American demand i for Kold continues. The Stock exchange Is t keen and became steadier toward the end of . the week. In many cases prices Improved , f The situation In the fur cast U considered c more rcastmrlnir and the pale of high clasa _ . . . _ . , , . , i „ ! „ lo tjje ojtnmnd , lor void , has r , ceased. A more optimistic feeling In 8pan lull-American relation * nlro prevails. Ifomc rnllwhys show a generally fair Improvement nnd American railways have recovered ma- tcH.illy on quiet buying here and In Wall street. The clilt-f Increapes were In North ern Pacific preferred shares , which rose 3i per rent : Union Pacific. 3 % per cent ; Nor folk & Western preferred , lU pur cent ; Den ver & Rio Grande preferred , 1 J per cent ; Erie Ists , 1U per cent ; Louisville & Nash ville , 1U per cent : Northern Piclilr , 1W per cent ; Union P.iclllc. HJ per cent ; Atcmson , Topeka & Santa Fo preferred , 1 per cent ; Missouri , Kansas & Texas , 2ds , H per cent ; Canadian Paclllc shares have Improved 2'j points nnd the rlne In Grand Trunks ranges from 1 to 2',4 ' per cent. Internationals are" mostly higher. Spanish securities after a substantial decline , recovered on the ofllclal announcement that the April Interest would be pild. ; Chinese , and Greeks have risen In view of the new loans. On the other hand , Trnnsvaals have been sold , owing to the political clouds , which have also unsettled the mining market. CO.VDITIOX ov XK\V YORK BANKS. Policy of Contraction Itrlnfrn Henry llfMlncllann In Sonic MUCH. NRW YORK , March 20. The Financier says : Judging from the statement of the associated hanks of New York City for the week ending March 19 It will require a larger war scare than has yet appenred to put money nt higher rates than have ruled for a fnw weeks past. Even with less than J.flOWOO of the Imported gold showing In tin total , the banks have gained $ ti12&CO In cash , the npeclc Increase of $ fi,2tl,30i ) hav ing been offset by n IOHH of $1GSSSOO In legal tenders , the latter representing In larpe part the LhlpincntR to the Interior. The posltl n cf the New York banks at present Is very strong. Thnv hold an excess reserve of $2tniXtO.W , as compared with $30,823 , : two weeUs ags. The policy of contraction , how ever , has brought about heavy reductions In several items. Thus the loans if the barks are now $39,600,000 less than one montl' ago. Deposits In the same time h.xvo fallen oft more than $ ,000,000. The loss In rash , however , has been only $10.000,000 , all of which has gone to Interior Institutions , and the i-r.ciss reserve Is nearly $3,000,0'PO larger than at the close of business Feb ruary IThe ! Interior demand has been rather well xatlsded , but owing to the cheapness of transfer rates the domestic exchange quotations are moving almost In dependently of us-uai factors. As showing the calmness which prevails It may bo note , ! lluit Interior banks are again In thU market ni rut-chasers of commercial paper. The chr-nges In the totals for the week are lc"3 limn expected. The loan Item decreased HV.Cfi',100 , duo to the continued liquidation. It Is worth mentioning that the decreases of one 1-ank , winch Is the largest lender of call funds and also the largest Importer of sceclf. accounts for $6,000,000 of the total re- ductlon. Dnposlts have decreased $7,301,500 , but the bank which reduced Its loan Item so heavily figures but slightly In this. There seems ttj be no doubt that the wales of ster ling bills have some connection with the loan j | decrease. It la estimated that at least j . : > ) .000,000 of accumulate , ! sterling bills are held , In this city , and any rjpld advance In money must of necessity lead to con tinued large Imports of gold. This amount of doferrcel credits will Increase rather than diminish under normal conditions , as the monthly trade balance * In favor of the United States arc growing , exports showIng - Ing an expansion and Imports a contrac tion. Short of actual 'war there seems to bo no reason for n money market higher than prevails at present. CHICAGO .AMI PROVISIONS. of tlic TrndlMBr and Cl Prlc-CK nilSiitnrilny. . CHICAGO , March 19. May wheat broad ened Into an active market today. An In sistent demand fiom shorts sent the price up to Jl.'O ? during the early part of the session , but heavy sales by Letter broke the price badly toward the close. Final prices showed a decline of 2&c In May and TSfi'Ttc In July. Favorable weather nnd ex pectations of neavy receipts Monday wera factors In the decline In both options. Corn nnd oats both broke with the lute slump In wheat , corn closing unchanged and oats ajioittdo lower. Provisions were heavy and closed DflT'/ic lower. The opening In wheat was Irregular. Traders In July rather looked with favor on the selling side , as the cold wave , which was expected to follow the rains , did not materialize and there was apparently no prospect of any serious drop In tempera ture. Cables