Where a joint claim to land was filed, and the court afterwards allowed each claimant to file an amendment alleging ownership of an undivided half, and such amendment was filed without objection, it is too late 12 months thereafter to move to dismiss the claim on the

An estate is not liable for a note made by the executrix, though the proceeds were used in paying the decedent's debts, where the executrix is personally liable.-Morehead Banking Co. v. Morehead (N. C.) 190.

Propriety of the denial of an injunction to restrain an execution sale on the petition of other creditors of the execution debtor.-O'Bryan v. Hardwick (Ga.) 986.

A mere affidavit of illegality is sufficient to prevent the enforcement of a levy under a judgment against one whose name was forged to the instrument on which judgment was given, he never having had his day in court on the question of forgery.-Rounsaville v. McGinnis (Ga.) 123.

The holder of an unforeclosed mortgage of property sold under a judgment junior to the mortgage cannot, without consent, cause the entire estate to be sold, and claim the funds in the sheriff's hands.-J. G. Hynds Manuf'g Co. v. Oglesby & Meador Grocery Co. (Ga.) 63.

On a rule to distribute money, where there was no issue of fact on the record, the court should allow, on discovery of the mistake, an issue to be tendered and filed.-Valentine v. Stafford (Ga.) 154.

An order for the examination in supplementary proceedings may issue against the defendant's assignee.-Bruce v. Crabtree (N. C.) 194; Appeal of Hartsfield, Id.

Where the books in which claimant kept accounts against his vendor of the land claimed, were lost, evidence that the accounts were still open until the controversy in question arose, is admissible on the question whether the land was paid for by extinguishing claimant's account against his vendor.-Sharp v. Hicks (Ga.) 208.

EXECUTORS AND ADMINISTRATORS.

See, also, "Wills."

The return of the appraisers, though it has become final, as to the amount to which the widow and children are entitled for their year's support, is not evidence against the administrator to charge him with assets.-King v. Johnson (Ga.) 895.

Right of widow who has property of her husband's estate, obtained by her as administratrix, to enforce allowance for herself and children out of the assets of the estate in the hands of her successor as administrator.-King v. Johnson (Ga.) 895.

Right of administrator, in an action on his bond by the widow for failure to pay her year's support, to call the widow to account as a removed administratrix, who preceded him in the trust.-King v. Johnson (Ga.) 895.

Where two administrators execute a common bond, each is surety for the other, and where one of them dies the suretyship continues as to the subsequent acts of the survivor.-Lancaster v. Lewis (Ga.) 155.

Right of administrator d. b. n. c. t. a. to sue to invalidate an executed transaction between his predecessor and another on the ground of fraud and collusion between them. Knobeloch v. Germania Sav. Bank (S. C.) 13.

A deed by one as executrix, purporting to convey land as the property of her testator, passes no title without evidence that she was executrix, and had authority, either by the will or

Powers.

Right of administrator to expel an intruder on land after the partition of the intestate's land among the heirs at law, the parcel on which the intrusion occurred not having been taken possession of by the heir to whom it was assigned.-Carter v. Darnell (Ga.) 849. Settlement and accounting.

Items on accounting by administrator considered.-Cunningham v. Cauthen (S. C.) 800.

Where an executor is charged with interest un to the time of accounting, the distributees should be charged with interest on amounts previously advanced to them.-Cunningham v. Cauthen (S. C.) 800.

Under Code, § 2540, an executor or administrator cannot apply any part of the estate belonging to a minor, who has no guardian, to the support and education of such minor, without first obtaining an order of court.-Williams v. Adams (Ga.) 526.

Liabilities.

Where a judgment quando acciderint was rendered against an administrator who had pleaded plene administravit, an action of debt on such judgment may be maintained against him personally for assets subsequently coming into his hands.-Willis v. Tozer (S. C.) 617.

Measure of damages in a suit against executors for failure to deliver property sold by their testator.-Parker v. Barlow (Ga.) 213.

An executrix is not personally liable on a note executed in her representative capacity, where it is stated therein that she does not execute it personally.-Morehead Banking Co. v. Morehead (N. C.) 191.

Executors of a vendor of timber held in a certain case to be liable personally, and not officially, for obstructing the buyer in obtaining possession of the timber.-Parker v. Darlow (Ga.) 213.

Sales under order of court.

Construction of order granting administrator leave to dispose of a tract of land as relating back for terms of sale to another order covering this and other tracts.-Sledge v. Elliott (N. C.) 797.

An administrator's sale of land is void. and may be impeached collaterally, where the alleged decedent was alive at the time of the sale.Springer v. Shavender (N. C.) 397.

