the iu:e: omaha, Saturday, aiv.ust i iw.
( 1
.1
f
X
1 T'l I
OFFERED FOR SALE
MlwllM ii Contlnwed.
FOR PALE--Nw and 2d hand Mllard
and pool tables. We lead 11, world In
cheap bar fixtures, easy payments. Brunswick-Balk
Coilender. 407 S. 10th 81
Hot-Ea-Tot Twins are coming.
ICE Foil SALE
I Good reservoir tee In carload lota. Ketrle
v 10 1,0., , rnnM f.ug., Omaha.
FOR SALE Cash register and sat. Ad
dreaa, J . cars Bee. "
ONE Howard regulator. 1 fin alma......
I marble-base showcases, one very fine
wan ! inn oni large stove,
one roll-lop desk, eto. 10 N. 11th St.
FOR SAUK. CHEAP One new Champion
belt-power, eondensing hopper, steel frame
hay press, tiz 17x42 Inches. Address A. U.
j-iujii, vwn IN t O,
HEATING at I8 per M. O. C. .Dlra
rnock, ft Bona. South Omaha.
BUT from tha factory. Burkley Envelopes
FOR SALE Cheap, a collect 'on of rare
and valuable coin. I'hone Red 44'K)
Second Hand Boilers
Wa will sell two boiler that have been lit
" at tha Be bunding. They are each
li'6-horepower return tubular boilera, 7.
Inch diameter by 18 teet long. They have
18 C. I. tubes, I Inches byi3 feet. Work
ing preesur lib pounds per quar Inch.
Heat surface lt.009 square feat. Urate area
I2i aquar feel.
.. yerY mou 4laiHtB of these
bo ler Immediately and will sell at a bar
tain. If taken at once,
,.TR PER BUILDING COMPANJ.
17th and Frnam Bu.. iinnhi Neb.
OSTEOPATHY
JOHNSON. IN8.. 411 N. Y. L. Tel. D. 1664,
Dr. Katheryn Nlckola. 80S N. T. L. Bldg.
r- 'i. i u .
PATENTS
D. O. BARNELL. PaxAon BU. Tel Red 7117.
HUFFMAN. Ill Keville Hldg.,
Hook fre.
PERSONAL
TUB SALVATION AUMT aol lulls caatoif
lothlna: In tact, an thing you do not need.
collect, repair and sell at 1.14 N. 11th
fit., tor roftt of collection to the worthy
poor. Call phon Douglas 412 and wagon
will sail,
' Hi" A flWlTTTP treatment. Mme. Smith,
tU 8. liih St., thir floor.
A HOME for women during confinement.
Wo find homes or bablaa where mothers
cannot f-are for them. Babies boapdel.
For tertria. adtlrefcs Mrs. Martha A. Lee, 403
Baneroft Bt, Oaiaha, Neb. i'hone Ijoug
las 192L
OMAHA Stammerers' Ins., Ramge Eildg.
CONSULT an experienced buyer In fur
nishing a house, pianos or dress gooila.
Address Mrs. U W li06 Fifth St., Flor
noa. HALL'P aafeg, new. 2d-hand, 1SU Farnam.
PRIVATE horn during confinement;
bablaa adopted. The Good Samaritan Hani
tgrium, 740 1st Ave.. Council Blmfs, la.
DR. EGasRa, private eonflnemapt home.
lil Martha St. Tel. Bouglaa 630.
Hot-Bn-Tot Twins are eomlng.
WE will call (or, clean and adjust your
phonograph for $1.60.
NEBRASKA 13 VOLS! COMPANT.
Cor, litu aaid Harney. Doug. JdCiA-WSl
A FAMILY remedy for every 111; every
one guaranteed to suit or your money re
funded. We refer to A- JV 8. remedies' at
ecHAEFfca-s out pkioa tua
STORES.
MAGNETIC Treatments. Erqmerltn
Brott, 31 i. Wth St. Doug. 619.
d1 K Tunes your plant). All this week.J
work guarantee, fnone u. una,
4115 Farnam St., Cora Piano Co.
PRINTING
PHONH IND. A-td30 for good printing
Lyngstadt Printing Co., Uth i Capitol Ave.
"HOLLAND PrtnUt-g Co.. UP 17th St.
' WATER Printing Co.. ta a Uth St.
" HYATT - U5NQACRE. PRINTERS,
. 170$ Leavenworth St Teh Doug. 267.
REAL ESTATE
Heetl UuUf Dealers.
HEED ABSTRACT CO., Est. 18M; prompt
oe; get oa pneea. mv farnam at.
OAwiaSTAD, 404 Bee Bldg. Tel. D. X1.
AY imr. PP., firat ffoor M. T. Ufa
BENJAMIN R. B. CO.. 477 Brandels Bldg.
HEAL ESTATE TITLE-TRUST CO.
CHAB. B. wrLLIAMaON. Presldont,
CITT FROMDRTY FOR SALIII.
BRICK
For gale. 100.00 light rerl brick at M er
uwueuia; suao ew.vuu gooa Ai nara DricK
let h.n per thomaana. Livesey Brick Co
list ana waneroft ml
pouth Omaha Home
i
Modern T-roem bouse: hot water haaL
iarge, airy roeaai), newly paved street
-nd garajre. Call at M14 E. St.. 8autt)
ltnh ai hIiau ImiIIi Ui
FOR SALE, BY OWNER Strictly mod-
in ivroam residence near Hanscem park;
ue snaae, geec lawn, cemeal walka, aa-
ait paving all paid) lot 50x160: convenient
enner east or west side ear. WIU Bell
.h or without furniture, complete, on
enable terms, A 44 rasa D UO. Bee.
lie Writer of
Awarded A
R. NELSON'S NEW FARM
TM TfYVVA
liN J. v. V A '
x'eb., Daughter of J. A. McKeo. Passed
nto Tenth Grade South Omaha High
. hool. Fngllsh Teacher. Mia Fowler.
TTnALi-fooTnTI
je; 4 acres, part in fruit, rest In gooU
rden land, for $3,000. Maploton. la.
1 want to make a change. I should like
ever so much better In some anuUt
n m Nebraska or Iowa. How do you
w- ui pi mu r miiu ur. jiun o nia
if, aa they sat on the porch ot their
orae in Omaha.
"I like it very much, but would we live
on a farrnT" said Mr. Nelon.
"About three or four acres. Just enough
to give me a little exorcise." gntrworv! Mr.
Nelson.
"But I would not like to te awav down
there and then not be able to get a good
houao and land," said she.
Their conversation was Mopped Just then
by their daughter Ethel calling 'them to
. supper.
At supper they told Ethel of their plan
and ah fully agreed with them.
