Springfield Leader and Press from Springfield, Missouri • Page 3

STOBI OF THE OLD or BROw" MASSEr. A 0 Thml Tract at Laad Would lacreass In Value, Vat II Failed to Do So Tha Coart's Declaloa. rA. story of the boom If toM In ths cm it Susan C. Brown against B.

U. Mas which case vu the other day decided by the supreme oourt In tavor of th defendant. The suit was based on the following which waa tinned by B. IfaMisv and Handle Brown "This agreement made and entered Into thin S9th day of November, mi. jy and between Bundle Brown, party of the first Part, ana eni.

u. Masaey, narty of ho second part, wltnesseth That said Brown at at the instance and uggeatlon of the said Msssey ha pur rhaaed nf the McQuIgg heirs, the roi lowing described real estate In Greene county, Missouri, via: The northwest smarter of the northwest quartor of sc. tlon 15, township t9. range 22, for the erics, and aum of R00O. for the pur pose of speculation.

And thla agreement that In consideration that said Masttey heMy guarantee that aald land will yield to aald Brown npt le than the aum of M.000 on or before the expiration of eighteen montha from the date of aald purchase, with aum In ad thereto equal to 10 per cent per annum thereon; he, the aald Rrown aareea that aald 11 a use shall manage, ubdlvlde and aell aald property for such, price or prlcea as may be agreed upon by tha parti's hereto, and upon urn terms aa they may determine. H' the raWl Massey. to receive for his ser vires in so buying said land and In so managing and selling aald property one half of the profits arising from th proceeds nf the eale of said land; that la, one half of the money realtaed from the sale of said land over and above the aald M.00O and the 10 per cent per annum Interest on same to be returned to said' Brown, and over and above all other Itema of expense Incurred In pr. farlng said land for sale, opening streets through same, advertising same for sale, paying tax thereon, sic And In addition to the (4,000 and the Intereat thereon so to be returned to the said Brown, he, the said Brown, I to receive the other one half of the net profits arising from the sale cf said Jand. This agreement executed tn du plicate.

Witness our hands and seals this day and date first above written. "As part of the above contract said itassey had purcnaseu or junn i. brlght strip of land 7 feet wide and rods king, adjoining the 40 acres above mentioned on the south, and deed to aime has been made to said Sandle Brown, for which said Brown has paid ths sum of tOOO. And further, the said Brown has paid the apriug field and Nichols Street Hallway com pany 1750 to Indue said railway com pany to build a street railway to saja tract of land, which said railway Is now built and In operation. Now this Xur "ther agreement by and between aald SJaaeey and Brown Is that said Maasey for ths consideration of receiving on half of the profits of same, as meotllon xi In tha original contract, does herrby guaranty that aald Brown ahall be paid thla aald sum of 1.250.

In addition to the original $4,000. before any profits arising from said lands shall be paid to said Uassey. "The intent and meaning of this agreement la that Brown shall have 10 per cent on the 11.250 Just, aa he la to have 19 per cent on the original xt.WQ. And that this Intereat and principal ahall be paid to him Just as the lnter est and principal of tha $4,000 Is to be paid to blm. Springfield, Septem tx St.

1S8." Alexander Brown died In April, 189S, having given his estate by ble laat will to his wife and children and appointed 1 his wife executrix and children. This suit was prosecuted by his wife. The petition alleges that "plaintiff att tbat said Ban die Brown, de ceased. In all things performed and kept the aald agreement on bis part, and that the aald land did not yield to aald Brown the sum, of money which, by the above agreement, the defendant guaranteed if ahotlM vleld to him. the said testator, nor any part thereof; that on the oontrary, neither the said testator nor this executrix, or any one for him or her, has received from the tract of land first aforesaid any part of ths purchase price thereof, towit: th sum of $4,000, nor Interest on the aald sum, nor did the testator In hi UVkMUC, HVl Ttve has a long way to up to uata young man.

he looks for a wife, vnrli a good deal. Prob Hlw he emecta than he de. serves. He wants good looks, good aenae. UUU a They unually go together.

Aa observing man learns that a woman who is phyicJly weak and nervoaa and in capable, ia likely to be ill natured too. The sweetest temper is ruined by continual sickness. A woman whose nerves sre constantly racked snd dragged by debilitating drains and inflammation, cannot be a genial com anion or happy wife and she ia totally ufitled to be a mother. These troubles prevail slmost universally anions; women largely because of carelessness and neglect There is no real need of them. Dr.

