xt7zcr5n9h92 https://exploreuk.uky.edu/dips/xt7zcr5n9h92/data/mets.xml Lexington, Kentucky University of Kentucky 19171118 minutes English University of Kentucky Contact the Special Collections Research Center for information regarding rights and use of this collection. Minutes of the University of Kentucky Board of Trustees Minutes of the University of Kentucky Board of Trustees, 1917-11-jul18-ec. text Minutes of the University of Kentucky Board of Trustees, 1917-11-jul18-ec. 1917 2011 true xt7zcr5n9h92 section xt7zcr5n9h92 

                    July 18, 1917.

     The Executive Committee of the Board of Trustees met on
the above named date in regular session with Chairman Nichols,
Messrs. Stoll, McKee, Johnston, Doctor Marks, and Mr. Terrell
pre sent.

     The regular order of business was taken up.

     Doctor Marks and P. P. Johnston, Jr., on the call of
report of committees, reported that they, as committee on
examinAti6n of Mulligan property, had no report to make,
deeming it wise not to make the examination in question until
the report of attorneys examining the title to the property
had been finally made to the Executive Committee. They there-
fore, asked for further time.

     With reference to recommendation made by Dean Miller of
the College of Arts and Science that Professor C. P. Weaver
be given a leave of absence for one year with $1000 of his
salary, in order thrt he might take a Ph.D. degree in anhther
University, Mr. Stoll made the following motion:

     That a leave of absence as recommended by Dean Miller for
Professor C. P. Weaver be granted upon the following conditions:

     First--The University to pay him $1000 for the year, as
other salaries are paid unless prevented from so doing.

     Second--That the University shall have the right up to
July 1, 1918 to require Professor Weaver to return to the
University, but unles8 the said Professor Weaver is so noti-
fled, his services not to be required. Duly seconded, this
motion was adopted by unanimous vote.

     Dean Miller of the Oollee of Arts and Scienoe submitted
the following communication:

                                 July 16, 1917.

To the Executive Committee,

Gentl eman: -
     Mr. Leslie Burgevin is the choice of Professor Dantzler
for the successor to Mr. Bradley, Instructor in English. I
concur in this choice and recommend that he succeed, Mr.
Bradley who was called to the colors from South Carolina,
where he was a member of the Nr-tional Guard before he came
to University of Kentucky.


     In order that you may be free to make the best choice
possible of a successor to me as Dean of the College of Arts
and Science, I herewith authorize you to consider my applica-
tion for leave of absence for one year changed to request for
indefinite leave of absence.  In doing this I desire to em-
phasize in the strongest possible manner the importance of
placing the Deanship of this College on an equal footing with
those of the other Colleges of the Instituttion. Why should
trnis office in the College of Arts and Science alone be con-
sidered merely a $100 or a $150 adjunct to some one deuartment.

     In surrendering the deanship may I be permitted to observe
that the College of Arts and Science has eteadily maintained
the lead in size of faculty and number of students, desoite the
fact that at times without reasons justified by subsequent
events, departments were taken increasing amount of time and
thought to the supervision of the Colleg-e only be taking from
that which would otherwise have been devoted to the expansion
of the Department of Geology.

     While continuing to do a large amount of class room
teaching, I have had to withdraw classes formerly offered,
and decline to add others which shoald be given in an institu.-
tion of this size, to meet the needs of Ncurses in other Denart-
ments and Colleges.

-  In other State Universities of this cize the Department
of Geology numbers several instructors. This Department in
the University of Kentucky has not expanded over what it was
when I took charge 25 years ago.  It is still a one Professor

     Should this policy be continued of attaching the deanship
to some Department the head of which is already overloaded
with class room teaching one of two things will result, either
the Department or the College will suffer.  It is possible
both may suffer.  It should be Patent to you that one reason
the head of the College of Mechanical Engineering- a smaller
College than that of Arts and Science- has achieved such a
marked success in organization, is that he has been relieved
entirely, or for the most part of teaching duties of the or-
dinary clans room recitation kind.

     Whoever is chosen as Dean of a College should be a teach-
er it Is true and should have proven it by previous success
In the class room but should also have demonstrated capacity
for constructive leadership along certain broader educational
lines. In no other College perhaps, is a broader vision de-
manded of its head than in that which includes such a wide
range of subjects as can be brought under the terms Science
and Art. The dean of this College should possess this breadth


of vision. He should also if possible be one who can in-
struct and inspire by written and snoken address.   In other
words he should be much in demand as a public speaker. The
retiring incumbent has not possessed by any member of his

     Should the University at any future time desire my ser-
vices, and the situation should be such that I could consider
returning to it, as it now appears to me, I should wish to
return only as teacher of Geology.         4

                          Respectfully submitted,

                               Arthur M. Miller.