Why not look In The Bee to aee If there
are ome farm advertised. When . our
neigooor, air. Martin, wag going to move
KanaM be looked over The Bee want
i J'lli lOU JUKN THK FAMILY OF STORY W1UTE11S LAST
WKKKt mi) YOTT WTM A PPT7PI
REAL ESTATE
tin rHAcRHtY run SAI.K
(Continued )
EASY ENOUGH
$50 to $250 cash and $10 to $50 per
mo. for following:
6-rnom cottage. closet, fwir, water, gaa.
pvd street, near 24th and Leavenworth,
(iro.
Same near Jth ed Dodge. $3,1"0.
a-ioom house, gaa, closet. swr, shade,
permanent walk, lot SJxliO, near lth and
isul. Jlo
6-room cottage, full lot. Deaf' ith and
Spragn 8 . II.
&-room eottaxe, beet repair, rlty water,
5 as. full Im, east front, near Tth and Bur
et f. $130.
-ioi,m modern cottage, newly painted ana
repaired, lot fiOxKA near 30th and Burt,
$2 6 .0
S-room house, t lot lOOxia. large snaae
trees, brick walks, near 2it and Ceniar,
tl WO.
7-room modern hoiiKe. good condition.
large barn, shade and fruit trees, perma
nent walks, lot 0x140. eouth front, finest
refidenoe lorn lit y, na.tr 43d end Grant, Si,900.
6-reorn cottage, city water, tun level lot,
near Rtverview prk, $7o0.
RUSSELL & McKITIUCK CO.
432 Rainge Bldg. 1Mb and Harney.
Vacant Lots for Sale
44th and Capitol Av., lot
60x06 $ 450
Can be sold on payments.
16th and Burdette
lot 60x121
Bis.,
20th and Laird Sts., cor
ner lot, 60x124 $ $
24th and Burdette, lot
48x1.; good lot for
tore 11,100
SOth and Dupont Sts., t
good lota, each 60x125...$ 600
6th ft Hickory Sta., lot
60x122 ,.. $1,000
Creigh, Sons & Co.
Tel. Doug. tOO.
(08 Bee Bldg.
a-ROOM detached house.
20i h Ave.
Inquire S24 8,
110,000 HOME FOR
$9,000
Owner leaving the city has decided to
sacrifice his home In order to make a
quick sale; 4 rooms, mrutrrn, hardwood
flnleh, hot water heat, large barn,' east
front lot, permanent walks, pavement;
oiiiee to street car, para ana f ield cms.
$4,0u0 cash; balance eeey.
' J. H. DUMONT A SON. '
Phone Douglas iiXk 1606 Farnam Bt.
0-ROOM bungalow; new; all modern; hot
water heat; fine lawn; garage, lot duxlm,
close V) Country club; must be seen to be
appreciated. Price exactly e3,ua.
P. O. NIELSEN & 00
T0S N. Y. L, Bldg. Both Phones.
DO YOU WANT A HOME; IN
v DUNDEE t
IF SO LOOK THIS UP.
New, all modern 6 room house,
oak finish on first floor, oak
floor on second floor, tile vesti
bule, fine- outside sleeping room
on second floor, also screened
room, on first, is plastered and
can be used as winter sun parlor.
Location sightly and desirable,
Price $4,250.00.
Just west of above we have al
most a duplicate, except larger.
BENSON & CARMICHAEL,
642 Paxton Block
$U.50 A FOOT
buya one of those choice lots In
LINCOLN HEIGHTS ADDITION.
high and sightly, right where others are
Duuaing nomes.
TERMS $5.00 CASH;
$5.00 A MONTH
ISO lots already void. Lots am on Marie
Blnney and Wirt streets, between 36th and
42d St.
Take Deaf Institute car going north on
mn t., get orr at uth and Marie and walk
I blooki east or call us up. We wll take
you out any time.
HASTINGS & HEYDEN. 1G14 Harney St
CHEAP LOTS
Northeast corner 4th and Burt Sts., IJOO
worth of bearing fruit trees. Only $400.
Easy terms.
2 lots on 2ith Ave., just off Sprague St.,
MT.O. JiaiV ternjie.
4 lot. 47th and Chicago St.. $450 each.
Your choice of 4 lot at 40th and Ames,
each $175.
W. L SEXBYr
4N Board of Trade Bldg.
BOULEVARD HOUSE. 224S North 19th
St., -roojns. modern, only $2,509. Thomas
Brepnan. Room L New York Life Bldg.
This Stor) Was
Nice Prize.
,ds nd found th wy klnd of frm
advertised that he wanted. lust heard
the boy throw the paper on the porch and
Bne frougni m paper ana in looking; it
through they found the above d.
..ThjU u tne vry thlrif Now we
hav d aell this bouse. I believe
t would be a good. Idea to put an ad
in The Bee advertising our Drouertv for
sale." said Mr. Nelson. Accordingly, the
n,xt day he put in the following ad
FOR SALE Good l-roora house, larra
nnue ireea. inquire
In few day they sold their bouse in
Omaha and In three mure week were
comfortably situated tat their pew borne In
Iowa.
"I received a letter- yesterday from a
.fr!ud in Omaha and be asked bow I bap.
pened to move so suddealy. I wrote
him that I could not have got a home
here ay soon, nor been able to sell the one
In Omaha if it had not been for two
vant ad In The Omaha Boo." said Mr.
Nelson one evening when he came In to
aupper after a day' work on. hla new laVV
"Ye, indeed. I am aura w shall
aw
fvel better In the country ahr than In the
olty and I know we were fully repaid
for putting the ad In The Bee," said Mra.
Nelon.
REAL ESt ATE
CITY rkul bHIT FOR IALC
lContmua.
Small Cottage South
At 10M Center St. we have a four-room
eottage with a vacant corner on the west
large enough for another heuee. We offer
the whole thing for 2,2r.
A. P. Tukey & Son,
444 Board of Trade Bldg.
Phone Doug. 2191.
OWNER LEAVING TOWN
WANTS TO SELL HOME
4.S00 mi California St.. 8
room, two story house, etrlc ly
mofern, hard pine floors and
finish throughout. Mantle and
grate In reception hall, 4 bed
rooms on seond floor. He
ctiotly reduced from IS, 20 for
Immediate sale. Reasonable
terms.
NEW DUNDEE HOME ON
EASY TERMS
60J2 Cuming St., T room and
reception hall, 2 story square
house. Full basement and
large attic. Modern In every
respect; oak finish; 4 bedrooms
and bath on second floor.
Stairway to attic. Best com
bination fixtures. Lot 60x133
feet. Price, K360.
GEORGE & COMPANY,
1601 Farnam St.
FOR SALE Two newly box ball alleys
In fine shape; very cheap for cash; would
; would
Arnolds
ell separately. C. V. Parker,
Park. la.