Pierce's Favorite Prescription is a positive speciSc for the weaknesses snd diseases of the feminine organism. It cures them radically and completely. Xt heals, strengthens and purifies. It is the only scientific remedy devised for this special purpose by an educated, skilled physician It is the only medicine tbat nukes motherhood easy and absolutely safe. Miii Lauretta McNce.

of Reno (P. p. Box 713). Wa.no. writes: "1 ha, d.seonliiiued takinx the PTtKnption and will not take more (at prex nt! Last ontk I pal.

at aU a.d worked rrery r'" fcconTcnimce whatewr. it the first time v. H.rini that oenoo. 1 cmnnoi say too mV for medmnouj Py the 'FaTorite Prescnption' and rltat I kno of a taciy who took botHe of your Favorite recnptioo and she U. sot like was with This was her second bahy.

She thinks it (rand saediciae. bo do Dr Pierce has had life time of experi ence'in this particular 6eld Hi looo page illuttrated book, "The People's Common Sense Medical Adviser" contains several ckapters devoted to wnnien's special phy oloxv A paper bound copy will be sent free on receipt of it one cent stamps cost of mailing only. Address. or Dis narv Medical Association, Buffalo. N.

Y. i jr a cloth Uojid copy send jt stamps. f' VMual irOND'AY THE lEXDEI DEMOCRAT, SPEINOFIEtD, MOU.lKOfCn 291 PROPE1S0R J. M. MOHYOg.

Munyon's Improved Homoeopathic Remedies aot almost instantly, speedily curing the most obstinate cases. Munyon's Hreumatlsm Cure seldom falls to relieve tn one to three hours, and cures In a few day Price 25 cents. Munyon's Dyspepsia Cure positively cures all rorms of Indigestion and atom, ach trouble. Price 25 cents. Munyon's Cold Cure prevents pneu monla and breaks up a cold In a few hours.

Price 25 cents. Munyon's Cough Cure stops coughs, night sweats, allays soreness, and speedily heals th lungs. Price, 25 cents. Munyon's Kidney Cure speedily cures pains tn the back, loins or groins and all forms of kidney disease. Price 25 cents.

Munyon's Asthma Remedies relieve In minutes and cures permanently. Price, $1, Munyon's Vltallxer, great tonlo and restorer of vital strength to weak peo ple. $1. I'rof. Munyon has a separate euro for ach disease.

At a HI druggists, mostly 5 cents a vial. Personal letters to Prof. Munyon, 1505 Arch street, Philadelphia, an awered with free medical advice for any disease. his death, or anyone for him or her, received from the tract of land laat aforesaid the purchase price thereof, towit: the sum of $300, or any part of It, nor any part of the said $'50 paid to the Springfield and Nichols Street Ball mad company as aforesaid, nor any Interest on either of said sums. The defendant answered that "neither Rrown, nor anyone for him, had, with In the time mentioned In the contract sued on, elected to have the defendant purchase the land In question;" also, that since the expiration of the elgh teen months mentioned therein th said land has depreciated In Value at l''9t 50 per cent, so that It would be Inequl table and unjust to require the dWend ant to take the same at Its present value." The court's opinion Is written by Judite Gantt and Is quite lengthy.

The gist of the decision Is this: The eighteen months under the con. tract expired May 27, 1S90. Mr. Brown died In April, 1S9S. This action for spe.

elflo performance waa commenced In December, ISM. Mr. Brown did not. within the eighteen months, elect to have Maaaey make good his warranty or guaranty. Masaey had been offered $8,000 for the land.

He rejected It anil told Brown about It and the latter ap proved his decision. Both were hopeful of realising large profits. Both were behaving honorably and leniently with each other. In June, ISM. over wo years after the eighteen months bad expired, no formal demand had been made that Massey should assume the debt and take the land.

In the meantime the value of the land 'was steadily decreasing. Thla action wa brought thrwe years and a half after the maturity of the contract A decree fur specific performance of a contract for the sale of real estate does not go as a matter of course, because there Is a binding legal contract between the par ties, but It Is granted or withheld ao pnrrltnr the eoultv of the caee, In view of the facts, In a coun try like ours and about the time this agreement was made, when were fluctuating and apeculation was rife. It would be most Inequitable to permit parties to lie by and speculate on their own There Is nothing that reflects In the most remote degree upon the absolute Integrity of Mr. Brown, and without doing so It Is plain that this land was bought by him as it speculation. It le perfectly apparent that both he and Masaey thought they had a good Invest ment.