     On representation by Dean Miller to the Board that what
he meant by the term "indefinite leave of absence" in the
foregoing communication, was that it was equal to his re-
signation of the deanship of the College of Arts and Science,
Mr. Stoll moved that Dean Miller's request for indefinite
leave of absence be granted.   Duly seconded, this motion was
adopted by unanimous vote.

     The following resolution was then unanimously adopted:

     Resolved that upon the retirement of Dean Arthur M.
Miller from the College of Arts and Science to enter an-
other field of work, this Board desires to place upon record
its anpreciation, and with that the appreciation of the
University of the eminent service rendered to this Institu-
tion throughout the quarter of a century that Dean Miller
has been associated with it.   In all the capaoities In which
he has served, and they have been many, that service has been
rendered with an eye single to duty, and the nurpose to serve
best the interests of the University, and enhance the welfare
of the young citizenship of the State.   Combining eminent and
impressive scholarship with pronounced consecation of pur-
pose and moral rectitude equalled by few and surpassed by
none, Professor Miller has Justly won, and will always retain
the profound respect of this Board, and the admiration of all
those who have had the good fortune to come in contact with
him either in his private life, or in the course of the
scholastic service.

     With reference to the recommendation made by Dean Miller
that Leslie Bergevin be an-,mointed as successor to Professor
Bradley in the Department of En-lish, the Board instructed
Dean Boyd to take up the matter of his appointment and pass
upon it finally.

Mr. Stoll moved that by reason of the retirement of Dean


Miller of the College of Arts and Science, Professor Paul. P.
Boyd, Head of the Department of Mathematics, be made Dean of
the College of Arts and Science, and that as Dean of the said
College, he be empowered to act as chief Executive of the
University in the absence of President Barker, and that he
exercise all powers and perform all duties imposed anon the
President during such absence, but that the said executive
powers hereby conferred shall cease upon the installation of
a regular successor to President Henry S. Barker. Duly
seconded, this motion was adopted by unanimous vote.

     President Barker submitted his monthly report as follows:

                                 July 19, 1917.

The Executive Committee of the
Board of Trustees,
University of Kentucky.

Gentl emen:

     At yct r last meeting you authorised me to decide all
cases corming up under the Resolution of the Board prohibit-
ing outside work by professors and instructors.

     As you know, Mr. Enoch Grehan, who is at the head of
the Depaptment of Journalism, alzo does some work on the
Lexington Herald, mainly paragraphing, as I understand it.
I received a letter from the Herald asking me for a de-
cision as to whether Mr. Grehan carme within the inhibition
of the rule.  I decided that the work Mr. GrehaZ does for
the Herald is not within the spirit of the rule and have so
notified him.

     Professor D. V. Terrell also asked my oninion as to
whether he could take contracts during the summer for mak-
ing roads throughout the State. I am not advised as to
whether he secured any contracts, but I decided to allow
him to try and get them if he could during the sum.-ner.

     Professor Tuttle presented to me in principle a similar
question in regard to analyzing certain things that were
sent to him Professionally. I made the same ruling as to

     Professor Roberts has recommended for appointment in his
Department Miss Mary Snell as stenographer in the Extension
Division of the College of Agriculture at a salary of $60
per month and Miss Callie Morris as stenographer in the Home
Demon strntion work nt $50 per month. I have aporoved these
annointments and the salaries and refer them now to you for
final annroval .


     Professor Roberts also asks permission to combine all
short courses in the College of Agriculture into one short
course, extending from November 1 to March 1. This to in-
clude such work as the Home Economics has to offer for short
courses.  I understand that Miss Sweeney concurs with Pro-
fessor Roberts in the wisdom of the short course proposition
so far as it affects her department. I aerove this pro-
posed action on the Dart of Professor Roberts, subject. of
course, to your final an vroval.

     Professor Roberts has referred to me the question of
charging the regular entrance fee for this short edurse work.
Heretofore he has charged the regular fee for the one year short
course but has never charged anything for hen weeks- course.
He desires ruling from you on that subject.  My own opinion
is that no charge should be made.

     I have a communication from Professor F. _. Tuttle with
regard to Doctor Bedford's salary after he left.  I make
this letter a part of my report and ask for a ruling by you.