C. H. HENDERSON.
$1 Board of Trade. 'Phone Douglas 1169.
Omaha City Real Estate.
Keith County Land.
HOT WATER HEAT
In the fine, new, modern home at 2414
Brown St. j 7 living rooma, small barn, fine
south front lot,- half block west of 24th Bt.
Brown St. Is 6 blocks north of Ames Ave.
House wag built by carpenter-owner for a
home, but must be sold at once. Prlee re
duced to $3,600; reasonable terms; or small
property considered In exchange. Posses
sion at. once. See a bargain at once.
J. W. Rasp Co.
BRANDEIB RLDO.
FOR oulck returns, list you? real estate
for sale 4nd exchange with me, na sale,
no pay. w. W. Mitchell. Board of Trad
mag., umane. nen.
$200 DOWN
MODERN BENSON HOME
ON VERY EASY TERMS
THTS IS WHAT YOU HAVE
BERN LOOK1NO FOR, 294
S. Halcyon St, ( rooma, two
story house, bath, eleotrlo
lights, city water, furnace, ce
ment cellar; property la new.
built but two year; large east
front lot, Cement walks. If
you are looking for a home In
Benson, don't fall to see this,
would consider a good vacant
lot In trade. Only $4,106. Two
blocks to car and sphoo).
R Ii Landeryou,
442 Board of Trade.
Tel. Dour. 3161. Ind. A'41Dt
BETTER THAN A
SAVING BANK
An investment of (1 every week In our
nigh, sightly
HILLSIDE ADDITION
You cannot put. your money where It Is
aaier or tne advance more sure.
Prices $100 to $200
Terms: $1.00 Cash, $1.00 a Week
No Interest, No Taxes,
Located at 37th and Curtis Ave., right In
the direction that Omaha is growing. In S
year hundreds of house will bo built on
this hill. GO OUT. AND LOOK AT IT or
let US show you the lots.
OUR PROPOSITION
If you buy one of these lots and should
decide to change for any other property
advertised by us within one year we will
make the exchange, allowing you every
cent you have paid.
HASTINGS ft HEYDEN. 161 Harney St
SHIMER & CHASE CO.,
New location, better quarter, facing
oourt nouse, aw stoutn Kin atu -
Shinier & Chase Co.,
S0 South 17th tK Both 'phone.
For sale, a hot water heating plant
good condition and new Inlaid linoleum for
store. Call at Leffert'a, 400 Broadway.
Ceunoll Bluffs.
Wh.M wltlna A . ..... . ,
It only takes a stroke or two of the pen
v inrimuu mi met mat you saw tne an
In The Bee.
REAL ESTATE
KARM AND RANCH L.ANO FOR "ALB
Arkaasss, .
SOUTHWEST ARKANSAS Laugh at
this. 184 acres, on mile of station; 100
aore cultivated; all the place under fence;
4 good wells, good houses, barns and out
building; wood, pasture; no reck, no hills;
com ae the corn that la on It now; price.
$10 per aore. Do you want a hornet Then
write ureea & ureen, nope, Ara.
Colorado.
S20 ACRES, Lincoln county, Colo., for
ale or exch. for city Income property.
Address Page, 405 Clapp, Des Moines, la.
FOR SALE COLORADO SNAP.
S20 acres of good prairie land In Logan
county. Colo.; every foot tillable land; 6
miles from station; at $7 per acre; great
anap; will double In one year, and must
bo sold in the next 10 days; don't write,
but come and see. as this will be sold to
the first man, lliat look at It Morton ft
Waldo, Sterling, Colo.
Kansas,
FOR 8AI.E-I.and In northern central
Kansas, in Solomon river vallt-v; Improved
farms, ranches and raw land' pure soft
water and plenty of It; timber, good mar
kets and no crop failures, land at right
price fur Investment or homes. I'or de
scriptive circular and price address A, W.
Loomls. Mlnmapo' Kan
Rort Dakota.
OTTT THEY OO TO HATNF.S ANO
MOTT. ADAMS AND HETTINGER
COUNTIES. NORTH DAKOTA, to buy our
lnw-pricei land and see the bl cropa of
Dollar Wheat: new railroads building and
new tewr.s. where new hole s and business
houses are needed Pee Win. H. Brown
Co.. Haynea, Adams County. North Dakota,
lui iihii i.nrt f."
arowtas
TJ S. GOVERNMENT LAND
OPENING CNDEtl CA U ACT.
Conrad-Valler project, Montana. 70 )1
atiea of fiue. graesy prairie under Irriga
tion. Drawing o n.U'r 7, l.wj l.ist reg
ister for drawing before October 7. Can
register by mail. For lino' mation and
blank writ W. M WAYMAN. Valler.
Montana, or 1160 Security Bank liidg.. Min
peayolla. Mlua.
tntuaewa.
TWO Oklahoma farms tor sale; one IS
miles frem Erich; one 1 mile from. Moore
land (must, sell at ' once). W'.l.e J. M.
Yodun. tloutt' Bluff. Neb.
REAL ESTATE
FARM AND tvaltll I.A FO. A.
(Continued I
Rebraake-
No Drouth in the
North Platte Valley
Crnna are as fine as vou ever saw. oats
running from X to 100 bushels to the acta,
wh at 44 to 66 bushels. Sugar beets are
18 Per Cent Net
TO YOU
This Is what you would call a real snap.
$9,000, $5,000 Cash
tularin I ner cent. Let us tell vou about
It It is wort'i while. Nowata Lsnd Lot
Co., Suite 624 N. Y. Lite Bldg., Phone 1j0.
Omaha. NeU
$ 100 CASH, $15 MONTH
Near car line, school and church.
6-R00M HOUSE
How much have you saved, paying rent,
for last ten years T
Start Right, Now
Suite 614. N. Y."L4te Bldg.,
Phone Red le. Omaha, Neb.
look ng fine and potatoes promise a bis
crop. The farmers In the SCOTT'S BLUFF
COUNTRY ate not lying awake nights
worrying because of no rain, under irriga
tion YOU MAKE YOUR OWN RAIN.
Turn nn ih iitar when your creo needs
It turn it rff when vou have had enough.
VOU TAKE NO CHANCES on a Irrigated
farm.
There are men In the corn belt who today
wouid gladly pay 110 per acre for a chance
to turn on water frem a big ditch. The dry
weather is costing the farmers cf the corn
bell not lees than ONE BUSHEL PER
ACHE PER DAT.
Make up your mind to go out ana see ins
fin.t tract of trrlsated land In the west
and nearest the Missouri river markets.
VVe run
AN EXCURSION EVERY TUESDAY.
