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The Gloversville daily leader. (Gloversville, N.Y.) 1898-1907, December 31, 1903, Image 6

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Persistent link: http://nyshistoricnewspapers.org/lccn/sn87070017/1903-12-31/ed-1/seq-6/


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GLOVliSimVXLLB DAILY LKADBB> THtTimDAY, HU 1008 . FURNITURE. Big R e d u c tion in Prices. Now is the time to make your pur­ chases to get the big bargains. We are cleaning out all goods to make room for our Spring stock. It must go regardless of cost. W.H.LiTiDg8ton 10 W. Fulton St. Telephone call, 2002. The Last. Word about the BLOCK LIGHT will never be said. It is here to stay. Our proof is our sales. A. B. BROWN, 55 W . Fulton St., Gloversville, N. Y. Phone 2076. S i l i m i If not. come and see us right away, for you can't afford to be without it. ' We write Fire, Life, Sick and Acci­ dent Insurance In Uie best of compan­ ies at low rates. Steamship tickets on all leading lines and money to loan on bond and mort- Real Estate for sale or to rent. ilOEII n III Fionuoi; fflSE Justice Spencer Denies Motion to Set Aside inpetion Restraining Gif­ ford From Interfering With Work on Warren Farm Justice B. A. Spencer has handed down his decision in the matter of Charles J. Holden against Norman Gif­ ford, in the motion to vacate and set aside an injunction restraining the de­ fendant from interfering with the plain­ tiff from removing the logs on the Wil­ liam Warren farm north of this city. The details of the trouble leading up to this action will be remembered as the matter has been aired in the lower courts by Gifford causing the arrest of Holden’s men and the men of Holden in return bringing action against Gifford. A synopsis of the affair is to the ef­ fect that Gifford is a tenant on the farm above mentioned, and upon the place there is considerable timber which was sold to Holden. The tenant and the owner of the farm do not seem to agree as to the arrangement that was made as to the removal of the same, but nevertheless it was sold to the local lumber dealer and a force of men were put at woi’k to fell the trees and re­ move them to the mill in this city. Gif­ ford claimed that the men were destroy­ ing his property by breaking down fences and that they bad no right to cross the lands without his consent. Holden, however, claimed that he was not trespassing as he had secured the right to remove his property, which was disputed by Gifford, and the log­ ging business on the farm was carried on in a strenuous manner at various times. An action was commenced in justice’s court at Mayfield, in which Gifford claimed that one of Holden’s men rolled a log over him on the skid­ way. This was followed by an action i brought by one of Holden’s men, who alleged that Gifford had assaulted him. i An order was afterwards granted to Holden, restraining Gifford or any of j his help from interfering with Holden and his men removing the logs, and re­ cently a motion was made on behalf of Gifford to have the order set aside, which is now denied. Justice Spencer’s decision follows: be ntlealud by nt loniit ojio wUneSB, or, It not HO nttratort, it doeo not tako effect (iH tigalnot a nulmfuiiiont imrchasor or Imunnlirancor until bo acItnowIodKotl, Tbn contmet In duestlon wna nolthcr acknowlwlKcrt or attested by a witness at the time of its execution and deliv­ ery t and if It falls within the terms of the statute referred to. It may not bo binding upon tlw defendant. The plain­ tiff, however, shows that subsequent to the difllculty which arose Ijetween lilm- solf and the dcL'endant, concerning the removal of the logs, tho contract was acknowledged by the owner and re­ corded; but whether such acknowledge­ ment made subsequent to its execution and delivery, and under the peculiar premises. By terms it must be construed to convey to the plaintiff, not only the timber stand­ ing and growing