Receiver, creditor, though not a judgment creditor, may obtain, when. Wolfe vs. Claflin, 65.

Redemption, debtor has no right to, after sale, and purchase by creditor, under 1970. Crawford vs. Pritchard, 17.

Same: Especially where offer to redeem delayed for more than seven years. Ibid.

Sale made on fraudulent misrepresentations of purchaser, and fraudulently mortgaged by him, makes case for injunction and receiver, when. Wolfe vs. Claflin, 64(1).

Voluntary deed, not defeat debt of grantor created before its execution. Seals vs. Benson, 44.

Same: Judgment subjecting, though dormant, and revived, land still subject. Ibid.

Wife claiming under secret contract with husband, bona fides must be clearly established. Skellie vs. James, 423.

Term of return of bill not appearing, presumption is chancellor had proof before him as to, before granting. Mayer vs. Hover, 309(3).

DEEDS.

Description not void for uncertainty when it can be made certain. Parler vs. Johnson, 255(5).

Forged; certificate of executive department that there was no such justice as the attesting justice in that county, sufficient. Parker vs. Waycross and Florida Railroad, 387(2). Same: Certificate need not show no such person in the State. Ibid. 387(2a).

Forged, holder of, can recover on, only where actual adverse pos-
session, commenced without notice.
Ibid. 388(2d).

Forged; presumption arises, when. Ibid. 393.
Genuineness, whether "ancient or modern," may be challenged.

Ibid. 387(2b).

Lost, or without the jurisdiction; existence and proper execution must be shown, before secondary evidence admissible. Calhoun vs. Calhoun, 91.

Record of, not charge purchaser from husband of property inherited from wife, with notice of interest of children, when. Lathrop vs White, 30(4).

Redemption after sale in strict conformity to 1970, not allowed. Crawford vs. Pritchard, 17.

Secondary evidence; to admit, must show existence and proper execution. Calhoun vs. Calhoun, 91.

Sheriff's, to substituted bidder, valid. Parler vs. Johnson, 254(3). Voluntary; land still subject to debts of grantor made before execution. Seals vs. Benson, 44.

Same: Though judgment subjecting became dormant, and was revived, debt still existed, and land was still subject. Ibid.

DEMURRER. See New Trial.

DEPOSITS. See Banks.

DESCRIPTION. See Deeds; Levy and Sale.

DEVISES. See Legacies.

Executory; children under terms of will here take by, and not by contingent remainder. Matthews vs. Hudson, 120.

DILIGENCE.

Child, due care in, for its own safety, is such care as its capacity fits it for exercising. Western & Atlantic vs. Young, 397 2). Fraud, to avoid bar of statute, plaintiff must show reasonable diligence to discover and detect. Marler vs. Simmons, 611. Ordinary, defined. Western & Atlantic Railroad vs. Young, 415(2). Ordinary, may be illustrated in charge, by contrasting it with extra ordinary. Mayor vs. Caldwell, 76(5).

DISMISSAL. See Actions; Appeal.

DISTRESS WARRANT.

Crop on premises when levied on, sufficient proof of tenant's pos session. Andrew vs. Stewart, 53(1).

Reservation of title, property sold with, is subject to claim for rent contracted after, if not executed and recorded properly. Gartrell vs. Clay, 327.

DISTRIBUTION OF ASSETS.

Lien of highest dignity, court erred in not ordering receiver to pay.

Akerman vs. Moon, 688.

DIVISION. See Wills.

DOCKETS.

Issue and motion; acts 1882-3, p. 56, applicable to city court. Harris ns. Lowe, 677.

Issue docket; answer of sheriff as to service traversed, case should be entered on. Ibid. 676.

DORMANT JUDGMENTS. See Judgments.

DOWER.

Reserved, may be, in sheriff's deed, though not in levy. Parler vs. Johnson, 254(4).

Seized, as well as in possession, husband must be, to entitle widow to. Hill vs. Hill, 517(2).

DRAFTS. See Bills of Exchange; Negotiable Instruments.

DURESS. See Principal and Surety.

Surety discharged by duress of principal, when; cases reviewed and discussed. Patterson vs. Gibson, 804.

EJECTMENT.

Amendment, action in "John Doe" form, demise may be introduced by, at any time. Jones vs. Johnson, 293(1).

Same: Every demise of this character is a separate cause of action Ibid.

Same: It does not relate back, but dates from date of amendment. Ibid. 294(2).

Declarations of party in possession in disparagement of her title, admissible. Johnson vs. Cox, 25.