Come and ao with us. We have a brand
new car on the PAT N E PPFA'IAL. You
live, eat and sleep In perfect comfort, meet
a or oe ef fine people, see the splendid
water supply, leek at the land quickly and
comfortably by automobiles. We bring you
baok t Orheha Friday night and we have
never taken a man out yet wne was not
thoroughly tatlsfled with the trip.
tnl LANDS ARE SELLING. FAST. Re
member, there Is a limit to the amount we
have for sale. We have sold
12,000 ACRES FOR A MILLION DOLLARS,
since May 4. If the lands were net what
we represent. If the soil were not as good
as we claim. If the water supply were not
abundant fer every need as we advertise,
do you presume people would buyT Do
not buy without seeing It then It is up to
you. If you have the money you will no
doubt buy, but we would like to talk with
you about. See our llerature, look at the
clotures, go out and talk with the men
Who are growing the big crops. Da It qulok.
PAYNE INVESTMENT COMPANY.
New Yerk Life Bldg., Omaha.
FOR SALE Fine 180-acre farm, good
buildings, fine water and windmill in An
telope Co.; price $40. Addresa Owner, Bo
4L Route 1, Clearwater, Neb.
IRRIGATED land on the North Platte
river valley, watered from government
ditch; no drouth; no crop failures. Price,
from 30 aero up. See E. M. Todd. Bridge
port. Neb.
n..i. a . T n t ...ni. 1 ttarr.ln Ait enren
J. V I. " - -
good land near Sidney, at 4.7& per acre. If
taken immediately. Address Y 60L care
Bee.
BIO BARGAIN.
..eflO acre about 18 mile southwest o
Bridgeport. Neb., over 1.200 acre gentll
miiina or level. oodNoll. fine water, bit
soaking rain out there last week. Price
quick sale, only IS W n acre.
FOR SALE OR TRAD10-262 acres of
land miles south of Lexington at $36 per
aore; also best located rtvery stock In Lex
ington; invoice aeeut n.see; win irane ior
well located stock meronanaiBO. Aoaress j.
A. Ray, Lexington, Neb.
Near Omaha
Only 10 mile from So. Omaha stock yards,
$10 acres, with 8-r. house and other good Im
provements, good orchard and maple grove,
located only Vi mile from town and paved
road to Omaha, $126 per acre. Terras,
O'KEEFE REAL ESTATE CO.,
1001 N. Y. Life, Omaha, Neb.
FOR SALE Improved farm of 160 acres.
7 mile southwest of Chsppefl, Neb.; fine
soil, raises excellent crops ot small grain,
alfalfa, potatoes, etc.; good well and build
Ings, In good condition; $25 per acre; half
caah, balance easy payment. Address A.
M. Peyton, Chappelf, Neb.
IMPROVEMENTS on homestead for sale:
uneVr government dlich; Platte river, west
ern Nebraska. See E. M. Todd, Bridgeport,
Neb
oatkt Dakota.
SOUTH Dakota farm, ranch, mineral and
timber land for sals or trade. 1.AC0 acres
part irrigated farm, fin Improvement, ons
Utile erst ef Rapid City In Rapid River
valley for sal or trade. Bargain. Tell us
fully what you wlah '.J buy. ell or trad.
Come weat; make money In land. Rep
resentative wanted, farmer preferred.
Farrar ft Jepsen, Rapid City. 8. D.
CHOICE RELINQUISHMENT.
10 acres exceptionally fertile soli, IVi
miles of railroad; necessary improvements
already made; ready to move right on to;
must be dittpoaed of at once; great bar
gain; write for details.
HOMESTEADS and FARMS, either Irri
gated or dry farming; a few extra fine
homesteads now open right near new rail
road; write at once for particular and list
of farm and ranches. RIGHT NOW It the
time to get a homestead in the path of the
new railroad. Don't delay.
WEST DAKOTA LAND CO., Sturgl. S. D.
FOR SALE Well improved (40-acre farm
In one BOlid section, WO acres of which Is
In fin state of cultivation; all fenced and
cross fenced; good house, barn and gran
aries and corn cribs; large cattle sheds,
stock scales, artesian well, etc.; can all
be cultivated; price $a per acre. For
terma and particular address or call on
McCullen Land Co., Miller. S. P.
REAL ESTATE LOANS
$100 to $10,000 made promptly. f D. Wcad.
Waad bl!g . Uth and Farnam.
$TO0 to $6,000 oo home In Omaha.' O'Ksefe
Real thtal Co., 1WU N. X. Life. Doug, ui
A-21U.
MONEY TU LOAN-Payn Inveament Co.
FIVE PER CENT MONEY
to loan on
Omaha iiuainess Property.
THOMAS BHENNAN.
Room L Nw Vork Life Bldg.
GARVIN BROS.. 21$ N. T. Life. & to
$2u0.v0Q on Improved property. No delay.
WANTED City loans and warrant. W.
Farnain amllh ft Co., ISJI arnam Si.
WANTEO City loans. Peters Trust Co.
PAYNE. BOSTWICK ft CO.. N. T. Lit
Private money, kam to H.uoo, low rate.
SECOND MORTGAOB loan negotiated.
Apply Booms 417-lli First Kai l Bank Aildg.
bii 'phone. Dougla Mi.
LOWKHT RATES Bemla. Brandel Bldg.
WANTED TO BUY
WANT El Several carload of fresh rank
cows or springers. Dealers in state, let u
hear frem you. Alamlto Sanitary Dairy
Co., llll Farnam bt
BEST price paid for ad-hand furniture,
love, clothing. W. Rosenblatt Tel. D. 6VH.
BEST price paid for second hand furni
ture, carpet, cloth and shoe. Tel. Doug.
1971. .
BALTIMORE d-haad stor paya best
price Id-hand furniture, clotbea, etc D. C.
WANTED TO BUY
(Continued )
W ANT KD Before acho.il commences, the
best house 14 000 or I4.M0 will buy In
Kountre rlar-e. or Hansrom Place, or such
a neighborhood F. D. WEAD. 1W1 Farnam.
WANTED TO RENT
WANTEI By September L furnished
house for the winter. Harney 1474.
WANTED SITUATIONS
CHAUFFEUR wants position with private
family) 13 years' expensnae; honest, sober,
etc. Address D Bee.
WANTED By yeung man. place to work
for board while attending Boyles college.
Both phones.
