ABANDONMENT.

Of particular persons or personal relations.
See "Husband and Wife," §§ 3, 5; "Parent and
Child."

Of particular species of property or rights.
See "Insurance," § 4.

Streets, see "Municipal Corporations," § 5.
Of remedies or proceedings.

Appeal or writ of error, see "Appeal and Er-
ror," 15.
Assignment of error, see Criminal Law," § 25.

ABATEMENT.

Plea in abatement for misnomer of parties, see
"Parties," § 2.

ABATEMENT AND REVIVAL.

Judgment as bar to another action, see "Judg-
ment," § 7.

Revival of judgment, see "Judgment," § 10.
Right of action by or against personal repre-
sentative, see "Executors and Administra
tors," § 6.

1. Defects and objections as to parties
and proceedings.

The marriage of a female plaintiff pending
an action for an assault is not cause for abate-
ment. Stevens v. Friedman (W. Va.) 132.

2. Death of party and revival of ac-
tion.

*Under Code, § 188, an action to recover a
penalty against a register of deeds and his
surety, for issuing a marriage license in viola
tion of sections 1814-1816, held to abate, not-
withstanding sections 1490, 1491.-Wallace v.
McPherson (N. C.) 1897.

ABSTRACTS.

Of record on appeal or writ of error, see
"Appeal and Error," § 9.

ABUSE OF PROCESS.

See "Process," § 2.

ABUTTING OWNERS.

Compensation for taking of or injury to lands
or easements for public use, see "Eminent
Domain," §§ 2, 4.
Rights in streets in cities, see "Municipal Cor-
porations," § 5.

ACCEPTANCE.

Of goods sold in general, see "Sales," § 2.
Of offer or proposal, see "Contracts," § 1.

ACCESSION.

51 S.E.-66

Survival, see "Abatement and Revival," § 2.

ADJOINING LANDOWNERS.

See "Boundaries."

ADJUDICATION.

*A tax deed held not color of title against
remaindermen.-Smith v. Proctor (N. C.) 889.
Possession under a tax deed held not adverse to
remaindermen.-Smith v. Proctor (N. C.) 889.
*Defendant held not to have acquired title
to land by adverse possession.-Lindsay v.

Foreign will, executed by only two witnesses,
held available as color of title.-Love v. Tur-
ner (S. C.) 101.

for 10 years may set it up.-Love v. Turner
Purchaser from one having adverse possession
(S. C.) 101.

Notorious adverse possession sufficiently es-
tablishes actual notice to holder of legal title.
-Love v. Turner (S. C.) 101.

§ 2. Operation and effect.

Possession for 20 years held to raise a pre-
sumption of grant.-Üzzell v. Horn (S. C.). 253.
§ 3. Pleading, evidence, trial, and re-
view.

An answer in partition proceedings, setting
up adverse possession, held not demurrable.-
Whitaker v. Jenkins (N. C.) 104.

An answer in partition setting up adverse
possession, substantially alleging that defend-
ant claimed the land as his own, held not de-
murrable for not directly alleging such fact.-
Whitaker v. Jenkins (N. C.) 104.

Where plaintiff shows legal title, defendant
must rebut presumption of possession by show-
ing adverse possession.-Love v. Turner (S. C.)

ADVANCEMENTS.

See "Descent and Distribution," § 2.

ADVERSE CLAIM.

To real property, see "Quieting Title."

ADVERSE POSSESSION.

See "Limitation of Actions."
Against persons claiming under life estate, see
"Life Estates."

Of easement, see "Easements," § 1.
Of tenant in common, see "Tenancy in Com-
mon," § 1.

1. Nature and requisites.
Agreement to convey land so indefinite as to
description that the land cannot be identified
held not admissible as color of title.-Priester
v. Melton (Ga.) 330.

Where a party goes into possession under a
parol purchase, and surrenders it before any
payment, his possession will not inure to his
benefit as against the one from whom he pur-
chased. Moore v. Mobley (Ga.) 351.

Where a deed was executed in 1887, posses-
sion of a part of the tract covered by it would
extend constructively to the limits of the lot de-
scribed.-O'Brien v. Fletcher (Ga.) 405.

*A security deed cannot be the foundation of
prescription by seven years' possession under
color of title, while the possession is in the
grantor. Phillips v. Collinsville Granite Co.
(Ga.) 666.

*The possession of land by one held not en-
titled to be tacked onto the possession of
another in the absence of a deed by the latter
conveying the land to the former.-Jennings
v. White (N. C.) 799.

AFFIDAVITS.

See "Depositions."

Presentation in record on appeal, see "Appeal
and Error," § 7.