Rights of purchaser of lanu from an administrator at a certain price per acre, who was misled by misrepresentations by the administrator as to the boundaries of the land, and so obtained 38 acres while paying for 50 acres.-Folsom v. Howell (Ga.) 136. Actions.

A domestic administrator cannot be made a party to a suit brought by an administrator appointed in another state. - Isbell v. Blanchard (Ga.) 720.

An administrator de bonis non appointed in another state cannot be made a party plaintiff in an action by his predecessor. - Isbell v. Blanchard (Ga.) 720.

Sufficiency of answer of administrator containing a plea of plene administravit.-Willis v. Tozer (S. C.) 617.

An allegation that defendant is a duly appointed and qualified administrator of intestate is sufficient, where no exception is taken other than by oral demurrer at the trial.-Willis v. Tozer (S. C.) 617.

Right of creditor of devisee to sue the executor for fund devised.-Davis v. Davis (Ga.) 1002.

Exemplary Damages.

See "Damages."

EXEMPTIONS.

See, also, "Homestead."

Commissioners to set apart exemptions in accordance with a verdict of the jury under Act 1885, c. 347, are bound to assume that the jury placed a correct value on the property.-Shoaf v. Frost (N. C.) 409.

Factorizing Process.

See "Garnishment."

FACTORS AND BROKERS. See, also, "Principal and Agent."

Right of broker to money compensation from the seller when the arrangement was for his payment from stock of the vendee company.— Bowles v. Allen (Va.) 665.

FALSE IMPRISONMENT.

In an action for false imprisonment, based on an arrest of plaintiff under a criminal warrant, evidence that the grand jury returned "no bill" against him is inadmissible; nor is evidence of other crimes commit.ed by plaintiff admissible. -Lamb v. Dillard (Ga.) 463.

FALSE PRETENSES.

An indictment alleging that defendant falsely, etc., represented that the horse sold "was sound," alleges a misrepresentation of a subsisting fact.-State v. Mangum (N. C.) 189.

Failure to charge that the goods were obtained feloniously is a fatal defect.-State v. Wilson (N. C.) 692.

Fees.

Of sheriff, see "Sheriffs and Constables."

Fellow Servant.

See "Master and Servant."

Feme Covert.

See "Husband and Wife."

Fires.

Set by locomotive, see "Railroad Companies."

Foreclosure.

Of mortgage, see "Chattel Mortgages"; "Mort

gages.

Foreign Guardian.

See "Guardian and Ward."

A wife is not guilty of fraud because she fails to disclose to her husband's creditors the fact that she had loaned him money.-Robinson v. Stevens (Ga.) 96.

Where money is loaned on inadequate security because of fraud by the borrower and his confederates, the lender may, without surrendering the security, follow the money loaned, or its proceeds, in the hands of the borrower or any person who aided in the fraud.-Lewis v. Equitable Mortgage Co. (Ga.) 224.

Propriety of instruction that transactions between father and son are to be closely scrutinized, on an issue as to the ownership of property claimed by the father and levied on by creditors of the assignee.-Giannone v. Fleetwood (Ga.) 76.

FRAUDS, STATUTE OF.

An oral executory contract for fire insurance is not void under the statute of frauds.--Croft v. Hanover Fire Ins. Co. (W. Va.) 854.

A written contract for the removal of standing timber within one year may be extended by parol.-Morgan v. Perkins (Ga.) 574.

Right of vendee in a parol contract for the sale of land to recover the amount paid by him on the contract, after repudiating it.-Durham Consolidated Land & Improvement Co. v. Guthrie (N. C.) 952.

A contract for the sale of land signed by the vendor only binds him, and not the vendee.Durham Consolidated Land & Improvement Co. v. Guthrie (N. C.) 952.

FRAUDULENT CONVEY

ANCES.

See, also, "Assignment for Benefit of Creditors"; "Chattel Mortgages."

A mortgage given by an insolvent debtor to a creditor, which is intended as security for his debt, and not as a transfer as a preference, is not invalid, under Rev. St. 1893, § 2146.-Porter v. Stricker (S. C.) 635.

Consideration of evidence as to whether several different conveyances made by a debtor within six weeks were separate transactions, or constituted one transaction, which was void under the assignment law.-Leake v. Anderson (S. C.) 439.

Consideration of evidence as to fraudulent character of conveyance from husband to wife. -Price v. Robinson (Ga.) 40.

A conveyance by a husband to his wife of land not in excess of the homestead exemption may be set aside at a suit of judgment creditors as a cloud on their title, under Act 1893, c. 78. -Younger v. Ritchie (N. C.) 911.