failed to respond to the strength shown here yesterday. Tills caused some liquidation In July at the outset , openIng - Ing prices being at & 3TWSGc , showing Vic decline. There the market halted. May was strong from the start. Shorts were active. Bidders 'for thU delivery , which opened > 4c higher nt $1.06 , and heavy buyIng - Ing soon sent prices up to $1.0G % . The de mand for May nnd the advance In thnt fu ture soon brought July shorts Into the pit to protect themselves , heavy buyers of yes terday coming Into the market again and the demand became general. The result was a gradual advance to 8G'/c. Realizing then set In and a reaction to ECc took place , May at the same time dropping to $ l.OC % . The dropping off In the northwest receipts was a helping Influence. Minneapolis and Duluth reported 312 cars , against 375 last week nnd 412 n year ago. Chicago receipts were 121 cars , fifty of contract grade. The day's clearances of wheat and flour from Atlantic ports were heavy , amounting to CCO.OOO bu. , but this was. In a measure off set by the heavy primary receipts , 463,000 bu. Continental markets were steady. The reaction In both options was of short dura tion. The demand soon became heavy again , espjclally in May , the price of which was sent up to $1.07. July advanced to S6c Tile advance was well maintained up to 11 o'clock , when the market began gradually to give way. Letter's brokers had meantime been selling heavily of May at top figures and as shorts became filled up the demand from this source decreased. a Liquidation , however , did not become gen eral until heavy estimated receipts for Mon day were posted.This brought In a flood of realizing orders und prices late In the session broke very rapidly. Letter kept up his selling of May to the last and probably disposed of over 1,000.000 bu. In the last few minutes early buyers became sellers and with this added weight of liquidation the market became very weak , though July did not suffer so much as May. Closing price for the latter option was $1.03 , July closing at S3ii < ? S3c. Up to the last'half hour of the session corn was slow but steady at a slight ad vance. Enormous clearances and the strength of wheat were the Influences. The late break In wheat brought about free offerings , principally from yesterday's buy ers , and the market closed easy. May ranged from 29'/4&29c to 29V&C and closed unchanged at 29V4c. Oats early were flrm. There waa good general buying , mostly through sympathy with the wheat strength , nnd prices ad vanced slightly. Support was withdrawn when the late decline In wheat took place nnd prices dropped off. May ranged < from at 25fi2Gc ( to 20o and closed a shade lower at 25(025c. ( leading futurei ranged as followa : Articles. . | Open. I HUh. I Low. j-Cloaa | Yest'y. Wliciil March. 1 03 Mixy. . . i on 1 07 1 OH 1 03 July. . . 85H-8U Corn- May. . . SDK SOU July. . . 3UVJ SfUt. . . sm am Data Muy. . . 25H-20 2&N 23U $ July. . . 234 23HSK V3H Fork- May. . . 0 82V < 0 60 0 824 0 PI ) July. . . U 85 D 87H tf 01 Lard- May. . . 5 10 0 10 B 07 B in B 15 July. . . 5 15 0 17K B IS a nx B ' . ' 0 Sb'tldb * Mny. . . It 05 B 03 fi 05 fi 05 fi 10 July. . . 6 12M o 1 ! > W S 10 fi 10 6 IB No. Z. O.tFh quotations were ns follows : FIXniH Dull : winter patents , H.SWS.OO ; Mrnlithtf ) , n.Wtf-t.W : uprtne siwclals , Ji.JUUu/.O ; o uprlnK imtenlK. M.7W5.10 ; BtraltIUs , JM'iiM.W ' ; baker * . I3.COO3.90. WHUAT Ilakera' . 3.6M3.90 : No. 3 spring , 8S < j > We : No. 2 reil. S9'4c J1.00'i. tXmN No. 2 , 2MHjvAi 4c. OATS No. Z , .cj No. I yellow. SSUGISftc ; No. i white , t. o. b. , 20i J31c ; No , 3 wnlte , f. o. b. . JSffSc. 11VK No. 2 , 40'ic. 11AIUKV No. 2. f. o. b. . 34Q4c. BKEDS No. 1 naxseed , H.1TH : N\V , Jl.lt. rrlmo timothy we l. K.80. I'UOVISIONS Mem J < ork. per bbl. , J9.80S9.83. I-nnl , per im ! ! . . } 5.0S < U.OiH. Short ribs rlJc.i louse ) , Jl.W35.15. St. On the I'roduce exchange today the butter market wa * rteady ; creameries , IJUUc ; dalrlri , 10V4 l o. Ohee e , quiet , 8O8UC. Kgs , steady. frnJi. 9ic ! , Uvo poultry , firm ; turkeys , 7tifc ; chickens. SGSHc ; d-uckn , ; psc , OlnnclivNter Trxtlle Fabric * . MANCHESTEn. March 20. The pause 5.60 continues , but Inquiry exists , though the producers nro Independent enough to dis 4.75 regard ) efforts to obtain material conces sion * fBudnex ) In India dhcotles and simi lar thing * continues moderate. The home . trade In also better. Yarns are flrm with a peed dally business and the spinners are improving the margin slightly. Germany Is quiet , but mostly coldl six months ahead. The French market U quiet , with yarns er ther lower , . OMAHA LIVE STOCK MARKET Week Ends with Light Receipts and Brisk Easiness , SHORT RUN OF CATTLE SOON SOLD LlmKcil Snpplr of Hccvc IlrlnK Stcnilr I'rlcFN nutclicm nuil Stacker * UncliniiKril HORI Only n Slindc Lower. SOUTH OMAHA , March 19. Uecelpts for the days Indlcatea were : Cattle. HOBS. Sheep. Hoe's. March ID . 