CHAUFFEUR wants position driving
tourists en southern or eastern tours; bave
driven In two Olidden tnurs and ether long
trip
A1i1ree A f7. Bee
LEGAL NOTICES
NOTICE OF STOCKHOLDERS' MEETING
To the Stockholders of the Omaha Southern
Railway Company :
You are hereby notified that by resolu
tions of the Board of Dlreoters of Omaha
Southern Railway Company, duly adopted
at a meeting of raid beard an the Wth day
of August, 10. a special meeting of the
stackholder ef Omaha Southern Railway
Company has been called to be held at the
general offices and principal business of
fice of said company, at the office of C. B.
arar, at the southeast corner of Fifteenth
tree mum wi ,.n. y
Omaha. Nebraska, en the 23d day of Octo
ber, lrOS, at o'olook In the forenoon, for
the following purposes:
it.) To consider the eale, conveyance
and transfer by this Company ef the whole
and every part of Its line ef railroad and
branohea, constructed or to be constructed,
together with all tha real estate and ether
assets and property, real, personal or
mixed, rights, privileges, franchises, powers
and Immunities of this oompany, and all
Interests therein, to ine Missouri racirio
Railway Company, a consolidated corpora
tion o the States ef Miasourl, Kansas and
Nebraska, formed under a certain Con
tract and Articles of Consolidation dated
the 29th day ef May. 19Jt; and to deter
mine whether such sale, conveyance and
transfer, and the terms thereof, shall be
consented to, ratified, assented to, approved
and adopted; and
tt f t shall be determined by the
stockholders that such sale, conveyance
ami transfer be consented to, ratified, as
rented to, approved and adopted, then to
a;uhar(xe and direct the proper officer ef
this company frem time to time to execute
and deliver any and all deede and other
Instruments of whatever nature, and to
take all further or ether action, necessary
or proper to carry such sale, conveyance
and transfer fully Into effect; and
il ) To ratify and confirm all action
taken and authorised by the Board ef Di
rectors of this Company, and. to take any
other action In the premises, and to trans
act any other business that may properly
come before the meeting.
For the purpose of this meeting the
stock transfer books of thin Company will
be closed at tha close of business en the
12th day of October, 1909. and remain closed
until the opening oi ouainess on me ssui
day of October, lsoi.
V
Dated Auauat 17. 100.
President ef Omaha Southern Railway
Company.
F. W. IRLAND.
Seoretary of Omaha Southern Railway
Company. Aiaaiit
NOTICE OF STOCKHOLDERS' MEETING
To the Stockholder of the Nebraska boutu
ern Hallway Company:
You are hereby notified that by reeolU
tlon of the Hoard of Dtrcotor ot The Ne
brack Southern Railway Company, duly
adopted at a meeting of aaid board on the
17th day of August 1M, a special meeting
of the stockholder ef The Nebraska South
ern Railway Company ha been called to
be held at the general oriloes ana principal
business office ef said comoanv at the of
fice of C. E. Wagar, at the southeast cor
ner of Fifteenth street and Farnam street,
day of October, lto, at o'clock in the
forenoon, fer the following purposes:
(1). To consider the sale, conveyance
and transfer by this Company of tne whole
and every part ef It line of railroad and
branches, constructed or to he constructed.
together with all the real estate and other
assets and property, real, personal or
mixed, right, privileges, franchises, power
and Immunities ef this Company, and all
interests therein, to The Missouri Pacific
Railway Company, a consolidated corpora
tion of the States ef Missouri, Kansas and
Nebraska, formed under a certain contract
and Articles of Consolidation dated the 2!tli
day of May, 130; and to determine whether
uch sal, conveyance and transfer, and
the trrrns thereof, shall be consented to.
ratified, assented to, approved and adopted;
and
(2.) If It shall be determined by the
stockholders that such sale, conveyance
and transfer be consented to. ratified, as
sented to, approved and adopted, then to
authorize and direct the proper officers of
this company from time to time to execute
and deliver any and all deeds and other In
struments of whatever nature, and to take
ail rurliiT or other action, necessary or
proper to carry such sale, conveyance and
transfer fully into afreet; and
(J) To ratify and confirm all action
taken and authorized by the Board of Di
rectors of this company, and to take any
other Action In tha premises, and to trans
act any other business that may properly
come before the meeting. -
r or tne purpose or tins meeting the stock
trans.'er books of this Company will be
dosed at the close of business on the 12th
day ot October. 1909, and remain closed
until the opening ef business on the 26th
day or uctoeer, twie.
Dated August 17, 109.
C. S. CLARKE.
President of The Nebraska Southern Rail
way company.
F. W. IRLAND.
Secretary of The Nebraska Southern R til-
way Jompany Ald21t
NOTICE OF STOCKHOLDERS' MEETING
To the Stockholder ot Omaha Belt Rail
way Company:
You are hereby notified that by reaotu
tlon ot the Board of Directors of the
Omaha Belt Railway Company, duly
adopted at a meeting of said Board on the
17th day of August. 10. a special meeting
of the stockholders of Omaha Belt Railway
Company ha been called te be held at the
general offloea and principal business office
or said company, at the office of C. E
Wagar, . at the southeast corner of Uth
street and Farnam street, in the olty of
Omaha. Nebraska, on the 23rd day of Octo
ber, ll, at nine o'clock In the forenoon
fer the following purposes;
(1) To consider the sale, conveyance and
transfer by this Company of the whole and
every part ef its line ot railroad and
branches, conatruoted or to be constructed.
together with all the real estate and other
assets and property,, real, personal or
mixed, right. privilege, franchises,
power and -immunities ef this Company,
and all Interest therein, to The Missouri
Pacific Railway Company, a consolidated
corporation of the states of Missouri, Kan
sas and Nebraska, formed under a certain
Contraot and Articles of Consolidation
dated th tilth day of May. Iu0; and to
determine whether aufh sale, conveyance
and transfer, and the term thereof, shall
be consented to. ratified, assented to, ap
proved and adopted; and.
(2) If it shall be determined by the
stockholder that such sale, conveyance
and transfer be corsenled to, ratified, as
sented to, approved and adopted, then to
authorise and direct the proper of finer of
ibis Compnay from lira to time to ex
ecute and deliver any and all deed and
other instrument of whatever nature, and
to take all further oi other gotlon, neces
sary or proper to carry suoh sale, convey
ance and transfer fully Into effect; and,
(31 To ratify ard confirm ull action
taken and authorized by the Board of Di
rector ot this Company, and to take any
other action In the- premise, and to
transact any other business that may prop
erly com before th meeting.
For the purpose of this meeting th (lock
transfer book of this Company wli be
olosed at the close of business on the 13th
day of October, 1H0S, and remain closed
until the opening ot business on the 2s in
day of October, 10.
Dated August 17th, 1909.
C. 8. CLARKE.
President of Omaha Deit Railway Com
pany. V. W. IRLAND,
Secretary of Omaha Belt Railway Com
pany. AuglJ DJ71
GOVERNMENT NOTICES
FORT LOGAN. COLO.. AUOUST 22L lWb.