upon the farm, but also the right to enter upon the farm and to cut and remove the timber. This right so sought to ba conveyed was clearly inconsistent with ■ t i e rights granted to the defendant under the terms of his lease with the owner. Sec. 23 of the real property law de­ fines what shall be regarded as free­ hold estates. It read as follows: \Es­ tates of inheritance and for life, shall continue to -be termed estates of free­ hold; estates for years are-chattels real; and estates at will or by sufferance, continue to be chattel interests, but not liable to such sale on execution.” ^ The contract in question provides as follows: “The logs may he cut in one or two years at the option of the buy­ er.” These words were clearly intend­ ed to limit the time within which the plaintiff should cut the logs. Nothing, however, is said as to the time within which he should remove the same. After being severed from the soil, the trees became personal property and under the implication-of the contract, the owner tindoubte’dly coiild require their removal within a reasonable time. I think, therefore, the contract does not constitute a conveyance of a freehold estate, there.being no estate of inheri­ tance and nothing to Indicate an estate for life within the terms of Sec. 23 of the real property law. The. contention of the plaintiff seems to be reasonably clear and will justify tbe continuance of the injunction. The motion is therefore denied, costs, •, too abidebide thehe event. however, t a t rdered accordingly. MUDDLE & MUDDLE, 'Pone 2181. 9 South Main St. Successors to D. H. Tarr. HAM AND BACON § reasonably clear. I think the injunction herein is am­ ply justified by tbe facts. The defend­ ant is a farm tenant. The plaintiff, during the tenancy, purchased of the owner certain standing timber growing upon the farm. He thereafter felled the trees and out them into logs. The 1 defendant sought by physical means to prevent their removal. of j the peace resulted. The injunction was I granted to restrain further interference. I The defendant as tenant took no title I to the trees. The only possible inva- I Sion of his rights which may result will I be by entry upon the premises for the I purpose of removing the logs. No seri- i ous injury can result therefrom and j whatever injury may result may be ' compensated in damages. On such facts, I the injunction should he continued if for no other reason than to prevent breaches of the peace threatened by tho defendant. We are, therefore,on this motion con­ cerned only as to the plaintiff’s rights under the law, the defendant contend­ ing that the plaintiff’s contract with tho I owner was for the conveyance of a free­ hold estate and in order- to he effectual I as to him should have been aelmowl- ! edged or attested by at least one wit- ’ ness, and cites Sec. 208 of the real prop­ erty law in support of such contention. I Sec. 208 of the real property lav/ pro­ vides, that a .grant of a freehold estate must be subscribed by the person from ! whom the ostat.e or interest conveyed is i intended to pass, or by his lav/ful agent, I and if not duly acknowledged before its delivery,its e.xecution and delivery,must Funeral Services. The funeral service over the remains of Harriet P. Leversee was held from h a: late home. No. 43 Smith avenue, yesterday afternoon at 2 o’clock, and was largely attended. Rev. W. E. Park, assisted by Rev. T. G.. Thomp­ son, D. D., c'Dnducted the service. A large number of beautiful floral trib­ utes'were presented,conspicuous among which was a large wreath, from the employees of Geo. W. Mandrill, flat bouquet of carnations and ferns from the Misses McMartin-of Albany, large floral pillow with word “Mother,” froiii daughter; Mrs. Whittonbeck. The, bear* ers were Bert Andrews, Dahlei Cole, Watson Hewett and John Mishler. At the conclusion of the service the re­ mains were taken to Prospect Hill and placed in the vault. Yesterday afternoon at 3:30 at the home of his father. No. 8 Mill street, was held the funeral service over the remains of Frank Skiff, the hpuse be­ ing filled with sorrowing relatf|es anct- friends. The service was conducted, by Rev. T. G. Thompson, D. D,-A choice collection of beautiful floral tribute.