1.IOS 3KQ 1,701 7 March 18 . 2,307 4,708 2.3D9 March 17 . l.jHM 4,730 14,140 ! March 16 . 3,697 4,913 6,355 March 15 . 3,720 6,007 3,011 36 March 14 . 2.1S8 1,620 4iC6 2 March 12 . 2.10S 4.532 796 20 March 11 . 2.4S2 5.942 1.W5 . . . . March 10 . 2.342 4,697 10,207 March 9 . 2.804 0.251 C.576 47 March S . 2 , ! > 39 6,609 7.SC9 3 March 7 . 3,200 3,176 3.6S4 4 March 5 . 1,137 6,437 1.2VO 66 March 4 . 1,823 6,543 6,245 March 3 . 1,052 6,599 3,763 2 March 2 . 194 6,349 4.833 6 March 1 . 2,779 7,800 4.230 3 Receipts for the week with comparisons : Cattle. Hogs. Sheep. Week ending March 19. . 14.884 25,360 32.C6S Week ending March 12. . 15.876 31,209 30,925 Week ending March 5. . 10,733 35,432 23,39-3 The ofllclal number of cars of stock brought In today by each road was : Cattle. Hogs. Sheep. H'r's. C. M. & St. P. Ry. . . . 1 Missouri Pacific Ry. . 1 2 . . . . Union Pacific System. 12 10 4 C. & N. W. Ry . 1 l'E. . & M. V. R. R. 12 16 2 S. C. & P. Ry . 1 C. , St. P. . M. & O. Ry 15 4 B. & M. R. R. R. . . . 5 13 C. , R. I. & P. Ry. , e. . 1 4 . . . . C. , R. I. & P. Ry. , w. . . 1 Total receipts . 46 2 6 1 The disposition of the day's receipts was as follows , each buyer purchasing the num ber of head Indicated : Ruyers. Cattle. Hogs. Sheep. Omaha Packing Co . 20 616 . G. H. Hammond Co . 10 283 . Swift and Company . . . . 247 811 l,6iS Cudahy Packing Co . 302 1,312 417 R. Meeker & Dcgan . 64 . Lobman & Rothschilds . . 146 . Krebbs & Co . $7 . Hill & H . 55 . Myers . 169 . Planklnton , Milwaukee. , 5S6 . Other buyers . 70 . Totals . 1,176 3,608 2,093 CATTLE Receipts today , 1.20S head , yes terday 2,307 , one week ago 2,108 , two weeks ao 1,137. Although no great run Is ever anticipated on a Saturday , the market all the week was so encouraging to shippers that It was only reasonable to expect pretty decent receipts. The rain yesterday was probably in part the cause of the day's re ceipts being the lightest in two weeks. The market is > a whole was in good shape and practically everything sold early with no appreciable change In values. Ifoef Steers The must of- the fat cattle wore not overly good , but there was one bunch good enough to bring $1.80. The mar ket was active at Just about steady prices and the offerings were not long in finding buyers. Hutchers' Stock Only a few cows and heifers were on sale , and as the demand was good they moved off very readily ut unchanged prices. Stock Cattle The few loads of stockers and feeders In first hands sold early and the trade was soon over with , no new features being brought out. The Week Receipts of cattle the past week fell a little short of the previous week's record , but still there waa a. .fair run. The market as a whole was In very fair condition and prices paid generally satisfactory to sellers. The fact that there was an active demand all the week that was fully equal to , if not in excess of , the supply was the real cause of values being so well maintained. The tendency of cattle values at other selling points was down ward and for the week very material re ductions were made In some cases. At this point , however , desirable beef cattle just about held their own. Common and half- fat cattle , owing to a , falling off In the de mand for such cattle ifor feeding purposes , were not such good sellers ns they were a while back and prices cased off somewhat for that reason. Cow stuff sold well all the week without material change in prices. Light stock cattle were in active demand and were quick sellers at very strong prices. HOGS Hecelpts today. 3,3fiO ; ymterday , 4,70.1 ; one week ago , 4.H2 ; two weeks ntro , 5,437. As the market had been Rrnilu- ally tending upward for several days It was only natural to look for a eood Sutunlny's run , but , ns was the cose with cattle , the rain doubtleaa cut down the number aomewliat. The market opened with the best hops selling at just about steady prices. In addition to the local demand there was fair buying on the part of shippers , which helptd to maintain prices. Later on , after the shippers were full , the market weakened and cloned a shade easier. The hoRs gold at fj.COij3.SO , as against W.Kff 3.S5 yesterday. There were more loads al JJ.70 than any other price , the same as yesterday , 1'it there were alxo several loads below that prlcf today. The nverape of all the sales was unly HO lower than yesterday. It can hardly be claimed that the hog market of the past week watr to the liking of sellers , n fact made more 'apparent by the falling off In receipts. The week opened with a brenli In prlotw , and on Tuesday hogs sold down to the lowest point touched since February 2. During the thrco days following values strengthened up little , so that at the close of the week the average price was Slie higher than on Moiu < - and only lc lower than the close of the previous week. While the demand was equal to the re ceipts , It was lacking In snap and vigor , to that Miere waa on Inclination on most days on the part of the market to close easier ) . 