Sealed proposal in triplicate will be re
ceived until a. m. September 22, 1909, ,ud
then publicly opened for the remodeling of
the pumping plant bar, to be equipped
for either aieam or electricity Blank
forma for bidders, plana and specification
may be bad on application. United State
reserves right to accept or reject any or
all pioposals or any part thereof. Envel
ope containing proposals should be marked
"Propoaala for remodeling pumpisg plant"
and addreeaed to the Constructing Quarte'r
ctorur. 'A St -ii-ie"
GOVERNMENT NOTICES
(Continued I
OFFICE or THE CONSTRUCTING
guartermaster. Cheyenne. Wyoming. Au
gust 11th, I. Sealed proposals, in tripli
cate, will be received at this office until
I N a. ni , mountain time, Monday, August
10th, lrf. and then opened in public, for
Construction of Steel f encee for Ourrals
at Fort D. A. Russell, Wyoming, and for
the necessary grading connected therewith.
Frloe for eacft to be stated separately.
Blank forma, plans and specifications and
full Information will be given on applica
tion at this office. Plan and specification!
will also be on file In the office of: Chief
Quartet master. Department of Colorado,
Denver, Colorado; Chief Quartermaster,
Department of the Missouri, Omaha. Ne
braska, and In the office cf the secret ery
of Builders' Kxchanae, St Paul, Minn. The
Government reserves the right to accept
or reject any or ail bide or any part there
of. Envelopes containing proposals should
be Indorsed "Proposals for Steel Fences
at Fort D. A. Ruasoll, Wyoming," and ad
dressed to Captain V. K. Hart. 16th In
fantry, Aotlng quartermaster, U. 8. Army.
Room t, Koefp Hall,' Cheyenne. Wyoming.
Ai4-it-i;-t-ir-2
REAL ESTATE TRANSFERS
IL J. Horstman and wife to Nettle
llsebeile, lot 44 to $0. block 2,
Mystic park, and lot $4 and to,
block 4. Veasar plaoe $ $,600
Zelda Robinson te William Foley,
south, tt feet lot 1, pchneir addi
tion 1.000
Mattle M. Meeker and buabaad to
Nels and Selma lilnieu, lot 44. Fair
fax 2
Hasting ft Heydea t Frank Cun
ningham, lot a, block a, wuipuur
SDiinc $,16
Sarah K. Andrews and husband to C.
W. Fldmn, lot . block "U,"
Shlnn's second addition 1,900
Elsinora Place Co. to Clara K. Cran-
dall. lot 11 block I. Grant place 160
Ralston Tewnslte company to Frank
Jahnann. lot 4. black V Ralston ITS
Catherine B. Foe te Jane Feo, und.
V interest In south U feet of eoutn
l.i 4 feet of w. k ot let SO, Hlme
baugh place 1
Jane Fooe to Catherine B. Fooa.
una. interest to nortn 4o leet or.
annth 1X1 feet of s. U lot M. Hhne-
batigh place 1
Sheriff to J. C. Blxby ft Son Co.. lot
11, blook 14. Walnut Hill 400
Catherine C. Cenlen and husband to
Mary Lynn, lot 7, blook 1, Urem
mercy park
Frank G Bloemqulat and wife to
Claua Slavers, lots T and a. block a.
Halcyon Heiahta 1000
Charles B. Bobbin and wife te Al
bert e. Petersen, w. H lot I ana 10,
block A. Central Dark
Edith L. R. Day and husband to
same, same 1
Ida L. Bobbins' to same, same 1
. J. Dedds and wife to Tilly O. Put
nam, lot 24 and e. H lot 28, block
106. Dundee nlace LOGO
Lee Winkler and wife to James t.
Murphy, lot a. block 16. Clifton Hill. LJ00
L. J. Patterson and wife to Edward
A. ninricn, lot a. Field club auudi-
..1.1... . -rJV.
.IPIWH ....... ,.
Grade M. Clark to Sylvia Riser,
eoutn 3t reet or nortn m reet or iota
and 7. blook 1. Poo place 1
Peter Bloom to George G. and Au
gusta urauae, lot a, uaacaii aup-
divlsion 750
Same to Same, south $7 (eet ot w. V
lot 86, R. K. Rogers, Okahoma 760
J. H. Custer and wife te U. O. Heath,
lot 1, -block 3, Collier place 1
Hasting ft Heyden to fame, sios.... 4&U
Abraham Cornbleth and wile to Wal
ter gandqulat south 30 feet lota 10
and 11. block I. Drake' addition.... 2.400
Edward T. Sage and wife to Charles
u. Homers, tot 4 and 6, Utlca
place
L&O
Total.
.$24,01$
RAILWAY TIME . CARD
USilON tTATlOA tOlU A HANS
Umloa PgvoKto .
Leave.
7:30 am
1:60 pin
Arrive.
11:40 pra
6:00 pin
8:60 am
Overland Limited.
Colorado Express..
Atlantis a.xpreas
Oregon ft Washington
uimitea i:uo am
6:45 am
6:50 pin
8:50 pm
6:4u pm
6 40 pm
7:20 am
Loe Angeles Limited.. 12:56 pm
"roniana special u .50 pm
Fast Mall ;j0 am
China ft Japan Mall. 4:uu pm
Colorado bpeclai 11:60 Din
tBeatrice ft Stromsburg '
Local J 2:40 nm
1:20 pm
North Platte Local... 6:2 pm
10:30 am
Local passengers not carried on Over
land Limited. Daily. tUally except Sun
day. Lbleago A Nertbwestersi
Leave. Arrive.
Droaha-Chlcago SDe'L.a 6 uS nm a 7:40 am
Colorado-Chicago a 6:20 pm a 1:2? pm
Chicago Daylight Spe'l.a 7:4 am all:iipm
Omaha-Chicago Local.. al2. OS am all: 34 pra
Los Angelea - Portland
Limited a 10 pm all 36 pm
Overland Limited all:60 pm a I Li am
Fast Mall a :04 am
Fast Local, Cedar
Hapida-Omaha a 1:3 pm
Omaha-Carron Liooal... 1:4 pm a t:30 am
NORTHWESTERN LINE NORTH.
Twin City and Dakota
Daylight a T 46 am alO:20 pm
tiinnflsoia ana 1'aaoie a i uu pm
Twin City limited
a t:0 pm a T:0t am
a 1:46 pm a 1:2$ pm
Sioux City Local
Dakota-Sioux City-
Omaha , ft 1:34) am
Minnrsota-Slouz Clty
Omaha - ..' , all:0tam
NORTHWESTERN LINEWEST.