Grant, defendant cannot attack on ground of fraud, unless he shows he had some interest affected by it. Parker vs. Waycross & Florida Railroad, 392.

Partner, surviving, cannot recover land conveyed to firm, where dissolution was before death. Baker vs. Middlebrooks, 491. Prescription, title ripened by, in defendant, before amendment filed laying new demise, no recovery. Jones vs. Johnson, 294(3). Title of plaintiff, defendant may attack, without special plea. Jaques vs. Stewart, 83.

Verdict here for complainants sustained by evidence. Johnson vs. Cox, 25.

EQUITY.

Jurisdiction; decree binds unborn child, where court has jurisdiction of the persons and subject-matter of the bill. Mayer vs. Hover, 309(2).

Jurisdiction; partition, equity has, in cases of, under 23183. Ibid.

309(1a).

Same: If necessary may construe will in order to render decree of partition. Ibid. 309(1).

Jurisdiction; perjury committed by witness, power to enjoin judgment discussed. Wilson vs. Sullivan, 238(2).

Law, equitable remedies may be administered at, since acts 1884-5, p. 36. Manheim vs. Claflin, 134.

Same: And same obtained by petition addressed to superior court under acts 1887, p. 64. Ibid.

Law, remedies at, must be pursued to their available extent, before relief had in. Wolfe vs. Claflin, 64(1).

Same: But this rule is not without exceptions, and facts here make one. Ibid.

Presumption is, chancellor had proof before him as to term of return of bill, in absence of evidence to contrary, when he signed decree. Mayer vs. Hover, 309(3).

Stockholders (minority) may have relief in equity for fraud, conspiracy, or acts ultra vires, but must complain promptly. Alexander vs. Searcy, 536(1a).

ESTATES.

Base or qualified fee; devise here creates, and not an estate for life with contingent remainder. Matthews vs. Hudson, 120. Same: Wetter vs. United Hydraulic Co. 75 Ga. 540, distinguished. Ibid. 126.

Fee simple; inheritance, words of, not required to pass. East Rome Co. vs. Cothran, 361.

Life estates; sold for taxes as property of life tenant, life estate only passes. Clower vs. Fleming, 252.

Aliter, if sold for taxes of that specific property only. Ibid. Life estates; trustee to hold during coverture of life tenant, not represent remaindermen. Bagley vs. Kennedy, 721.

Life: taxes chargeable to life tenant, if accrued while she lived and was entitled to income. McCook vs. Harp, 229(5). Life: words here held to create a base or qualified fee in first taker, and not life estate. Matthews vs. Hudson, 120.

Remainders: alternative remainder in trustee's family or himself
not covered by the trust. East Rome Co. vs. Cothran,
359(1).
Remainders, contingent; devise, in 1854, by mother to a trustee
for her son, and if he should die childless, trustee to sell,
distribute into shares, and put in hands of other trustee for
other children, vests base or qualified fee in son. Matthews
vs. Hudson, 120.

Same: Wetter vs. United Hydraulic Co. 75 Ga. 540, distin-
guished. Ibid.

Same: Other children were intended to take by executory
devise, and not by contingent remainder. Ibid.

Same: No remainder by implication was created in the
children of the son. Ibid.

Same: Hence the son not liable to interference for waste.
Ibid.

Remainder: implication, estates by, not favored. Ibid.

Same: Words here held to create a base or qualified fee in
first taker, determinable upon his dying without child or
children. Ibid.

Remainders: interest not run in favor of remaindermen until death
of life tenant, estate being money. McCook vs. Harp,
229(4).

Remainders: prescription, title ripened by, in defendant, before
amendment filed laying demise in remaindermen, no re-
covery. Jones vs. Johnson, 294(3).

Remainders: trustee not represent legal estate in remainder, when.
East Rome Co. vs. Cothran, 361.

Remainders: trustee to hold during coverture of tenant for life,
not represent remaindermen. Bagley vs. Kennedy, 721.
Remainders: vested; bequest to children for life, then over to their
children; division after testator's death; grandchildren took
vested remainder in fee, and subsequent exchange by two
of the children of their portions, not affect rights of grand-
children. Crawley vs. Blackman, 775.

Remainders: waste; tenant who holds fee determinable upon his
dying without child or children, not interfered with.
Matthews vs. Hudson, 120.

ESTOPPEL.

Award of arbitrators, party bound by, and estopped to deny, by
conduct, though he did not sign submission. Johnson vs.
Cochran, 39.

A