811 EEI' Only six cars of sheep and lambp , mostly lambs , were on sale today. The demand was good and the ofTerlnrs met with ready takers at steady prices. The wethers brought 14.30 and the lambs 14.65 and Jo. 15. Everything waa sold and weighed up at an early hour. CHICAGO LIVE STOCK MARKET. HOBN Stnrt Ofl9 > Fnirly Well , but Later Weaken. CHICAGO , March 19. The limited supply o : oattlo In the pens today was sold at yesterday's print ) . The market far moot grades wan almost nominal. Choice cattle has been scarce nil week and sell at a substantial premium over short fed lots. lots.Trade Trade In hogs started off at fairly steady prltv ? , but the market soon weakened and later MPH ! were S'.JWic lower. lings sold largely nt M..Tj ? 3.95 , the best heavy selling at 4,03 and the com monest light at t3.HO. Prices for elieep and lambs were mostly nominal recent Quotations , uhtep being salable at J3.00fp 3.60 for Olio poorest lots to JI.COS'4.75 ' for good to prlnm nocks. Yearling sheep were In demand at ll.SOff5.00 and lambs at IMOffS.OO. Borne 100 Ibs. new Mexican sheep raised by the Narajo Indians sold for J4.30. Itccelpts : Cattle , 200 head ; hogs , 17.009 head : sheep , ,000 head. . Cant IliifTnlo Live Stock. DAST I1UFFAIX ) , N. Y. , March 19. CATTLE Dull and slow ; fat chipping steers , > 1.CO@I5 ; fat smooth steers , $1.4 < VR4.EO : conrte and roughs , S3. 75 T4.i5 ! ; light ttcers. H.10fl4.23j choice fat heifers. $4XiT4.W ; mixed butchers , 44.1W3.CO ; good butchers' cows , t3.6093.90. HOOS Yorker * . teed to choice. 4. 1534.20 ; rough , common to choice , J3.COI/3.SO ; pigs , com mon to choice , t3.95@4.00. LAMHB-Chnlce to extra , K.SOffS.SO ; culls to common. )4.5ftG.GO * SHEET Choice to selected wethers , JI.SOC4.SO ; culls to common , I3.UO4.15. Kantian City I.lvo Stack Market. KANSAS CITY , March 19.-CATTLE-Tlecclpt . 200 head ; market unchanged from yesterday ocal trad" only ; Texas stei > rs , t3.2ViM.70 ; Trxar cows , t3.6W4.SO ; native steers. t3.7SiJ5.40 ; native > wn and heifers , JJ.I384.rii ; stackers and feed- em , t3.IIW5.2S ; bulls. > 2.00tT4 5. HOGS Itecclpts. 3.000 head ; market steady ; bulk of sales. 3.G5fl3.80 ; heavies , H.7i > 33 01- rnckers. t3.60S3.K ! > ; mixed , $3.5503.83 : lights , 13 20 f3.70 : Yorkws , 3.G5ff3.70 ; piss. i3.Sff3.IU. SlIEEI' Hecelpts. l.MO hend ; market steady ; amtw , | .4&g5.25 ; muttons , t3.COffl4. & ) . Cincinnati Live Stock. CINCINNATI. March 19. IIOOS-Actlve and steady nt t3.2504.00. CATTLE Strong at t2.75C5.00. ( SIIBKP Steady at J2.7SW4.M. | UAMliS Strone at S4.C005.90. Stork In Sight. Record of r < > celpts of live stock at the four rlnclpal markets for March 19 : Cattle. Hogs. Sheep. maha . I.MS 3SO 1.7C1 Chicago . 200 17,000 S.P'o Kansas City . l 3,0)0 1,20 . Louis . 00 3.830 yy ) Totals . . 2.COS 27.1M T.JoI St. LonU Live lilnrk. ST. LOUIS. March 19. TATTLE Hecelpts , 400 head. Including 150 hrad Texans ; shipments , 300 liwul ; market dull , nominally unchanged ; fair ( o fancy native shipping and export steeri , Jt.tOB ; bulk of sales. Il.90ff5.15 : drentpd liecf nnrt butcher Rtcer . t4.00fi5.00 ; bulk of sales. ; steers under U W Ibs. , t3.7O84.33 ; bulk of salni , t4.008l.20 ; utockera and feeders. t3.5"R4.V > : bulk of KUee , H.S084.H ) ; cows and heifer * . I1.r > < ? 4.60 ; bulk of cows , t2.60O3.60 ; Trxan * and Indian teen. t3.70tT4.CO ; bulk of tales , H.fWM 25. with superior grsdm salable up to tA30 ; cows and heifers , tt.604tl.40. HOQS llertlptn. 3 , SCO head : shipments , 3,100 head : market &c lower ; yorkera. S3.75f3.90 ; pack * . U.n j3.tO ; butcher * . t3.W f4.00. 8HDEP Ileotlvts , (00 haul ; thlpment * . S0 head ; market itlrndyl no Titans on sale ; nntlvi muttons , tl.OOfH.50 ; lamt s LINCOLN , March IS. Cotirt met pursuant to adjournment. Corttlyou against Mc- Carty , leave to withdraw motion for re hearing ; Ackormarf ° 'Against ' Ackerman. leave to withdraw iiolon ; ( ; Deshler against Sagchorn , dismissed ; * . 'Walters against Wiley ( two cases ) , dlsmfs Xd unless plaintiff serves and files briefs' In twenty days ; Sylvester against CnWcpter Paper Company , Godfrey against Lybnft.1 Eddy against Klm- crer and Hawver agnlngt Parkway Heal Estate Company , tears to file briefs in- stantcr ; Itowo against Grllllth , leave to flic briefs as per stlpulatlbij ; Omaha Loan and Trust Company 9aylpgs Uank against Wolfe , leave to fllei briefs Instanter ; Sewcll against Union Central Life Insurance Com pany , death of plaintiff suggested ; Provi dent Life and Trust" Cofnpany against Ken- Iston. stiperscdcas vacated unless additional security Is given within llftecn days ; Hatch against Bcantland , Englehart against Sprague and Stevens and \VIIcox , alllrmed ; Lincoln Street Hallway Company against Shugart & lloltze , dismissed unless secur ity for costs be given by March 16 : State