                      Tuttle Communication

                                   Lexington, Ky. July 10, 17.

President Henry S. Barker,

Dear Sir:-

     A letter from Dr. M. H. Bedford informs me that he
has received a check for but $75 as the last installment
of his salary for the year 1916-17.

     I feel that Doctor Bedford is entitled to the full
amount of his salary for the reason that he fulfilled his
contract with the University in every respect. As head of
the Department of Chemistry I made no concession whatever
to Doctor Bedford to enable him to leave at an early date.
All his work was completed and all examinations were con-
ducted by him at the regular times appointed by the schedule
committee, and his final grades for the Semesters work were
handed in before he left late Saturday night, May 26.

     I feel it my duty, in justice to Doctor Bedford, to
state that in my opinion, the Business Agent was laboring
under a misapprehension when a portion of the last in-
stallment of his s alary was withheld and to request that
it be paid.

                         Very respectfully,

                               F. E. Tuttle
                               Head of Department.


     (The Board instructed the Secretary to note in this
connection that the Executive Committee had already passed
upon the question raised by Doctor Tuttle, i.e., that all
teachers or instructors retiring before the semester closed
for 1916.47 to go to the defense of the country, should be
paid only for the time served).

     I wrote to Professor R. M. Allen In regard to his
coming back here and received a letter from him which I
now refer to you and make a ra'rt of my report and ask you
to instruct me what I shall say to him.

                    AL N S COMiUN ICATIOR

                              New York City, July 12, 1917.

Dear President Barker:.-

     As stated when in Kentucky, I would prefer to continue
in public work. One p-.rpo se in coming was the experience.
I do not think that a man can successfully keep such a work
as pure food control up to the best results without constant
enlargement of knowledge about trade conditions. My year and
a half here will be of immense value to the work at home,

     My coming deoends upon whether the B3oard wants me. I
understand from youwr letter that they do. It depends further
upon whether the Board are in position to allow me to

     a- Undertake the work again with plans that will put it
fully abreast of work being done elsewhere, and whether they
will allow me to organize or reorganize it on that basis
which will secure the maximum of results towards piroblem
and public.

     b- Develop the educational phases for which there is
widespread need, both towards the trade and the county and
city health officers.

     I would like to stay here until a definite and final
date to be agreed upon for the fall.   I can finish my job
at hand here by then.

     The policy of the new presedent and of the esw dean
of agriculture will necessarily be a factor.   If the Ex-
ecutive Committee feel that I have hnd the experience there
and here to submit plans for the administration of this work,
and feel that such -lans will necessarily fit into the policy
of the new management of the University there is no reason
why the question of a new president and dean should be a
factor in causing the nure food work to be delayed.

     If I come back, it will be as a man, to do a man's job,


in a man' s way, and I would like to meet with the committee
at an early date to go over what I know from eznerience to
be the needs of the future in the pure food work of our

     With oersonal regards,


                                R. M. Allen.

     (President Barker was authorized to communicate further
with Mr. Allen).

     Since writing the above report, Professor Roberts filed
with me a communication affecting the adminictration of his
offices and which I am making a part of this report to you,
submitted the whole matter to your superior wisdom, with
this suggestion- that the t4me has come when something must
be done by this Committee to enable the Dean of the College
of Agriculture to carry into effect your rules and regulations
affecting his Department.

                         Lexington, Ky., July 16, 191?.

President Henry S. Barker,
University of Kentucky,
Lexington, Kentucky.

My dear President Barker:-

     On July 12, 1 received the following notice from Mr.
Geoffrey Morgan, State Agent in the Extension Service?

                          "Eastern State Normal School,
                          Richmond, Ky., July 11, 1917.

To all Agents in Kentucky:

     It affords me great pleasure to inform you that Mr.
M. 0. Hughes, District Agent at Bowling Green, Ky., has
been promoted to the position of Assistant Dlirector of Ex-
tension to take effect immediately.

     This change has been made because of the vast increasing
demands for Mr. Hughes' services from all sections of the
State and also because It is not fair to 7~xtension Demon-
stration Work, as a whole, to comnel so valuable a man as
Mr. Hughes to confine his activities to one small section
of the Ste.   All agents will now have an oppo:tunity to
avail themselves of Mr. aughes' services but I wish to


suggest that you do not ask him to visit you unless you are
certain that you will hpve a large crowd Dresent to hear him
80 that his valued advise and instructions may be heard by
as many farmers as possible."