The fact that a debt due from a husband to his wife is barred by limitations does not render it insufficient to sustain a deed to her as against his creditors.-Leake v. Anderson (S. C.) 439.

The fact that a mortgage was dated on Sunday does not show that it was antedated in order to defraud creditors.-Leake v. Anderson (S. C.) 439.

A confession of judgment by an insolvent with the execution issued thereon is void, and inures to the benefit of all the creditors.-Mack v. Prince (W. Va.) 1012.

Propriety of sustaining a transfer to a creditor, who did not appear, on sustaining other transfers to other creditors who did appear, the transactions all standing or falling together under the issues as made.-Leake v. Anderson (S. C.) 439. Where a conveyance to a grantor's son-inlaw is attached as fraudulent, evidence that, at the time of the conveyance, the grantor was liable in a large amount as surety on another's bond is admissible.-Sharp v. Hicks (Ga.) 208. Suit to foreclose a mortgage in which defendant having alleged that it was given to defraud creditors, equity would not give relief, but the issues as to the fraudulent character of the mortgage were to be tried by a court of law and a jury.-Bank of New Hanover v. Adrian (N. C.) 792.

In a contest between creditors and a wife to claim property levied on as that of the husband, declarations of the latter as to the ownership of the property are inadmissible against the wife.Board of Education of Oceana Dist. v. Mitchell (W. Va.) 1017.

See "Carriers."

Freight.

GARNISHMENT.

See, also, "Attachment."

By answering, a garnishee does not waive his right, at the hearing of an issue traversing his answer, to move to dismiss the garnishment for want of jurisdiction.-Ahrens & Ott Manuf'g Co. v. Patton Sash, Door & Building Co. (Ga.) 523.

creditor could not be enforced.-Nance v. Winship Mach. Co. (Ga.) 901.

The guarantor of a note is not discharged by the fact that the creditor sues a third person for property which the maker of a note sold to such person, but the title to which was in the creditor as security for payment of the note.-Nance v. Winship Mach. Co. (Ga.) 901.

An agreement to pay for materials furnished a third person on the report of the "engineer in charge" approved by such third person, cannot be enforced without showing such approval.Renfroe v. Shuman (Ga.) 373.

GUARDIAN AND WARD.

See, also, "Infancy"; "Parent and Child." Acting without bond, see "Constitutional Law." The court, in the county where the father resided, has jurisdiction to appoint a guardian for the latter's minor child, though the child resided elsewhere during his father's lifetime.Bedgood v. McLane (Ga.) 529.

Only a guardian who has given a bond is entitled to the possession, care, and management of his ward's estate.-McDodrill v. Pardee & Curtin Lumber Co. (W. Va.) 878.

Two guardians jointly appointed, who execute a joint bond, are each liable for a devastavit by the other.-Freeman v. Brewster (Ga.) 165.

The liability of a guardian for the proceeds of a check or draft belonging to the ward, negotiated by him, is independent of the fact that the draft and indorsement thereon were irregu lar. Freeman v. Brewster (Ga.) 165.

Liability of a surety on a guardian's bond, after his discharge, to a surety of the guardian on a second bond, who has answered for a default by the latter.-Tittle v. Bennett (Ga.) 62.

A purchase by a guardian at his own sale is voidable only at the election of the wards.Wallace v. Jones (Ga.) 89.

After judgment against defendant in attachment, no further garnishment can issue on the same attachment, though an issue be pending between plaintiff and a former garnishee as to the truth of the answer made by such garnishee. -Ahrens & Ott Manuf'g Co. v. Patton Sash, Door & Building Co. (Ga.) 523.

GIFTS.

The official appraisement of testator's estate is not admissible on a question whether he had, many years before his death, made a parol gift of land to one of his children.-Rives v. Lamar (Ga.) 294.

GUARANTY.

Discharge of guarantor of a note by failure of a payee to record a contract by which the title to property was vested in him to secure the note. -Nance v. Winship Mach. Co. (Ga.) 901.

Admissibility of admission made by one of two guardians in an action upon their joint bond, the admission being made after the guardianship was revoked.-Freeman v. Brewster (Ga.) 165.

Jurisdiction of Virginia courts over a foreign guardian who has asked such courts for permission to remove the fund from the state.-Clendenning v. Conrad (Va.) 818.

HABEAS CORPUS.

The court of the county in which a minor child is wrongfully detained from the custody of its father has jurisdiction of a petition in habeas corpus for the custody of such child.-Hunt v. Hunt (Ga.) 515.