ex rcl Savage against Lctton , leave to docket ; First National Bank of Hastings ngnlnst Farmers' and Merchants' Bank of Platte Center , reargumcnt ordered. March 10. William Mulvaney , esq. , was ad mitted to practice ; Lincoln Street Hallway Company against Shugnrt & lloltze ( two cases ) , dismissed ; Moore against Webber , motion to nlllrm overruled ; Dltson Society against Kitchen ( three cases ) and Ualley against Heach , nfllrmed ; Palmer against Missouri Pacific Hallroad Company , motion to quash bill of exceptions and dismiss overruled ; Home Fire Insurance Company against Weed , Wittenberg against Molly- neaux. Jackson against State ex rel. Ma jors and Ogden agitlnst Hosenthal , ad vanced ; Phoenix Mutual Life Insurance Company against Brlscoe , Smith ngnlnst Beddco , dismissed unless appellants serve and llle briefs In twenty days ; Draper ag'.ilnst Taylor and Johnson against Pulver , motions to dismiss overruled ; Dalbow against Farmers' Loan and Trust Company , nttlrmed and mandate ordered ; Fogg against 13111s , Spacht against Custer County , leave to llle additional transcripts ; McCon- naughey against McCnrt , motions to quasi ! bill of exceptions and altlrm overruled ; dis missed unless appellant serves and files briefs In twenty days ; Chicago , Hock Island & Paclllc Hallroad Company against Col lier. leave to llle briefs as per stipulation ; Stull against Hcgler , bill of exceptions quashed as to Bank of Henderson ; Mnc- fnrlnnd against West C'-Je Improvement As. soclatlon , rehearing allowed ; Dltson Soci ety -against Kitchen ( three cases ) , motions to vacate Judgment of afllrnmnce sus tained ; State npalnst Bank of Bhubcrt , Holt County against Scott , Halmes against Dovey , " Oldlg against Flsk , Llnton against Cooper , Hoefer against Langhorst , Van Etten against Medtand. Horkey against Kendall , Motlet against Motlet , Cortelyou against McCarthy , Sloan against Fist , Friend apalnat Burlelgh , Cleghorn against Obernalte , Olsen against Jacobsen , Harris against Burton , Palmer against Missouri Pacific Hallroad Company , Thompson against Tnompson , Sharp against South Omaha , Carrall against State , Troup against Horbach , Mills against State , Interstate Savings and Loan 'Association against Aul- Kor. Chicago , Burlington & Qulncy Hall- road Company , rchearlngs denied ; Kendall against Selby , motion for order correcting mandate overruled. March 17. Watson agiilnst Day , Union Savings Bank against Trester , Buller against Thayer County , Hunkln against Bydalek and National Life Insurance Com pany against Parker , dismissed ; Thompson against Kyner , Kyner ag-alnst Avery , Gib bens against Kyner and Thompson against Thompson , rehearlngs denied ; Life Insur ance Clearing Company against Altschtilcr and Hartley against State , rehearlngs al lowed. Court adjourned till April 5 , when the following cases will be called : HotnJlng against Tccumseh National Bank. Farmers' Mutual Insurance Company against Home Fire Insurance Company , Wyatt-Bullard Lumber Company ' 'against Bouke , Atkins against Secley , Oleson against Lamb , Barker against Potter , ' Andrews against Kerr , Cleland against Hamilton Loan and Trust Company , Stull against Miller , JaegRl against Galley , Home Fire Insurance Com pany against Dects. Lewis against Lin coln , Boise ngnlnst Kautter , Glllilnn npalnst Hayden , Sanderson against Gregory , Staples against Arlington State Bank , 3 ma ha Savings Bank against Phillips , Gus- tln against MIchelHcn , Munro against Callahan - han , Cole against Blair State Bank , Stevens against Kirk , Johnson against Flnlay , Kelsey - sey against Klabunde , Beatrice Savings Bank against Chautauquu Assembly , Bloomfleld State Bank against Miller , Hu- sennetter against Gulllkson , Charter Gas Engine Company against Coleridge State Bank , Fellers against Fellers. Lnuer against Brown , Johnson against Bartek , Field against Morse , Omaha National Bank against Fay , State against Robertson ; State ex rcl Ream against Leldtgh , State against Bank of Commerce , Cox against Board of Fire and Police Commissioners , Home Fire Insurance Company against Weed , Wlttenberjr against Mollyneaux , MoVey against State , United States Na tional Bank against deer , Estate of Wlttc against Carson , Estate of Wltto against Lederer , German National Bank ng-nlnst Farmers' and Merchants' Bank. Decisions were rendered In the following cases : Nebraska Wcsleyan University against Craig. Appeal from Douglas county. Dis missed. Harrison , C. J. An appeal In the strict sense of the term or as distinguishing the designated procedure from one In error or by petition In rror , will neb generally He to this court from an nferlor court Jn a le al op law action Nelmeyer Lumber CcmTiany against Bur- Ington & Missouri River Railroad Company. 