^ covered the casket. A large pillow with the word “Brother” stood at the head of the casket. The bearers were Fred Robinson, Prank Prime, Jay Shutts and Walter Skiff. The remains were laid at rest in the vault in Prospect Hill ceme- LOCAL BRIEFS. Burdick’s orchestra of this city fur­ nished music for the dancing-club at Northville last evening. Henry E. Burdick left this morning on a business trip to New York. Mr. and Mrs. Bowcott gave a recep­ tion and card party to a number of their friends last evening. Auaong the guests wei'e the well knov/n musical ar­ tists, MisS Ida Burdick, Miss Louise Mount, Arthur Russell aud Harry Ed- the evening. II 3 qts. Sauer Kraut........................... . .25 4 lbs. Crackers ............................... ..25 4 lbs. Ginger S n a p s .. ............................ 25 7 lbs. Oat F la k e s ...... .. .25 3 Cans Peas .............. 25 3 Cans Tom atoes .................. 25 3 Cans' Pumpkin- 25 3 Cans Pork and B e a n s ...... 25 Maple Syrup, qt. b o t t le ........................ 19 Extra nice Popcorn, hulled, p er lb, .07 V There’s a Nice Piece of Ham for You! as anyone can see in a day’s walk. This butcher shop is weP known and deservedly popular on account of its excellent smoked aPd ^dried meats— hams, bacons, etc. Try our Tomato Sausage for Saturday. Nev.' Year’s day mat. at the Darling. Matinee to-morrow, “Scout’s Revenge.” JANUARY, 4, 1904. New term opens at the business school and if you want a seat you must apply a t once, as the rooms ai’e about filled. .,We ave?greatly in need of young men who have a good English founda­ tion. We need them for our shorthand department. We are unable to meet the demands made to us for male sten­ ographers. Every young man and young woman needs a business education, and now is leudid ti Matinee to-morrow, “Scout’s Revenge.” 1.8. iipii, 6 Church Street* CHIROPODY. Mile Julie Dubois will be with Miss ' Turner, Saturday, January 2. I Matinee to-morrow, “Scout’s Revenge.” FURS! C loth G a rm e n ts F u r Lined are th e m o s t up-to-date articles w o rn. Redying, R e p a iring and F u r r iers m a terials a s p eci­ ality, F . J . S T E E N B U R G , Bfo. 32 South M a in St. G loversville, N. Y. WABASH RAILROAD. On and after October IS, the Wabash r.ailroad will’ inaugurate through Pull­ man service (1st class) Chicago to Gal­ veston, Tex., leaving daily 11:03 a. m., arriving St. Louis 7:03 p. m. The route from SL Louis will be the St. L., t. M. & S. R. R. to Texa.>-kana, Texas & Pacific to Longview, International & Great Northern R. R. to Galveston. Pull information, reservations secured. See nearest ticket agent or address: R. P. Kelley, general agent, or James Gass, N. Y. S. P. A. Wabash railroad, 287 Main street, Buffalo. N. Y. Matinee to-morrow, “Scout’sRevenge.” For all the news read The Leader. COLLEGE IN SHERIFF’S HANDS. Buildings of University* of Southern Pennsylvania to Be Sold. ALTOONA, Pa., Dec. 31.—The Uni­ versity of Southern Pennsylvania, at Martinsburg, of which Dr.B. J. Gwynne is president, has passed into the hands ----- ’“ Beegeon execute ------ ------ - ------ ...11 be pusL ___ It was announced by' .the university last summer that C. M. Schwab had given it an endo-^ent and that he would continue to aid it, ,bqt nothing came of the report.' The sale of the property has been set. for January 2. The college is being reorganised on a now basis as the Keystone College, and the new managers will likely buy property in. KEYSTONE HOTEL. No matter how protracted the r-trike, its table and bar will not be depleted from choice supplies, and every nation is welcome except Carrie. A. A. LYKBR, Prop. New Year’s day mat. at the Darling. Use Leader