Norfolk-Beneeteel ....i.a 7:9 am alt: pra
Lincoln-Long Pine ....a7:Mam all:00 am
Norfolk-BeuTh Platte.. . b .i4 pm b:2pm
Hastings-Superior b 21 pm b 6:20 pm
Deadwoed-Uot Springs $:M pra a 1:2 pra
Casper-Lander a 1:6 pm all:00 am
Fremont-Albion b 6 0 pm b 1:36 pm
Ch leas, Itoakt Island A, raelfle .
EAST.
Rocky Mountain Ltd. ...a 1:14 am ell: pm
Iowa Local .....a ( 40 am a 4:M pin
Tha Mountaineer a 7.43 am, a 1:66 ant
Dca Moines Local a 4:0 pm a 12 30 pro
Iowa Local bl:J6 am b :66 pm
Chicago-'.astern Ex.... a 4 40 pm a 1:10 pm
Chicago-Nebraska Ltd . a (.0$ 6m a $.06 era
WEST.
Th Mountaineer a 1:00 am a 7:36 am
Chicago-Nebraska Ltd.
for Lincoln) a :30 am a 1:47 pm
Colo, and t'al. Ex a 1:20 pm a 4:30 pm
Okla. and Texas Ex. ...a 4:40 pm a 1:0 pra
Rookv Mountain Itd...all:12 pm a 1. OS am
Catteagro Great W esteem
Chicago Limited a 1:16 am a 1:1 pm
Twin City Limited ,,..a IS am a 1:30 pm
Chicago Express a 30 pm
Clarion Local a 6 09 pra
Twin City Fx press ....a 00 pro a t:U0 aid
taiesgs, anwiiin at an. rawi.
Chicago and Cola. Spee.a 7 '31 ant all: pm
Cal. ant Oregon I W pm a l pm
Overland Limited all:4 pm a 7:16 am
perry Local .. 1:1 pos buo am
llllBOla Central
Chicago Express a T:1B am a 1:4 pro
Chicago Limited a 1:M pm a 7:14 am
Minn. (ii.. Paul Exp b 7:16 am
Mlnn.-bt. Paul Ltd a!:0pm a T 15 am
Omaha-Ft Dodge Loo.b 4:1 pm bll:10 am
Wtkuikw
St Louis Ex a :30 pm a :25 am
St. Loul Local (from
Council Bluffs) a 10 an aU:l pra
Siann.'rry uocai t irons
Counuli Bluffs) b 6:00 pm bl0:16 am
Mlasonrl Pacific
K. C. and St L. Ex a :0 am a 7:00 am
K. C. and St. I Ex. (lv. i
Sat. 12 p. m all:16 pm a 6:60 pm
Bt'RLINaTOjf ITA 10TH MA BON
Berllagtost
Leave. Arrive.
Denver and California... a 4:10 pm a I 4i pm
Puget Sound Ex a 4:10 pm a (:10 pm
Black Hill
a 4 .10 pm a 610 pm
Northwest Ex
Nebraska point
Lincoln Fast Mall
Nebraaka Ex
Lincoln Local
Lincoln Local
Schuyler-Plattsmouth
Plattsmouth-Iowa ....
Bellevue-Plattsmouth
Colorado Limited
Chicago Limited
.ail 60 pm a 7:06 am
.a t-M am a (10 pm
,b 1:20 pm al2:li pin
a (:16 am a 410 pm
b k u am
.a 7:26 pm a 7:60 pm
.b 1:06 pm bit 'A am
.a II em a (.60 am
.a!2:80 pm a 2 40 pm
in ii pra a 7:ttj am
a $.26 am all pm
Chicago Fx. -a i 20 pin a $ to p
Chicago Flyer a ( 30 pra a I CO a
m
Iowa Local
St. Louis Ex....
.a (16 am all 30 am
a 4 4 pra all s an
Kansas City and St. Jo. aW 46 pra a 4 46 am
Kanso City and St. Jo. a I 15 am a 4:10 prn
Kansas tity ana tv Jo e t:w pra
Cbleage,
Omaha
Leave. Arrive
Ftoux City Express b 1.00 pm bll 4fi am
Omaha Local e 4:20 pre
'oux City Passenger bt. 20 pro
Twin City Passenger. ... b (:M an
Sioux City Lecal r 1 tt am
F.werson Local b 1.66 pm b t 10 am
Allesoeri Paelfl
Auburn Local b 1:6 pre. bll:3 am
a Ially. b Dally except Sunday, o Sun
day oidy. 4 Lau sauept batitid.
WEBSTER ITA-IITH ft WEBSTER
. Pa at, MlaaeapelU ft
SUPREME COURT SYLLABI
K434. Thompson sssliiMt CIiIckko, t'.ur
Uugton A Uuincy Railroad company. Ap
peal, Frankilu. Reversed and rriiiaiut.-d
wun direction. Letton, J.
1. Ordinary th measure ol damage f.r
the desUuclion of growing crop is trier -value
at the time and plaoe ef destruction,
but in case of a permanent of oerviinlai
crop such alfalfa, th nisur-.of oatn-
age I the (inference between the value
of th land before and after the destruction
of th crop.
L74. let sxalnst Rakow. - Appeal,
Cheyenne. Affirmed, barnea, t. lieeae,
C. J., dissenting.
L Ordiikartly th question a to Whether
a petition contain averments sufficient to
state a cause or acilon, .will not be con
sidered on a challenge to th Jurisdiction
ef the court.
I Hut a her an action la brought against
a defendant In a county other than that
In which he reside, and th Summons,
which is served upon him, 1 dlrevtxd to
nd I served by th sheriff of the county
of his residence, a challenge to the Juris- ,
diction requires the court to examine the
petition In order to ascertain whether the
action I on which can only be maintained
loi the county frota whtcU Wi uininons
was issued.
1 If, upon such examination, tt appears
that th petition la Insufficient to mute
such a cause of action, the tourt is with- .
out Jurisdiction and the objection sho.nd
be sustained.
156t0. Kaclne-Rattley company aKHlnst :
Hansen. Appeal, Cedar. Affirmed. ' '
Celt J.
1. "A condition In the contract of eale
whereby the tifle I to remain in the ven
dor until the full amount of the contract ,
price le paid, 1 void a against purchaser
and Judgment creditor of the vviulee In
actual possession, unless reduced to writ
ing, signed by tahe vendee, and a ropy
thereof filed with the county clerk or
register of deed of the proper county."
John A Sandy against Reed, 77 Neb. 4.U. ,
1. Evidence examined and ret out in the
opinion, held sufficient to sustain the or- '
ai... .. . u . i .. .. j . . . ....
uu, ilia juif biiu JIIUS IIIVIII Ul III ivuiw -
1A636. Clague again Tri Stair Land Coin. i.
pany. Appeal from Scott lllutf county. ,
Affirmed. Root J.