3rror from DougHs county. Afllrmcd. Rngan , C. ; Norval , J. . dissenting- 1. Where delivery of iproperty sold Is to : ako place 19 .to bo determined by the conTact - Tact between the vendor amV. vendee 2. If the contract between .the parties ex- iretsly provides that delivery shall be made it a certain place then the vendor's ! title to ho property is not divested until delivery s so made. 3. Where the contract between a vendor nrul vendee 1st silent upon the subject of the > lace of delivery then the delivery of the > rcperty bv the vendor to a carrier for ransportation consigned to the vendee dJ- vcsts the vendor's title to the property and he vendee's title from the moment of ouch lellvery to the carrier attaches. 4. In such a care the carrier Is In contem plation of law the bailee of the person to whom an < V not by whom .the . goods are con- itgned. * 5. Where a vendor of goods dcllversi theme o a carrier for transit to his vendee and causes the poods 'to bo consigned In the bill of lading t < \ 'himself ' , his agent or his order , he presumption arises that ho thereby In- ended to retain the title In himself to the goods. ( Per Hagan , C. ) 6. Where a vendor of goods delivers theme o a carrier for transit' and causes his ven dee to be named In the bill of lading as the consignee of the poods thu presumption nrU < > s that the vendor by that ict Interned ho title to fho goods to vest In the vendee on their de'ivery to the carrier for ship ment. ( P r Ragan. C. ) 7. The prepayment of freight by a vendor on goods sold and Shipped to , hls vendee Is > rlma fnclo evidence of an Intention on the iart of the vendor to retain the- title , to the ; eoclH while In transit. ( Per Ragan. C. ) 8. The contract between a vendor ana vendee pet out In the opinion construed and held (1) ( that the delivery of the property old took place nt the place , of shipment and hat the title to the property vested In the cndco on Its delivery fry the vendor to thef arrler for transit to the vendee. ( Per Ha- an. C. ) 0. In order that a vendor of goods may ex- rclso the right of stoppage In transltu. It Is SFenttal that tli9 poods at the time bfl In ranslt from such vpnilor to his Immediate endee. ( Per Ragan. 'C. ' ) . . . . - , 10 D of Omaha ordered a bill of lumber f S of Dallas. Texas. S not havlnir the imbtr in stock. Kent the order to N at Waldo. Arkansas , requesting him to s > hp ! th umber to D at Omaha on. acocunt of S and end him the Involcfe and bl'l ' of lading. ThlfS was done- . While ttto lumber was In transit failed and N noXjfled the carrier In pos- esslon not to deliver the lumber. The car- ler delivered to D. tno consignee , and N tied thr carrier for conversion. Hold (1) ( ) that id transaction amounted to a sale and de- very by N to S at Wiildo ; (2) a rerale and ellvery bv 8 at AVaMo to D ; (3) ) that the imber when It left Waldo waa not In transit from N to S.f but from S to D ; (4) lhat N was not I > ! B vendor , but con signor merelv and , ' cou'd not exercise the right of stoppage In 'transltu. ( Per Ra- Unland against OfrCormlck Harvesting- Machine Conrpany. Error from Lancaster county. Alttrmed. Irvine. C. A contract between a harvesting- machine company ami its scents for the sale of Its machines on commission , provided that the ' agents should settle for all machines sold either bv cash or bv note at the- time of their delivery , and If the agents should de liver any machine for use In th ( field or permltl its use before It should bo fully paid : for liy cash or note , the agent should bo liable for Its price. Itwas also provided ' lhat all notes should bo made paya ble to the order of the company and [ that all moneys or notes ehould bo received as Its agents and remitted to it. A form of contract whereundcr the machines were sold provided that If after onn day's trial they did not work time should be allowed to send a person to put them In order. If they still did not work well they might be returned and thn purchase money would be refunded. Held , that the trial contem plated by the sales contract was to bo after : the machine had been paid for or notes JOBBERS FIND FINDOK OK OMAHA. AGRICULTURAL IMPLEMENTS. Parlin , Ortndorff & Martin Co Jobbers of Farm Machinery. Wagons and Bucctts - Cor. Ith and Jon * * , ART GOODS Hospo Picture Moldings. Mirror * , Frame * . Docking and Artla'jT ' Materials. BOOTS-SHOES-RUBBERS , H merican Hand 1 V Sewed Shoe Co M'frs | Jobbers of Foot Wear WESTKDN AGENTrOH The Joseph Bonigan Rubber Co. r H. Sprague & Co. , Rubbers and Mackintoshes. 1107 Howard St. , OMAHA F.PKirkendall & Co Boots , Shoes and Rubbers Stttsroomj 110M104-11M Ha.-ney Strett. 7 T. Lindsey , S * RUBBER GOODS Owner of Chief Brand Macklntoche M orse-Goe Shoe Co Boots , Shoes , Rubbers , AT WHOLESALE. Office and Salesroom 1113-21-23 Howard St. BAGS Omaha Bag Co Importers and Manufacturers BAGS 614-16-18 South ulh Street BAKING POWDER EXTRACTS. r arrell & Co ! SYRUPS , , Sorghum , etc. . Preserves and Jellies. Al o tin cnna and Japanned warei CHICORY he American T Chicory Go. Qrowen and manufacturers of all formi of Chicory Omaha-Fremont-O'NelL CROCKERY AND GLASSWARE H * H , Bliss , Importtr and Jtttor Crockery. China , Glassware , Oliver Plated Ware , Looking Glasses , Chan * * ' . . " ' - 'amps. Chlmneya. Cull 1410 FAUNAM ST. CREAMERY SUPPLIES The Sharpies Company Creamery Machinery and Supplies. Boilers , Knglnen , Feed Cookers. Wood Pul leys. Shafting , Belting , Butter Pack- aso of all klndi. 