In particular proceedings.

See "Contempt," § 2.

For summary trial and conviction for crime,
see "Criminal Law," § 6.

Verification of pleading, see "Pleading," § 6.

Under Civ. Code 1895, § 4808, affidavit, the
foundation of a proceeding to evict an intruder,
may be made before any officer authorized to
administer an oath.-Rigall v. Sirmans (Ga.)
381.

An affidavit by a party under whom defend-
ant in ejectment claimed, while in possession, ad-
mitting that he did not own the granite claimed
by defendant, was not admissible, because the
affiant was dead, or because it was used in pre-
vious litigation to which defendant in ejectment
was not a party.-Phillips v. Collinsville Gran-
ite Co. (Ga.) 666.

AFFREIGHTMENT.

Contracts, see "Shipping," § 1.

AFTER-ACQUIRED TITLE.
Estoppel to assert, see "Estoppel," § 1.
AGENCY.

See "Principal and Agent."

ALIMONY.

See "Divorce," § 2.

ALLOWANCE.

To surviving wife, husband, or children of
decedent, see "Executors and Administrators,"
§ 3.

ALTERATION OF INSTRUMENTS.

See "Reformation of Instruments."

Under Civ. Code 1895, § 3702, an intentional
insertion of additional property in a chattel
mortgage by the mortgagee renders the instru-
ment void.-Bedgood-Howell Co. v. Moore (Ga.)
420.

AMENDMENT.

Appealability of judgment refusing to allow
amendment of pleading, see "Appeal and
Error," § 2.

Of pleadings in actions against persons dis-
charged in bankruptcy, see "Bankruptcy," § 3.
On appeal or writ of error, see "Appeal and
Error," § 19.

Of particular legal proceedings.
See "Parties," § 2; "Pleading," § 5.
Petition for specific performance, see "Specific
Performance," § 2.

Pleading in actions by or against corpora-
tions, see "Corporations," § 3.
Pleading in equity, see "Equity," § 3.
Record on appeal or writ of error, see "Ap-
peal and Error," § 11.

Requested instructions, see "Trial," § 11.

AMOUNT IN CONTROVERSY.
Jurisdictional amount, see "Justices of the
Peace," § 2.

ANIMALS.

Injuries from operation of railroads, see "Rail-
roads," § 8.

Review of questions of fact in action for killing,
see "Appeal and Error," § 22.

ANSWER.

In pleading, see "Pleading," § 3.

Drainage proceedings, see "Drains," § 1.
For sale of property belonging to decedent's
estate, see "Executors and Administrators,"
§ 5.

Review of criminal prosecutions.
See "Criminal Law," §§ 19-25; "Homicide,”
§ 10.

1. Nature and form of remedy.

On a proceeding in the county court to eject
an intruder, the remedy of the party dissatis-
fied with the judgment is by certiorari.-Rigall
v. Sirmans (Ga.) 381.

§ 2. Decisions reviewable.

A judgment refusing to allow a general de
murrer to be amended is not a final judgment,
nor is a judgment allowing the amendment.-
Henderson v. State (Ga.) 385.

Where a case was carried to the superior
court by certiorari, the answer of a justice
traversed, verdict rendered against the traverse.
and a motion for new trial overruled, a writ
of error did not lie.-Du Vall v. Brogden (Ga.)
404.

Under Civ. Code 1895, § 5526, no cause can
be carried to the Supreme Court on bill of
exceptions while the case is pending below, un-
less the judgment complained of, if rendered
as claimed, would have been a final disposi-
tion of the cause.-Du Vall v. Brogden (Ga.)
404.

Until final judgment no interlocutory ruling
can be reviewed.-Mathews v. Rountree (Ga.)

423.

The Supreme Court has no jurisdiction to
pass on an assignment of error on overruling
a demurrer to the answer on an application for
mandamus, where the trial court holds that the
answer raised a question of fact and refers the
issue to the jury.-Mineral Bluff Board of Edu-
cation v. City of Mineral Bluff (Ga.) 577.

The Supreme Court has jurisdiction to pass
on an assignment of error complaining of re-
fusal to sustain a motion to make a mandamus
absolute. Mineral Bluff Board of Education v.
City of Mineral Bluff (Ga.) 577.

An order calling in creditors and stockhold-
after appointment of a receiver held not appeal-
ers to prove their claims against corporation
able.-Brookshire v. Farmers' Alliance Exch.
(S. C.) 442.

A decree held appealable under Code 1904, p.
1776, § 3454, authorizing appeals from decrees
requiring a change of possession of property.-
Virginia Passenger & Power Co. v. Fisher
(Va.) 198.