After the eighteen nontns naa elapsed had this property advanced In value, even up to the bringing this action. Brown or his devisees were In condition to avail themselves of sucb appreciation. They were, in fact, wait ing to the outcome. The property having greatly declined they ought not complain If a chancellor remits thorn their remedy at law. Whatever tne purpose of this delay IU effect Is the same.

There is no waiver or excuse for delay pleaded. In the meantime conditions have so changed that the cir cuit court adjudged it Inequitable to enforce the option by speolflc.perform nce. and we think it was right. Had Mr. Brown promptly elected to have Maasey make good his guaranty, Mas sey might have then disposed of the land with small loss; as It Is now It has depreciated one half at least In value." THE CHANGE) IIMMPORTAJIT.

Memphis Roate Division Removal Is Not Probable. Th xhans contemDlated by the offi cials of the Memphis route In reference to removing the local division rrom Springfield to Thayer, has not yet ma tariaiiierL Although the officials of the road will not talk about the change It Is now known that little importance is attached to It for should the shift be made It would only affect those in the division superintendent's office, half a doxen men at most. It Is now known that the officials do not Intend to make any change which would require the removal of any trainmen rrom this city, though the proposition to remove the division superintendent's office Is still being considered. J. H.

ALORICH IS OrT. The Paraaaster of the Memphis Rail wy System Resigns. TT Aldrtrh. who has been cashier and paymaster of the entire Memphis railway system, with neaa uarters In Kansas City, has resigned. Cyrus Oaraney, assistant comp troller of the system, was appointed tern porarlly today to the position or nr anrl The Dermanent ca? su ceessor to Mr.

AWrich will be named In a few days Mr. naa oeen Ith the road In various capacities for 20 years. TIMBER STEALING CASES. PROMINENT FEATI HE THE COMING TERM OF COIRT. Taney County Has Bees Surveyed By the Government AstsIb A St.

Loals Gaag Baeklast the Thieves Exposure. 1 i. United States Marshal Crenshaw haa received from the treasury departmtnt the funds necessary to pay the expenses of the term of federal court that opens at St Joseph today. II has everything In readiness for' opening court on time. Following the court at St.

Joseph, which will occupy most of the coming week, court will toe held at Springfield one week from today. The work at Springfield and Jefferson City will be quite heavy, owing to' the Investigation of the stealing of government timber that has been carried on so boldly during the past season. It Is the purpose of the government to take up that question and see who the parties are that have planned the wholesale stealing and profited by the enormous quantities that have been cut during the Special Land C. A. N.

Schlerhola has been detailed that work, and Is weH advanced with Investigations. 'He has spent several weeks down th Taney county, where most of the stealing of the winter, has been done, and while In the city yesterday said that he had round more than $30,000 worth of cedar timber cut. Whole sections of land had been stripped of every valuable tree and the logs floated down the river Into Arkansas, where they have been sawed and the timber sold. Rafts have been captured, and more than $10,000 worth of timber Is now under attachment In the rafts along the rivers where It was found before the waters carried It on Its way out of the Jurisdiction of the court. There ar? about a dozen people un der arrest for the cutting, but they are not the ones whom the government wants, although they will be prosecuted for the parts they took In the thefts and frauds.

The government wants to get hold of the sawlog statesmen who have hired the cuttera and profited from the thefts. It haa been ascertained (hat most of the men were nrrea oy at. iouis people, and It la the belief that a little Inves tigation will establish the existence of an organised gang of timber dealers In that city who have grown rich by steal ing government logs. The official government survey of Taney county was done in a bungling manner, and the records, show, many glaring errors, such as sections number ed out of order and placed In Irregular position, and that technicality has been used to aid the defeat of the government to prove cutting done on tracts of government land. Recently a new sur vy has been made of the entire coun.

ty, and the exact situation shown by the survey made by properly aocredlted government will be In the hands of the prosecutor when the malefactors are arraigned. Mr. Jennings arrived In the city last night over the Memphis from Newport and left today for his home In Taney county. Mr. Jennings waa appointed by the marshal to tak he logs recently sold to Newport.

He rafted them down the White river and It required 21 day. He had much difficulty with high waters. Shipping at Hamburg amounted to $, 25.W0 tons In 1895, while Liverpool has only 5,965,959 tons to Its credit for the same year. Ia 10 years Liverpool's shipping has Increased about 40 per cent, while Hamburg's shows an in crease of about "0 per cent. A Michigan roan has patented a pump by which the water Is raised automatically when the cattle approach the trough.

i Dr. J. H. MeLEAH'S Liver and KiDfiEY BALL! CURES 1 BrightV Disease Diabetes Female Diseases Bladder Troubles Urinary Disorders Calculus or Gravel Boils and; Carbuncles Gall Stones Rheumatism Torpid Liver Irregular Menses Jaundice Backache AH who have used it say it a "The Peerless Remedy" for diseases of the Liver, Kidneys "and Urinary Organs Prks $1.00. At All Drag Stern Tfg Da i.