07-909 Jones St. - - - - - - DRY GOODS. E , Smith & Go. taporteri aud Jobber * of Dry Goods , , Furnishing Goods AND NOTIONS given for the purchase money nnd that tho. agents were liable for the price of ma chines delivered for such trials without Ilrst taking the money or notes. Tukey against Omaha. Appeal from Douglas county. Afllrmed. Irvine , C. When the governing body of a municipal ity Is authorized by a vote of the people , und only thereby , to Incur a debt for a particular purpose such purpose must be strictly followed and the terms of the au thority granted must bo atrlctly and fully performed. 2. A proposition was submitted to the electors of a city , and by them adopted , to Issue bonds for the purpose of securing a site for a market place nnd erecting there on a market house. The proposition con templated the purchase of land for that purpose. Held , that the erection of a mar ket house on land already owned by the city and used as a public part was a sub stantial departure from the terms of : the vote und was unauthorized. 3. A resident taxpayer , showingno pri vate Interest , may maintain a suit to re strain the governing body of a municipality from nn Illegal disposition of the public | money or the Illegal creation of a debt which must be paid by taxation. Horbach against Smiley. Appeal from Douglas county. Reversed. Norval , J , 1. A dormant Judgment la not a lien upon Lho lands of the Judgment debtor. 2. A judgment revived la a Hen from the late of the order of rcvlvor. 3. The homestead law In force when the lebt was created Is applicable to proceed- ngs to enforce the judgment rendered 4. Under the homestead law of 1S67 a Judgment la a lien on the homestead , but won lien cannot be.enforced by execution 10 long as the premises are owned and oc- upled by the Judgment debtor. 5. Tne existing homestead net exempts 'rom forced sale upon execution or attach ment a homestead not exceeding In value 2,000 , and a Judgment while the premises ire Impressed with the homestead charac- er la not n lien thereon , even after their ialo and abandonment by the debtor , 6. Under the present homestead law n ludgment Is a lien merely on the debtor's nterest In lands occupied aa a homestead n excess of J2.COO. 7. In marshalling the liens herein judg- nents should bo given priority according o the date of the respective liens. Penn Mutual Life Insurance Company DRUGS. Pichardson Drug Co. go2-oo6 Jackson St. J. 0. niCHARDSON , Pre toflsto q F. "WELLER , V. Treat. * T he Mercer Chemical Co. il'f'rt Standard Phonitaaeuttcal I'reparo- tiont. ttptHal Formulae frtparetl to Ureter. Send for Catalogue. lbor torr , 1111 Howard 6t , Omaha. E. Bruce & Co. Druggists and Stationerst "Queen H e" EpecliUlef. Ctcari , Wince and Ilrandlei , Oomtr 10th nd Hurney strctta , ELECTRICAL SUPPLIES. W estern Electrical Company Electrical Supplies. Electric Mining Dolls nnd Gas Ll > : litln O. W. JOHNSTON. Mgr. 1510 Howard St. " U/olf Electrical vy Supply Go WHOLESALE AND IlETAIL ELECTRICAL SUPPLIES 1IM Famam St , FRUIT-PRODUCE. & Co , WHOLESALE Gjmmission Merchants. S. W. Corner l"th and Howard StB. Membera of the National I nsue of Commit- Ion Merchant ! of the United State * . GROCERIES. M cCord-Brady Go. 13th and Lcnvcnwortli St Staple and Fancy Groceries tU AND COFFEE ROISTERS , Etc. eyer & Raapbe , WHOLESALE FINE GROCERIES i ' I Teat , Bplcea , Tobacco * nrCljir * . ' I 1403-1407 Harney Bircit. and Paxton Gallagher Co GAM COFFEE HOASTEUS AND JOBUINQ QUOCEIIS. Ttltpbon * ISS. HARNESS-SADPLERY J * HHaney&Co. Sl'frf nARltISSSt B A DDL KB AND COLL A KB Jobber * of Leather , Saddlery Hardware , Ete , Wo solicit your orders. 1315 Howard Et HARDWARE. Rector & Wilhelmv Co Wholesale Hardware , Omaha. L ee-Glark Andreosen Hardware Co Wholesale Hardware * Bicycles and Sporting Goods. iaiO-a.l-28 Bar- 1107 street. LIQUORS. Piley Brothers , Wholesale Liquors and Cigars * 1118 Furnarn Street. against Crelghton Theater Building Com pany. Appeal from Douglas county. Af- tlrmed. Sullivan , J. , Irvine , C. , dissenting. 1. Judicial sales must bo conducted by the sheriff or other person authorized by the court. 2. Ono who Is designated In a decree of foreclosure as a special master commis sioner to make a sale of the mortgaged premises cannot lawfully delegate hlB au thority to another. 