want ads. Matinee to-morrow, “Scout’s Revenge.” New Year’s day mat. at the Darling. New Year’s day mat. at the Darling. RHEUMATISM CURED IN A DAY. Mystic Cure for Rheumatism and Neuralgia cured in 1 to 3 days. Its action upon the system is remarkable and mysterious. It removes at once the cause and the disease immediate­ ly disappears. The first dose greatly New Year’s day mat. at the Darling. Matinee to-morrow, “Scout’s Revenge.” CHRISTflAS Slippers, Over- shoes and Leggins at CUT PRICES. Ladies’ Felt Slippers, Misses $1.00 Slippers, Ladies’ $1.00 Slippers, rien’s Slippers, : Men’s $2.00 Slippers, Boys* Slippers, : Childs’ gOc Slippers, Ladies’ Overgaiters, Men’s Overgaiters, rien’is $1.50 Buckle Arctics, Ladies’ $ 1.00 Overshoes, : : : : : . *• : : : : J : : ; : : : : : * ; : : 45cts, 6pcts. 79cts. 45cts. $1.25. 45cts, 75cts. 25cts. 50cts. $ 1.29. Zpets. Bogart, 25 N. Main St., Cor. Church St. J.J.&P.K. Malone, CASH GR.OCERS. ISSBIeeckerSt. ’Pkone2416 PIPES , afe HALF PRICE. A few of many sorLs. Some with gold and silver mountings, attractively cased (genuine briar ' of course) S. D. Griffin 99 w e st Fulton Street. 'Phone 2325. NO GROUNDS After 15 years’ experience selling cof­ fee in Gloversville, we feel safe in say­ ing there is more “White Rose” used in this city than any other one brand, ‘ is steadily increasing Smith Kloss, GROCERS, - 15 W. Fulton St. Telephone 2252. Goldfish and Supplies, 25c W ill b u y tw o of V a n A u k e n ’s c e l e b r a t e d Porous P lasters, or tw o boxes of V a n A u k e n ’s S tom a c h aiid Liver P ills o r a P l a s ­ te r a n d box o f Pills, 17 N. Main St. VAN AUKEN’S DRUG STO R E , NOW FOR The New Year You Will need BLANK BOOKS We have them of every description from a penny Pass Book to a 1000 page Ledger. Together With OFFICE SUPPLIES of every description. Our store is the acknowledged Headquarters for Blank Books and Stationery, and we carry the largest and most complete line. Come and see the 600 page full bound Ledgers and Journals we are selling for ^ ^ Q Q That is but one of the Bargafps we are offering. Cowles & Gasler, Gioveirsville, Y. , Carpets. Wall Paper. QLONINa & COLONS,; 27 North Main Street. Qlen ’Phone 2112. OloversyiMe, N. V. 1 Curtains. Linoleum (Sb Oil Cloth.' W E are open for Business T U E S D A Y , T H U R S D A Y and S A T U R D A Y EVENINGS-'' iBe year ’round. We sell “Gold Seal” Rubbers and Overshoes. PEAKE & LEVI, -U o liday • a A, Slippers. n o t buy a pai* fo r y o u r friend’s C h r is tm a s P r e s e n t ? E v e ry k in d is h e r e for M en, W o m e n a n d C h ildren. P rices a re r ig h t too. J. H. WALLACE, » Get C o m fortable by U sing a G A S H E A T I N G ST O V E to tak e th e c h ill off w h e n th e fu r n a c e fails to give en o u g h th c a t. C lean, in s tan tan e o u s , effective. C a ll and ex a m in e for yourself. A GAS PO R T A B L E LA M P is th e article for a good lig h t, a n d a lig h t t h a t is appreciated by' readers. J u s t th e article f o r t h a t C h r is tm a s present. C a ll a n d look ^ihem over. Fulton Co. Gas & Electric Co. OFFICE, NO. 76 EAST FULTON STREET. ' Dinner Sets. O u r great N e w Y e a r U in n e r w a r e Sale w i l l no t fail to a ttra c t th e a tten tio n of econom ical houss** keepers w h o are d e s ir o u s of adding attractiveness to th e feast by a fin e ly appointed table-*»-and at a n o m in a l c ost. T i l l N e w Y e a r m o rn in g or w h ile they la s t w e w ill offer 112 piece D e corated D inner Sets a t th e follow ing c u t prices. $7.98 sets n o w ......... . ..................... §6.98 ~ | | ___ | | $10.00 sets 1 S14.‘00 $16.00 sets $18.00 sets $19.00 sets $20.00 sets ,..$ 10.00 ,..$11.50 ,,.$12.00 ,..$12.50 ,..$13.50 $23.00 sets $24.00 sets $25i00 sets $40.00 sets $42.00 $50.00 . $19.00 . $21.00 . $21.50 . $35.00 . $37.00 A. H. Avery, Son <Sb Co., Crockery Store, 7 S> M a in S t - Phone 2046

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