M. McLlAN MgoiClNg Co. T. LOU 18, MO. Some Facts for Suffering; Humanity.

To those suffering from any affliction of NERVOUS SYSTEM, SKIN, BLOOD and URINARY TROUBLES (Both sexes) we can give you the best treatment science hag provided and can guarantee a cure. We treat and cute Kidney end Liver Dlseasei, Seminal Weakness, Gleet, Stricture, Syphilis, Varicocele, Rheumatism, Sciatica, Varicose Veins, Uloers. Bye, Nose, Throat and Lung Troubles and Qatanh a specialty, Consultation guaranteed confidential. Out of town patients treated with, success through correspondence. Letters answered in English and German.

Correspondence confidential. Consultation Free. Satisfaction Guaranteed. The Polypathia Institute Of Medicine, Magnetism, Massage and Eye and liar Inlirmary, Rooms 210. 214 and Ba'dwin Theater, Me.

aiwim fa Waveriey worth for i8p7 is better than ever. Yet, by using the same machinery as last year, which saves the expense of new, and with the increased skill our improved Waverleys sell in 1897 for $60,, All the advantage is. yours. We have ever led in popularizing the bicycle. For very fastidious people, we also make bicycle with new and expensive features marvelous example ol mechanical skill the only bloycle with absolutely true bearings, lis price must be $100.

it cannot be made and SulJ fur less. Catalogue Pre. INDIANA BICYCLE onononononoaoconoDora oasaoa Oa si vT us aj (J bwu LONDON. W. ao Fehrnarv.

iflo T. E8 Mr. James Walker, 0 Springfield, EJ Dear Sir: We have the pleasure to inform yy.i that we ship by the S. S. "Umbria" of the Cunard Line, tail nj to JJ day, your esteemed order to our Mr.

White, and herewith 7 baud you invoice of the same. Yours obediently, CI DOJRMBUIL FRBRES. CD The above invoice has arrived and is now open for inspection. E2 Every garment will lie made under guar CU antee of iincst workmanship. EJ OCOQODOa OflOKOBOQ GQOQOaOQtt North Side Square, If you contemplate decorating your home', now is the time, I'll do it quick and just to suit you.

3 Painting, Papering, Kalsomining Glazing! at prices to fit the purse. If you only have a little money come to me, and I'll see it does the job. C. H. PATTERSON, 155 North Slds Public Square.

FLOWER Henderson's SPRINGFIELD SEED (Saeeeuor J. W. MoKe. i 'v Indianapolis, Ind. of Suiliiiss for Spring ft iL Lawn Grass.

STORE 3,3 VfMiii.iVIU, VI M'haUsaia mm KtalL VVrisley's. Soap RUSSELL FRISBY U'JIfii. i ecora i.A; Trial. 2:11 ivuonru, eilium by Norman Mwlluin. etc.

Hi a natural pacr and his reoord Z'1 no meaaura of bis spwd as ha had KOiie. milen In 8:12. Toio ioivii (Thorouithbred). sire "Tea nrnf.lc rinm Vtv TnifIUw. Peairres reoorjed In Bruc American Bleed boon vol.

6, pk 343. a royally bi4 horn and a wnmlcrfai breeder. black wilkk, a son of Km iinsr on, dam Qurralda by Iattfhen Mem brlno, Is a rmtural trottiir with size, speed and Amah and coaslaortcl the handsomest, horse In Oreene county. CAUPt'S CHINia, saddle stulllon. rK tstered N.

1087 la, a beautiful by natural RalteU 'with fiq action. tyla and saddle stallion. reRlsterrd No. 34. un of ths best bred saddles In the state naa aitefeoone ana notion.

Terms. Kussell Frlsby. by Insurance. I ..1 Blft'k Wilkes, by Insuranos. :0.

Cadmus Chief, by Insurance. J15 "Fancv." bv lnsuranoo. U. Tkiu hnraea will mako the season. 1S97.

at the old Westmoreland stable, Olive street. Snrlnrftrld Mo, TEETH Without Plaiet. IATIL APRIL 1 All Kllllnsa, HtfH Ciolilt UAe. EXTII AI'TIXIS, SKTS TICKTIl. f.1, JIT, and fM.

