See HOMESTEAD; TAXES; GARNISHMENT.
Photographers. A photographer is not a mechanic
within the meaning of the statute which exempts from execution
in the hands of each mechanic, etc., one set of mechanic's tools.
Story v, Walker, 515.
2. Gift of exempt property. To defeat creditors. Administrator. A gift
of personal property exempt from execution to take effect at the
death of the donor, the sole object of which is to defraud creditors,
when the exemption has ceased to exist, may be set aside by the
administrator of the donor, for the benefit of creditors. Martin v.
Crosby, 168.
See EXEMPT PROPERTY; DEED OF TRUST.
1. Representations. If representations are made by the seller at the time
of purchase, which the buyer relied on and was thereby induced to
make the trade, and these representations were false, and known to be
so by the seller, this would be fraud, and would defeat a recovery
upon a note given for the purchase money. Kelly v. Turbeville, 339.
2. Same. Warranty. If the buyer relies partly upon an examination
and test of the article sold, but mainly upon the representations
of the seller, and these representations were with intent they should
be relied upon, it is a warranty upon which he may recover. Id.
3. Burden of proof. The burden of proving that a deed from a father to
a son is voluntary and fraudulent is upon the attacking creditor.
Williamson v. Williams, 355.
The acceptance of a mere
special covenant of war-
4. Defective Title. Presumption of knowledge.
quit claim deed, or one with only a
ranty, is prima facie proof that the conveyee knew the title was de-
fective.
5. Evidence. Declarations of conveyor. If a party makes a deed and retains
possession inconsistently with the deed, his statements in reference to
the ownership, or contract or character of possession, are admissible
against the conveyee; but it is otherwise when his possession is con-
sistent with the terms of the deed or contract. Id
6. Innocent purchaser. Resulting trust. Where property is fraudulently
conveyed to evade creditors to an assignee, cognizant of the fraud,
who conveys to an innocent third person, who pays a full consid-
eration in ignorance of the fraud, the consideration paid takes the
place of the land conveyed, and the mesne fraudulent assignee be-
comes liable therefor to the creditors of the original grantor. Wil-
liamson v. Williams, 355.
See PLEADINGS AND PRACTICE.
1. Pleadings and Practice. Where garnishment is served on two parties,
and both answer, it is error to consider the answers of both together
in making up judgment against one, at least where the amount in-
volved is over $50, ($1,000 under act of 1883, ch. 11).
Sharp, 578.
Walton v.
2. Same. In garnishment proceedings the plaintiff must show judgment
and execution. Id.
3. Question reserved. Whether, where answer of garnishee shows that the
legal title to a note is in him, (he holding it as collateral security),
and the equitable title is in another, he could be compelled to sur-
render it, at least until his debt is satisfied. Id.
4. Deputy sheriff. Fees or salary. The salary of a deputy sheriff who is
paid a compensation for his services instead of fees allowed by law,
is not subject to garnishment. His services are necessary in car.
rying on the machinery of government, and the exemption is on the
grounds of public policy. Oliver, Finnie & Co. v. Athey, 149.
See HUSBAND AND WIFE; LIMITATIONS.
See CHANCERY PLEADINGS AND PRACTICE.
See CHANCERY COURT JURISDICTION.
Resulting trust. Husband and Wife. If the late guardian of a female ward
and of other wards, several years after the marriage of such female
ward and after he had settled with the other wards, cause execution
GUARDIAN AND WARD--Continued.
to issue on a judgment recovered by him as guardian before the mar-
riage, and purchase land sold under it, the presumption would be
that he acted under a claim of right and for himself, and if any re-
sulting or constructive trust would arise from the fact that the hus-
band and wife had funds in their hands of the guardian or an interest
in the judgment, the trust would be in favor of the husband, and
if he elected to follow the fund into the land, it would be a reduction
of the fund or chose in action into possession. Lane v. Farmer, 568.
1. Abandonment. Case stated. In 1873 A sold, without the concurrence of
his wife, who had deserted him, taking their only child with her,
and was at the time residing at her father's, a tract of land, at the
time under lease to a third party; A assigned the purchase notes
and the assignees filed a bill to enforce the lien and obtained an order
of sale, whereupon A filed a bill to obtain homestead in the land.
Held, A is not entitled to homestead.
Riddick
v. Turpin, 478.
2. Mortgage. A wife, who joins her husband in conveying the land on
which they have a homestead right of the value prescribed by law,
cannot afterwards claim a homestead in another part of the same
tract of land previously mortgaged by the husband. Enochs v. Wil-
son, 228.