1. A statement In an answer' that If a
contract v. as executed by a rorpoi ation it
I void because ultra vires, la an lm nolon
that the contract was made notwithstand
ing a general denial In another paragraph
of said pleading.
2. A contract for the use of water made)
for a valuable consideration with a cur'
porailon organized for the purpose of sup- '
plying water for Irritating land, that did
not when made contravene the laws ot
policy of the elate, may, a betwwu the
parties or their successor in Interest, bo
enforced, subject to al) reaaojianle regula
tions, provided, that the right ot oiiicr
water user are not thereby unlawfully
curtailed.
1. It a corporation engaged in the buel- '
i men uk supplying individual with water
for th Irrigation of arid or suml-snd lands
unlawfully and arbitrarily prevent the
holder of one of Its water contract from
using water for the Irrigation ot a f:eld
of growing potatie. It 1 liable to th .in
dividual In daman,
4. In such a can the measure of dam
ages I the value to plalnlitf of the us of
said right during the time he is deprived
thereof, and It la not error to instruct th
jury that the ineasur of plaintiff recov
ery 1s th value of the crop at the lime
the water was shut out of said canal, wltli
tiie right to Irrigate It from that time on
to the end of the ittwin, lea th value of
the crop without Ui right to' Irrigate It
from that Uu until the cud of Hie sea
son.' 6. If he court give another tnstruption
le favorable to plaintiffs un (he same
subject. It is error without prejudice to
defendant, especially If It -has requested
practically the same Instruction.
(. In proving damage In such a case
considerable latitude should be given In
the Introduction of evidence and a Judg
ment will not be reversed because the
court refuxed to etrlk out an answer not
entirely resnonslv to an lin.rrnuiitm.v n,i,i
to that extent not competent, where there
is an abundanoe of other competent evi
dence In the record to support the verdlot .
And the only reasonable ground for con
tention upon the en. lie record I the amuunt
of the recovery.
16y0. Young against Rohrbough. Appeal,
Douglas. Affirmed. (eee, C. J.
1 A and B caused a , three-story and
attic building to be constructed. Above
the flrt floor the principal use to which
the building was devoted wa for college
and lodge room purpose. The structure
wa planned with that intention. ThV
leased the third floor for un of an or
ganization compGflrc) of rnan and women
wnicn "neiu it Itnign sessiona once each
week. Th attic floor wa leased for the
purpose of a gymnasium. They afterwards
sold and trannferred the property to th
C. B. company, a corporation. 0e which
they, together with one S. owned the
capital atock. and the three were mad the
directors ' and manugera. At asubseunont
time and while the lodtte wa in scuaion. a
portion uf the plastering fell, striking one
of th lady members and Inflicting an In
Jury from which she died. In a suit ' by
the sdmlnlstrator of her estate for the
damages caused by the injury and her
death, he'd, that In the construction of the
building A. and u. were not the eKente of
the C. B. company; (hat If the Imlldinji wa
improperly constructed and f oimtltuttd a
menace to the lire and limb of those right
fully occupying It, the C. H. company hav
ing ai'fjiuvru me lease ana conunueu tne
use of the bulldlag, wa chargeable with
knowledge of II dangerous condition and
wbild be llabl for th damage resulting
from the Injury, there being no contributory
negllgenoe shows on th part of the de
ceased, 2. At the trial the principal burn was a
to th averment of trie unsafe and faulty
construction ef the building and it con
tinuance In that condition until th Injury
was Inflicted. On thl subject the evidence
was conflicting, th plaintiff contending
that by the use of th fourth or attic floor
a a gymnasium th building wa caused
to vlbrat and ahake. tha floor and celling
to spring up and down and that thereby
th plastering having been Improperly ap
plied to th celling and wall, th plaster
wa caused to fall; while th defense wa
that th building was properly planned,
composed of good material and constructed
In accordance with approved methods.
Held, that these question ot fact were for
the consideration of the Jury.
1. Instructions Bubmitting the - case to
the Jury on tne principle of law above
outlined held properly given.
16696. Nutting agalnat Watson, Wood
Bros, ft Kelly Company. Appeal from Lan
caster. Affirmed. Barnes, J.: Rose, J.,
not sitting.
1. Where th written contract for Hie
sal of a horse, entered Into without fraud
misrepresentation or deceit of any "kind,
contains all of the agreement between the
parties thereto, Including th remedy of
th vendee in ewe the horse should fall
to reach a certain standard a a foal (tet
ter, th eourt ahould not by Implication
extend to him another remedy or make
for the partle another and different con
traot. Where the only remedy provided by
the contract In case of failure I the right
to return the horse and receive another in
hi plao of equal value, the death of the
horse,, without fault on the part of the
vendor, before there I any offer to re
turn nun or demand that he be replaced
by anollier of equal value doe not entitle
the vendee to maintain an action on the
contract for damttge for an Implied breach
of warranty.
Wm. Ilotchki against Keck. Appeal
from Saunders. Affirmed. lear, J.
1. Under th fact stated and d I sen. -d
In the opinion Injunction will not llA to
test tne' right oi rival claimants to the
possesion of a public elective uffloe.
1 The extraordinary writ of Injunction
I on of the last resort of the litigant
and It aid should nut b Invoked unie
it clearly appear there I no adeauata rem.
dy at law.
I. Where the aid of an tnlunetlnn wrtt
I aought to be Invoked to prevent the com
mission of an unlawful act, facts must b
pleaded which affirmatively show the party
against whom tha writ 1 directed iiat
threatened to or Ig about to commit an act
that I unlawful.
Iii707. Th Equitable Land Company
agalnat Allen. Appeal from Perkln. Af
firmed. Root, J.
1. In an action by a junior mortgagee tu
foreclose hi Hen, a senior mortgagee
whoa mortgage I past due Is a proper
party, but If the latter mortgage was
given ia Mcurt in payment of negotiable
promissory notes which were sold and
transferred before the commencement of
said action the transferee will not ordl
narlly be preclude by the foreclosure
from asserting his Hen, In an hid. -pendent
action.
2. If a Junior lienor I not made a party
to the foreclosure of a superior lln, he
may redeem from th decree.
1. If a lienor holds a first and third lien
on real estate, and forecloses without mak
ing tpe holder of an Intermediate lien a
party, the latter, after offering to red-Jem
from the first Hen, may prosecute an ac
tion for foreclosure, making the flrt named
lienor, aa well a th holder of the equity
of redemption, a party, and the court In
said action should settle th right and
priorities of all partlea, and If all partu s
ta Interest are before the court, the first
decree will be merged In the later one, and
a recitation vacating the first decree 111
not be reviewed In this court where it Is
apparent that the partlea therein re r.trt
prejudiced thereby.
Be Want Ad ar buxlub Cvveie-,.
.fir