3. It Is the duty of thn district court to confirm a judicial sale of mortgaged prem ises only upon being satisfied that the sale has been made In conformity with law. I. When the records of the court conclu sively show that the sale was made by an unauthorized person the court may set such sale aside on Its own motion , and this It may do although the officer's return does not disclose the Irregularity und la not di rectly assailed. Saundcra agnlnst Bates. Error from Douglas county. Afllrmed. Norval , J. 1. Objection to a bill of exceptions be cause It was not presented for examination nnd amendment In thu statutory period , made for the first time In the appellate court nearly two years after filing trans cript , and after service of briefs upin the merits by the party seeking the reversal , comes too late. 2. Possession of a negotiable note , duly endorsed by the payee creates a presump tion of title thereto In the holder. 3. The note , sued on was executed upon a sufficient consideration. Richardson Drug Company against Mey ers. Appeal from Douglas county. Afllrmcd. Kagan , C. 1. The test of equity jurisdiction Is the ab sence of an adequate remedy at law. Hut on ndequatn remedy at ilaw 1 one that la as fiructlcalilo and efficient to the' ends of jus tice and Its prompt administration 0.1 the remedy In equity. I 2. Kvldonco examlnedi and held to sustain the flnulngs of the district court. i Box Ilutto County against Drlscoll. Krror from Box 13utto county. Ilcverned. Sulll-l van , J. I 1. An nppeal from an order of n county' board , ollowlmr a claim against the county , brings the mutter to the district court for .trial . do' nove. I ' 2. In 'n. case , appealed from an order of a county board Issutw nhould be Joined In the district court aa In cases appealed from Justices of the peace. t i I. In a cate appealed from an order of o. LIQUORS. * * Walter Moise & Co WHOLKSAt.B LIUORS. fZS Proprietor ! of AUKIIICAN riQAH AND WAItK CO. SH-MB south nth ct. i fler's Eagle Gin 1 East India. Bitters dold n Sheaf Pure ny and Bourbon Whliker- Willow spring * Ulitlllcry , Ilir * C * , , 1111 llarney Street Prick & Herbert : , Wholesale Liquor Merchants , _ 1001 Furnnni StrcoU John Boekhoff , WHOLESALE Wines , Liquors and Cigars , 411-418 & Uth OtrNt LUMBER hlcago Lumbar Do. WHOLESALE DUMBER . , . 814 South 14th St. amilton Bros , PLANING MILL , . Manufncturera of doors , ? a > h. blinds , enc ( . More nnJ saloon ilxtutec. Kctlmitcs furnUhcJ on any Idnd of mill work. Tel. 1-79. Jtlll 2Sth anil Davenport St . OILS-PAINTS and Paint Go. MANUFACTUnEHS Air Floated Mineral Paint And ralnt ? of All Kim ! * , Putty. Eta. U15 and 101T Jonci St. C tendard Oil Co. O J. A. Moffet. 1st Viet Pres. L. J. Drake , den MM \J J MO Gatc'.lnp. Turpcnt.ne , Axle Gre.ine , Etc. Omnha Branch ami AgenclcB , John D. Ruth Mffr. PAPEK-WOODENWARE. Carpenter Paper Co. Printing Paper , Wrapping Paper , Stationery , Corner Utb and Howard strMU. STEAM-WATER SUPPLIES. rane-Churchill Go. IOI4-10l6Doucl s Street. Manufacturers and Jobbers of BtMm. On ant Water Supplies of All Kinds. [ nted States u Supply Co. . . it08-1110 Harney .SV. Steam Pumps. Engines and Boilers , Plp % Wind Mills , Steam and Plumbing- Material , Beltln ? , Host , Gtc. TYPE FOUNDRIES r real Western ° Type Foundry Bnpcrlor Copper Mixed Tjrp * U tb * Wit on Uw mjket. 1114 Howard Strett. For an up-to-date Western Newspaper Read The Omaha Bee JAMES E B9YD & CO , , Telephone 1039. Omaha , Nc'j COMMISSION , GUAIN , PROVISIONS and STOCKS BOARD OP TRAD1 ! . Direct wre | to Chicago ana New York. Corrnponjenln John A. Warren * Co. TELEPHONE ) 1033. * | H. E. PENNEY & CO. 11O Board of Trade Elder. , Omaha , Neb GRAIN , PROVISIONS , STOCKS Branch. Offlre. 1C3S N St. . Lincoln. Neb. county board disallowing a claim the dis trict court cannot lawfully render judgment against the county without pleading * beltiff filed or nl trial had. McAllister against Uyrncr. Rrror from Hall county. Reversed. Ryan , C. Ordinarily one who hsu lx. > en In the actual , open , exclusive and uninterrupted possession of real estate for ten years thereby acquires abroluto title to the same. Western Apsuranco Company against KIN patrlck Ilrltish American Assurance Com pany agnliiHt Kllpatrlck. Krror from Douglas - las county. Alllrmed. Sullivan , J. 1. Id ts not. nn abuse of discretion for thn district court to rcfuxo to permit an amended nnsAtr , 'presenting a now defense , to bo Hied , at the time u case Is called for trial , where It ni > pear that the , Tacts embraced In th ' proposed amendment were known when thai original answer was filed , and no excuse la ) offered for the delay In making the applica tion for leave to umend. 'i. A chattel mortgage which remains In the posst'RHlon or under the control of thn mortgagor may , without actual delivery , create a valid lien on the property therein described , If the parties to the Instrument Intend that It shall have that effect. Hut such Intention -will not bu presumed and ] where thn uvldenco bearing upon the ques tion Is substantially conlllctlnK of equivocal. the flndlny of thu trial court that no lit * was created , will not b disturbed ,