WOI.U KILLIMiS, SI p. A IX WOIIK (.1 AI1AN1 Vo rharan for eatrni'tlnit nUrn plutex arc ordered. LADY la ntlendnnce. UK. iniNaCK 2TJ IIOOXVILI.R STItKKT.

Over Flnk'a Dru Storr, omioslto Ilver'a I), li, Co. Restored VitaJity Alrays 'ollnws ll use it llioeclrbrntcd French JU'inecly, UK. I'ASTKUll'S REVIVO AfTS powrrfiillv and miU'klr, an cures when nil otlii rs cpmcm alisalthyillBiwtloii. nir. rich llntl ul I.

It. bk. I'larnra. rlv m.rvi'H mill 1 U.ar i.t Iipn will regain tlH'lr lrwt iiiiinluxiil. lunl nlil m.

ii will rotvirer tlxilr youthful vlin' by iiniiio ji quicuiy mid surety ri'morin iNisrvniiMn iin. I.it VlUUtV. llllllOtl'llCV. MjlltlV KllliStkms. Kliiln ir Memory.

Ltwt Mst aws, nil eirvu ol aell aliiiseor oxcms mill lmliM'trtlon. In cU'ri, sex. imlittlue nnoforsliuly, hnsineMH or niakoHtlioiiiuuHtiil puuy iliuiiiniiil5trotnr. ttni ouly curfN bv startlnc ut hut i Remit Nsrvt Taslc as4 Blood Builder, brlnelii (he plsk flaw to oak cbtek and rMlnrlnff the fire of yonlti. ii wnrn oti iiHtiimy nn.t inii.iiiuiiiipn iiimi i tltadanBorousdraiiis iion mit sviiim, ii noool dM.

lnNt on lnvltii HfTVIVO, r. KuHllvciirrlml in vei" DfH.ktrt. mini, tj.un 14 packaiA); or lx (or tr'i it nuiiiti vrii ten onaranU to nit' urrrfmnl the W1I10 (or (rea Metllnil Jl. in 11 11 il, Jorcotwilt itlwi. Royal r.

aoo ix ii. iu t. illCUIUUC CHltAtiO For Pale nt 8prlnBflrld, by 1. V. Crank and Model Tru Store.

Save Pain! Save Money One meek more mil Attrtl I In Mi'i'tirt heuiitirnl act tf TH ili, (tr irunrnMl' cil etnnl to at set, for V7 If ynur Terlli do ool III, ivo cmh muke them for siiinll cot to oo. (iold Crowns (rry beal). nil Teeth eslmeled Ma FillloK "Vlo uj, VITAU7.F.O AIH AHMIM AVork aaninnlei'il. Open till 11. in National Dental Parlors nr.Rjwdybush n4 Svllei Ass sfanls In Thcnlrr.

I Floor TitliO UWf UI.WOO 1'OISON pOrmfiiiPiyf uredln.sVtolrfcdAy.i, Yoiiciinboernur.i iowt'iTuw prko trndf ruui ty. iryonpreror TrHwiiicntj InicttoDar rntlroiUT frupfiml boiolbiil.t i a we fall lutmro. Kjqm Ure utkeu mercury, iodide pnt.iHli anil uttl! bnrn tmht nml Sains, Muooui I'nth in mouth. Horn rdrnttt, 'liuplos, Coipr olorel KHitf, I Iro tt ur body, Hulr or J' robi ow rlHnx nt. It Ii thl hLOOO I'OJ' Dronle to euro.

Wo tolled Uia mom ouritW chc mnC chHlentT td worlt fr tant wfjannnteuri. 'J hl dtrnw aUnyg bttUlMt tbwaikill oft lift ruoflt phynl CimisV. caj.itaU bohtn1 uur ur.mili IrounlffHtrwilT. AbsulutMnruoUriefM'nird l)pplitrittH)n. idrlrrn C'OUtX Jt Kl) A I XI AnJ your rnlll 1 rooms while la wrsw tn bor is cheap.

Yl Youcandoit for 25 per cent less HOI TCP now than when 1 IVJKJtJL the wave of pros SIGHS MINTED pnity jets here: Q'JICK AND R16HT, SEE ARRINGTON ABOUT IT. Black Dick, Race Record, 2UL. AA 111 make the imms ef at ths Ofa Fair (iruaada, Sprlaufleia. Ma. Teraua IS tor tha seaaoai fUO laiirt.

C. K. DA.XUO. ni'Uw ciirt ww.1 trui. I pills rt A c.

1 i A 1 ho Pcrtvimo of TKr rurttT of ho iJv irli'w i l. sf It IX iili 'aUO lii vij 3r Ik IS.