A defendant in an action for trover requiring bail will not be discharged on habeas corpus without producing the property sued for, or giving bail, because of his inability to do so, without first applying for such discharge under Code, § 3420a.-Bass v. Hightower (Ga.) 592.

Handwriting.

Harmless Error.

See "Appeal."

HIGHWAYS.

Adverse possession of, see "Adverse Possession." Dedication, see "Dedication."

The continued use of a private way by the people generally with the consent of the owner will not constitute such way a county highway, as a highway must be recognized by the county court. -Boyd v. Woolwine (W. Va.) 1020.

The fact that one drove into a dangerous place in the highway, through his failure to require one whom he was passing to observe the rule of the road, does not relieve the person responsible for the dangerous place from liability.-Atlanta St. R. Co. v. Walker (Ga.) 48.

HOMESTEAD.

A person carrying the mail, though he uses his own horse and vehicle therefor, is a laboring person, within Const. art. 11, § 1, which provides that homestead exemptions shall not extend to a demand for services of a laboring person.-Farinholt v. Luckhard (Va.) 817.

Where an administrator qualified prior to the homestead act of 1868, a homestead set apart to the wife of the administrator in 1873, out of his land, is subject to a judgment against him in favor of the heirs on a settlement of his account.-Dunagan v. Webster (Ga.) 65.

Presumption of assent by husband to an application for a homestead out of the property belonging to him, he making no objection thereto.-Blacker v. Dunlop (Ga.) 135; Dunlop v. Blacker, Id.

After minor beneficiaries under a homestead have arrived at age, they cannot recover rents and profits from one who excluded them wrong fully from the possession during their minority. -Moore v. Peacock (Ga.) 144.

a

Right of execution debtor, after having homestead assigned him, to demand an additional assignment in another county, so as to make up the $1,000 allowed by the constitution. -Springer v. Colwell (N. C.) 301.

Sufficiency of evidence to justify a conviction of murder, wherein defendant pleaded self-defense. State v. Zeigler (W. Va.) 763.

An instruction that if the killing of deceased was by misfortune or accident, and there was no evil design or culpable neglect on the part of defendant, he would not be guilty, held proper.Boston v. State (Ga.) 603.

An instruction that "where the state shows that a killing was by a deadly weapon, and nothing more should appear, the law presumes malice from the mere fact of an unauthorized killing with a deadly weapon," held proper.-Boston v. State (Ga.) 603.

Charging that "if the killing occurs by the pointing of a pistol at another, and firing it, whether the intention to kill or not existed at the time, that would not be deemed to be a killing by misfortune or accident," held proper.Boston v. State (Ga.) 603.

Sufficiency of evidence to justify a conviction of defendant of murder by boring holes in a boat, and so drowning deceased.-Nicholas v. Commonwealth (Va.) 364.

Manslaughter.

Evidence examined, and held to require an instruction that, if true, defendant could be convicted of manslaughter only.-State v. Horn (N. C.) 694.

Propriety of charging on subject of voluntary manslaughter, the instrument of the homicide being a long-handled shovel, and a blow having been struck under circumstances which left the degree of the homicide open to question.-Heath v. State (Ga.) 77.

Excusable and justifiable homicide.

It was for the jury to determine whether circumstances justified the belief of defendant that he was in danger.-State v. Sullivan (S. C.) 4.

An instruction on self-defense should state that where there are other means by which the shedding of blood might be avoided there was no such necessity as would excuse the killing.State v. Sullivan (S. C.) 4.

A charge which fails to state that a person cannot take human life, where there are means by which it can be avoided, is properly refused. -State v. Sullivan (S. C.) 4.

To render homicide excusable, it must be shown that defendant retreated as far as he safely could in good faith, with the honest intention to avoid the violence of deceased.-State

er, Id.

HOMICIDE.

Assault with intent to kill.

Evidence that deceased said defendant was not fit to live in a civilized community does not show a threat, and is inadmissible.-State v. Sullivan (S. C.) 4.

On a prosecution of one for drowning persons by boring holes in a boat, evidence that defendant possessed an auger of the size of the holes is admissible.-Nicholas v. Commonwealth (Va.) 364.

Defendant's attorney, on cross-examination, can ask a medical expert his opinion as to how deceased was standing when the ball entered his body.-State v. Sullivan (S. C.) 4.

Right to establish the criminal agency by circumstantial evidence after death by criminal violence has been shown.-Nicholas v. Commonwealth (Va.) 364.

Propriety, in a prosecution of one for killing his wife, of allowing defendant to explain why