     With kindest regards, I am,

                       Very truly yours.

                           (Signed) GEOFFREY MORGAN
                                      State Agent."

     The receipt of this letter was the first notice that I
have had of the action. I hnd not received even an intima-
tion from any source that such an action was contemplated.

     I call your attention to section 32 of the report of
the investigating committee.   It seems to me that this act
comes within the purview of this s etion and the responsibi-
lity should be placed.   After the report of the investigating
committee, which was a-.roved by the 3oard of Trustees, I
can not see how such an act can be tolerated.

     That the dean of the College should in this way re-
ceive his first knowledge of an act of this kind is beyond
the limit of administrative endurance.

     I respectfully report this matter to you for your con-
sideration and to be reoorted to the Executive Committee,
as required under section 32 of the report of the investigat-
ing committee,

     Mr. "-nghes is a man for whom I have the highest ad-
miration and respect, and I can not believe that he is in
any sense a p..rt to the act, or that he would have consented
to have the action taken in this manner.   I wish to make it
clear that Mr. Hughes is in no way involved in this issue.
The question at issue is the ignoring of administrative auth-
ority after due warning, and the question of whether the
promotion was in itself desirable does not enter into coi.-
sideration at this time.

                          Yours very truly,

                               George Roberts,
                                 Acting Dean.

      With reference to the foregoing communication affecting
the promotion of Mr. M. 0. Hughes, Mr. Stoll moved that a
committee comnosed of Mr. McKee, as chairman and Doctor Marks


be appointed to investigate the Rughes' promotion and report
to the next meeting of this Bord., or any called meeting that
might be recommended for that purpose. Duly seconded, this
motion was adopted.

     The Secretary was authorized to record in this connection
Section 32 of the report of the Board of Inquiry as referred
to in Dean Robert's comment upon the Hughes' Promotion and
which in words is as follows:

     That the Board of Trustees re-affirm the action of the
Executive Committee instructing the President of the Uni-
versity to notify the Dean of the College of Agriculture,
together with the Director of the Experiment Station and the
Director of the Extension Division of such reaffirmation,
with the further statement t6 the effect that the making by
either director of an appointment, or any expenditures of
funds not already authorized, or the taking of any action
involving questions of policy, without the a-p-oroval in ad-
vance of the Dean of the College of Agriculture, (and until
the Permanent Dean is ap-ointed, these matters must go to
the Acting Dean), will be regarded by this Board as an act
of insubordination and will constitute a proper cause of
dismissal. The President is to be responsible for the prompt
reporting of any such action to the Board.

     I have just received a communication from the Registrar,
Professor E. L. Gillis, asking for ruling as to some of the
boys who left the University to join the army but who did
not finally join. This communtRtion is mnde a part of this
report and respectfully referred to you for final action.

                                   July 18, 1917.

Henry S. Barker, Eseq.,
President University of Kentucky,
Lexington, Ky.

My dear President Barker:-

     I submit the following with the request that you ask
for ruling of the Executive Comi.ittee:

     According to the rulin.g of the Executive Committee a
number of bo ye left the University to join the army, with
the understanding that they would receive full credit for
their semesterIs w work. Should credit be allowed in the fol-
lowing cases:

     First: Students who notified us that they were leaving
the University to join the army, and, so far as we are able
to learn, made no attempt to enlist in military service.


     Second:  Students who offered their services and failed
to pass the physical examination, or passed the examination
and were never called to service.

                         Yours very truly,

                             Ezra L. Gillis, Registrar.

     (The Board voted "No" with reference to paragraph in
the foregoing communication marked "First" and "Yes" with
reference to the paragraph marked "Second").

     At this point the regular order of business was set
aside and President Patterson came before the Board.

     President Patterson said, "In 1889, I think it was, the
Executivs Committee authorized me to install a heating ap-
paratus in the house now occupied by me,   I did so.  The
committee had no money to pay for the work at that time and
I advanced the cost price, $480, which the committee agreed
to return to me whenever I discontinued the heating apparatus.
Vle got along fairly well with this apparatus until recently
when it became intolerable in its inefficiency.   I then had
natural gas put in.   A proposition was made looking toward
the connecting of my house with the general heating system
of the University.   I would be gratified if that could be
done now without unreasonable expense.   But sometning must
be done to make the heating of the house satisfactory for
the forthcoming winter. If the Executive Committee sees
proper to do so, I should be willing to bear a proportion-
ate expense of the fuel cost.   I should be gratified if you
would take steps to remedy this before the cold weather
sets in.