3. Judgment in favor of State. An execution on a judgment in favor of the
State against a defaulting tax-collector, for taxes due the State col-
lected and not paid over as required by law, can not be levied upon
the homestead of the defaulting tax-collector. Ren v. Driskell, 642.
4. Same. The homestead in such case is exempt from seizure and sale
under execution in favor of the State. Id.
5. How same must be conveyed. While, under the act of 1868, the husband
may convey the homestead for the benefit of the family, yet he cannot
divest their interest by any less solemn act. Id.
6. Contracts before enactment of exemption. Bonds, official. The relation
between principal and surety, or between sureties themselves, and the
rights deduced therefrom, originate in the execution of the instru-
ment of suretyship and is substantially a contract by implication of
law from the relation created by the execution of the instrument.
Where, therefore, an official bond was executed before the passage
of the homestead exemption, and a mortgage given on property to
indemnify the sureties, the liability was created by the bond, and the
homestead is not exempt, though default was made after the passage
of the homestead exemption. Bryant v. Woods, 327.
7. Homestead. Improvements. Mechanic's lien. Real estate in the occu-
pancy of the head of a family is not exempt from sale for the sat-
isfaction of a debt contracted for improvement made thereon, al-
though the creditor may have lost his lien as a mechanic for the
debt. Miller v. Brown & Forsyth, 155.
8. Marshaling securities. Homestead. Abandonment. A conveyed by trust
deed, two tracts of land, upon one of which A and wife resided,
to secure debts owed B, C and D; A and wife subsequently con.
veyed by trust deed, releasing homestead, the same land and certain
personalty to secure the debt owed B included in the first conveyance.
Held, on bill brought by C and D; first, B having two funds for
his security, while C and D had only one of them, would be com-
pelled first to exhaust the personalty before sharing in the proceeds
of the realty; second, though the second conveyance was not per se an
abandonment of the homestead, the equitable title remaining in the
conveyor, nevertheless, since complainants were entitled to have the
second conveyance enforced and whatever right the trustee had under
it sold, the purchaser at such sale would be entitled to possession
as against A and wife; the result would be that the homestead, being
a mere exemption and not an estate, would be extinguished and the
purchaser under the first deed would get the benefit of it; consequently,
the sale of the realty was ordered to be made as follows: (A) the
tract upon which A and wife did not reside; (B) the tract upon which
A and wife resided, first setting apart homestead; (C), if the amounts
thus realized were insufficient to pay all the debts, then the tract
upon which A and wife resided, absolutely and in bar of homestead.
Parr, Nolen & Co. v. Fumbanks, 391.
See CONVEYANCE; LIMITATIONS; GUARDIAN AND WARD.
1. Support of children. If a man marry a woman with infant children,
and he take them into his family, and treat them as part of his
family, the law implies an obligation on his part to support them.
Norton v. Ailor, 563.
2. Same. After the death or majority of one of such children, without
promise to pay, the step-father can not recover from its guardian for
its support and maintenance during its minority.
See CORPORATIONS, MUNICIPAL.
See CHANCERY COURT JURISDICTION.
49-VOL. 11.
See COUNTY WARRANTS; RAILROADS.
See PLEADINGS AND PRACTICE.
See PLEADINGS AND PRACTICE.
JUDGMENT OF FOREIGN STATE.
Judge's certificate. Under our Code, section 3795, the certificate that the
clerk's attestation is in proper form, may be made by any judge,
chief justice or presiding magistrate of the State, though he may not
be a judge of the court wherein the judgment was rendered.
v. Boyd, 498.
Special constable. A justice of the peace has no power to appoint a
special constable to execute a fi. fa.
LAND LYING IN TWO COUNTIES.
State v. McKittrick, 476.
See PLEADINGS AND PRACTICE.
1. Purchaser of tenant. Lien. A suit by landlord may be maintained
against a purchaser of the crop, or any part thereof, from the tenant
before any recovery of judgment against the tenant or before the rent
is due. Richardson & Nelson v. Blakemore, 290.
2. Estoppel. A tenant is estopped to deny his landlord's title. Campbell
v. Hampton, 440.
See REDEMPTION, EQUITY OF; LIEN; EJECTMENT.
1. Ratification. A person may adopt and ratify an unauthorized signa-
ture of his name to a libelous publication. Dawson and Campbell v.
Holt, 583.
2. Same. Mere silence in relation to a libel published over a per-
son's signature, and a failure to disavow it to the injured party
within a reasonable time after knowledge of the publishing, are not
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