     "The house occupied by me and carriage house are badly
in need of repairs, both inside and outside; in fact, they
have reached such a stage that postponement of repairs will
inure to the disadvantage of these buildings. I spoke to
the Business Agent about it some ten days ago, and he said
he would go over the premises with me. This has not been
done so far. The roadway to my house is also in bad condi-
tion and has not had attention, as I recall it, in twenty
years. I would be gratified if you would appoint a committee
to attend to tlce matters."

     President Patterson retired,

     Action upon President Patterson's requests was deferred
until the next meeting.

The routine business of the meeting was then resumed.


     By order of the Chairman, Frank McKee was added to the
Budget Committee.

     The S cretary was instructed by the Committee to notify
Dean Roberfs of the College of Agriculture to make an analysis
of expenditures set out in the budget for the Experiment
Station.  (Dean Roberts was so notified).

     The Board of Control of Pa~tterson Hall anneared before
the Committee and made the following report:-

     Patterson Hall Balance      $2124.33     Approp. for repairs
     State Approp. balance        ,338.50      667.74- Poer
                                  2462.83      18.50 redecor-
                                    46.23              ating
                                    83.67       50.00  Brower
                                    2.50     445.00  New floor
                                  2595.23    1181.24
         Bills due                 585.38
                                  2009. 87
                                  31181 .24

     Mrs. A. M. Harrison, of the Board of Control, announced
officially that Miss Crane, as formerly unofficially announced,
had been elected Director of Patterson Hall and that she would
take charge of her duties September 1, 1917 with Miss Elizabeth
Pickett as assistant Director.

     Mrs. A. M. Harrison also reported to the Board in detail
what steps had been taken to make repairs at Patterson Hall.
These repairs, Mrs. Harrison stated, consisted of the re-
painting of walls, ceilings and floors of about forty rooms
in the Hall, together with the corridors on second and third
floors; the restoration of the recreation hall used last
year for living apartments for certain of the girl students;
the construction of a hardwood floor in the recreation hall
to take the place of the old torn out and splintered floor
and introduction of additional fire escapes.

     Mrs. Harrison stated to the Board that they desired to
proceed cautiously in the expenditures of funds for repairs
and that it therefore, preferred to re-port to this Committee
its nlans and have them ratified.  The report showed that
there was sufficient money on hand in the funds of Patterson
Hall to meet the expense to be incurred in the making of the
repairs here Indicated.

     Mr. Johnston moved, Mr. Stoll seconding, that the Board
approve the expense account of the Board of Control to meet
repairs outlined in its report. This motion was adopted un-
animously upon call of the roll.


     In the discirssion which followed, it was clearly set out
that the Executive CGmmittee desired that the Patterson Hall
Board should put in a hardwood floor in the recreation hall
as -part of their repairs.

     As a committee to assist in selecting a head . for the
Department of Markets at the Exrperiment Station, Mr. Mcgee
reported that i-fter consultation with Doctor Mutchler and
Dean %oberts, it was their opinion that John Humphrey, assis-
tant in Bureau of Markets at Washington City, was the most
suitable man for the position.  He said that Doctor Roberts
and Doctor Mutchler both agreed with him in the matter of
Mr. Humphrey's qualifications.

     The question, however, growing out of a report adopted
by the Probe Committee requiring degrees for Professors and
teachers, Mr. McKee said had arisen, but on advice of Doctor
Kendric C. Babcock and other instructors to the effect that
as this was a new field of work, the question of degrees held
by the instructor might have to be waived until such progress
had been made as would create opportunity for instructors to
attain degrees in this particular field of instruction. Mr.
McKee said it was the opinion of the committee on selection
that as there were no degreed men in this particular work
at this stage of its development, it would be necessary to
waive requirements of such degree.  Mr. McKee then moved
that John Humphrey be a-9oionted Head of the Department of
Markets in the College of Agriculture with the title of pro-
fessor at a salary of $4000, $3000 to be paid out of Exten-
sion Funds and $1000 out of the funds of the University. Mr.
Stoll seconded the motion and upon the call of roll, it was
adopted by the following vote;  Chairman Nichols, Messrs.
McKee, Stoll, Terrell, Johnston and Doctor Marks voting aye.

     The committee on selection of a commandant, composed of
Messrs. Johnston and Terrell, asked for more time to make
its report.

     Doctor Marks, committee on definition of duties of the
Dean of Women and Board of Control of Patterson Hall, asked
for further time to report,

     The committee on code of rules composed of Messrs.
Jdhnston, and Stoll asked for more time to report.

     The following monthly statement, including financial
report, was submitted by the Business Agent, which was acted
upon section by section as indicated in parentheses in the


Lexington, Ky., July 18, 1917.

To President E. S. Barker and
The Executive Committee,
University of Kentucky.

Gent]l emen: -


     This office has received bill for axpense of Investigating
Committee for $1221.77, in excess of amount appropriated for
purpose of payment. These have not been paid, but are await-
ing the order of this committee.

     (Stoll moved Business Agent be authorized to pay this
     bill and such other exnenses of this investigating
     board as may be nroperly certified. Adopted).

                      ANSFER OF BUSINESS OFFICE

     The work on the new vault is progressing nicely, but it
will be some weeks before it can be used. Mr. Morris, the
accountant, phoned me and said he could not come for the
work until the latter part of this month. I expected to hear
from him again by this date, but have heard nothing further.

     (Report received) ,

                        !_AESON HALL

     The Patterson Hall acount is being carried at the
Fayette National Bank. Shall this be transferred to the
Treasurer of the University?  Doubtless the Board of Control
will report to you the extent and progress of work being
done there.

     (Moved by Mr. Stoll that all finds to the credit
     of Patterson Hall be transferred to the Treasurer
     of the University and that all funds henceforth
     accruing to said acc'vant shall be deposited with
     said treasurer.  Adopted.)


     Thomas Aubrey and P. D. Moore, employees of the Uni-
versity, seem to be the only persons who know the location
on the University grounds of the gas, steam, water and
sewer lines. Professor D. V. Terrell has agreed to make a
map of the grounds showing these lines. This is important,
and I shall have it done, the Board not objecting.

     (Board so ordered and authorized the Business Agent
     and Secretary to have the work done.)



     Following your instructions at the request of the
Treasurer of the University, Mr. Downing, I delivered to
the Phoenix and Third Trust Company a warrant for $20,000
on Experiment Station funds. Mr. Duncan has sent a com-
munication in regard to the property, which I hand you here-

                  DURCo QQMIUN I CAT.ION

                                July 14, 1917.

Mr. 0. B. Nichols,
Chairman Executive Committee,
University of Kentucky,  
LexinEton, Ky.

Dear Sir:-
                Report on Title t    n      Prone

     We hand you herewith an abstract of title to the property
of the late James H. Mulligan, as shown by the records of the
Fayette County Clerk' s office, beginning with November 1, 1850,
the date of the deed of John Love to Thomas W. Bullock and
Elizabeth Bullock. te started with this date as sufficiently
remote to protect the purchaser against all possible claits.

     We desire to cpll your atuention to certain parts of the
abstract and some technical defects In the record, which,
however, do not affect the title.

     First- You will note that the deed of John Love to
Thomas W. Bullock and Elizabeth Bullock, dated November 1,
1850, does not state whether the grantor was married or un-
married.  The presumption is that he w8S unmarried. An
examination of the record of other conveyances by John Love
to substantial pecple in the community at that time, for
examnle, John Brand and Joseph Scott, Indicates clearly that
he was not married.

      Second- In the deed of John Love to fhomas W. Bullock
and Elizabeth Bullock, a lieo was retained to secure the pay-
ment of $3500, a part of the purchase price. There is no
release of this lien,  Thomas W. Bullock was a prominent man
and at that time in good financial circumstances and the
debt was doubtless naid, but Pven If it had not been paid,
it would be barred long since by limitation.

      Third- It will be noted that the deed executed by John
Love was to both Thomas W. Bullock and his wife, Elizabeth
Bullock. Under this deed Thomas W. Bullock acquired an
undivided one-half interest in fe simple. He subsequently


executed a mortgage to John G. Simrall and Robert S. Bullock.
and this mortgage was foreclosed during the Civil War while
Thomas WY. Bullock was south inside the Confederate lines.
After the close of the war he entered his appearance and con-
sented that the judgment rendered against him in the action
should be affirmed and ratified the sale of the property.
His attorneys were Hunt & Beck.

     The wife of Thomas W. 3Bullock was not made a party to
this proceeding, and there is no record of any conveyance of
her undivided one-half interest    either by deed or will.

     In the suit of John G. Simrall against Thomas Wi. Bullock
to enforce the mortgage executed by Thomas W. Bullock on his
undivided one-half i