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Fraud of debtor in purchasing furnishes ground for. Manheim vs.

Claflin, 134(2). Purchase money note for mule, reserving title; if seller transfers it, Reservation of title, property sold with, is subject to claim for rent

he cannot recover in trover without a surrender of the note.
Tidwell vs. Burkett, 84.
Same: Bringing the action is equivalent to a rescission.



See Criminal Law; Evidence.

Adultery; evidence showing opportunity and the res gestæ of its con

tinuance, admissible. Gardner vs. State, 149(3). Declarations which are part of, admissible. Cook vs. Pinkerton, 89(3).

Same: Where horses were swapped, and one party wrong

fully resumed possession, conversations admissible. Ibid.

REVOCATION. See License.


15. Fraud in mortgages alleged by attaching creditors, have they

right to open and conclude? Moore vs. Brown, 13(3),
Same: Accorded to wrong party, not reversible error,

when. Ibid.

RULES OF SUPREME COURT. See Rules 43 and 44, opposite page 1.

SALES. See Administrators and Executors; Injunction.
Acceptance of seller's offer must be without any conditions added.

Robinson vs. Weller, 704.
Correspondence, sale by ; offer of seller must be accepted unequivo-

cally, unconditionally, and without variance of any sort.

Ibid. Conditional, not duly recorded, stands as to subsequent creditors of

purchaser as an absolute sale. Steen vs. Harris, 681(1). Rescission, attachment against purchaser levied after, falls. Ibid.

681(4). Rescission may be made by mutual consent, though purchase

money notes transferred, when. Ibid. 681(2). Rescission, when complete. Ibid. 681(3). Reservation of title. See Judgments.

contracted after, if not executed and recorded properly.
Gartrell vs. Clay, 327.
Same: Conder vs. Holleman, 71 Ga. 93, and Cohen vs. Candler,

79 Ga. 427, distinguished Ibid. 331. Sample; evidence that clerk was sent for a particular sample and

he returned with it, admitted. Wilson vs. Coleman, 297(2). Warranty of soundness of mule, suit on; verdict for defendant sus

tained by the evidence. Newman vs. Keith, 356.


Writing is under, if recited in body that seal is used or contem

plated, or that a scrawl or any other mark affixed. Stansell
v8. Corley, 453(1).
Same: Printed L. S. following signature sufficient. Ibid.

SEARCH. See Criminal Law.




Garnishment, service of, by serving copy, no law for. West v8.

Harvey, 711.


Damages arising from a tort cannot be set off to suit on contract.

Green vs. Combs, 210. Maker of note given heir for her interest, she deeding it, said note SIMPLE LARCENY. See Criminal Law.

“to be paid when he got possession,” due when administra-
tor sold land and maker bought it. James vs. Hutcherson,
Same: Purchaser entitled to her part of proceeds of the

sale, and if he failed to get it, might set off against note.
Ibid. 452(a).


Charge of court as to confidential relations and fraud, error where

evidence showed settlement with full knowledge. Conyers

18. Graham, 615(3). Evidence here established a, and it was error to allow plaintiff to

go behind. Ibid. 615(1, 2).


Bond, sheriff and sureties may be sued on, for his official misconduct,

before recovery against him. Jefferson vs. Hartley, 716. Traverse of entry of nulla bona, officer need not be made a party.

Sprinz vs. Frank, 162 3.
Writ of possession, wrongful eviction under, sheriff and sureties

liable on bond. Jefferson vs. Kartley, 716(1).
Same: No preliminary recovery against sheriff requisite.



Void for excessive levy and in sufficient description, when. Brin

vs. Lassiter, 40(1), 41(2).



Fines and forfeitures, extent of right to participate in distribution

of, stated. Gordon County vx. Harris, 719. Jail fees, duty of, to put in bill for, and collect, in solvent cases.

Ibid. Return of indictments into court, have no authority to make.

Bowen vs. State, 483.


Titles, bill to compel making of, dismissal where complainants had

not performed as to paying purchase money. Askew 18.

Carr, 685(1). Titles, making of, not compelled, where description of land in bill

vague and uncertain. Ibid.


Ambiguity in memorandum of sale, parol admissible to explain.

Wilson is. Coleman, 297(1).
Same: 3 “C. L. R. P. oats” shown to mean 3 car-loads

Texas rust proof oats. Ibid.


Falsehood of cotton factor, that he jhad paid proceeds to third per

son, not avoid bar, where plaintiff negligent in discovering. Varler vs. Simmons, 614.

Fraud, to avoid statute ; plaintiff must not be wanting in diligence

to discover and detect. Ibid. 611. Money collected for use of plaintiff, suit must be brought within

four years. Ibid.
Same: Fraud of defendant not avoid bar, where plaintiff

wanting in diligence. Ibid. Reviver of barred debts by administrator, and sureties liable thereon,

discussed. Crabtree vs. Graham, 290. Sealed instrument acknowledging indebtedness, and when due,

limit is 20 years, though promise to pay is implied only.

Stansell vs. Corley, 453. Sewers and grading, damages from; suit for injuries, past and present,

must be brought within four years. Atkinson vs. City, 625. Stock assessments, corporation not making, but assigning; chancery

intervening and directing call, action not barred if brought

within four years of this call. Glenn vs. Howard, 383. Trustee barred, beneficiaries are also; rule defined and explained.

East Rome Co. 18. Cothran, 359(2).



Alley, public, injunction to restrain erection of house over, properly

granted, when. Cohen 18. Bank, 723.. Awning falling on plaintiff; recovery here sustained. Mayor vs.

Caldwell, 76(1, 2).
Same: Condition of other awnings irrelevant. Ibid. 76(6).

STRIKES. See Railroads.

Assessments, corporation not making, and assigning; chancery in-

tervening and directing call, action not barred if brought

within four years of this call. Glenn vs. Howard, 383. Capital stock subscribed, reduced by resolution to actual amount

paid in, all stockholders assenting, released them from
further liability to bank and to each other. Hill us. Silvey,
Same: Reduction being to an amount less than minimum
authorized capital, creditors may hold them for differ-

Ibid. 501(2).
Conditions precedent in notes given for instalments of stock (of

railroad) subscribed, discussed. Johnson vs. Georgia Midland Railroad, 725.


Creditors (future) cannot call on stockholders, who, by resolution,

have reduced subscription below charter minimum, for more than difference, unless credit was given' on faith of

original amount. Hill is. Silvey, 509. Creditors impliedly waive right to go on stockholders, when. Ibid.

501(26). Majority rules, and minority not interfere without good cause.

Alexander is. Searcy, 536(2). Minority dissatisfied must first seek redress through the corpora

tion. Ibid. Minority may have relief in equity for fraud, conspiracy or acts

ultra rires, but if not complain in reasonable time, right

forfeited. Ibid. 536(la). Notes for stock of railroad subscribed, payable on completion of

section, ready for the cross-ties, trestles and bridges,"
when mature. Johnson 18. Georgia Midland, 725.
Same: Recitals as to privileges to be secured, how road to

be operated, and as to side-tracks, not conditions prece

dent. Ibid. Notice, effect of returns made by law hy bank to the governor to

charge creditors with. Hill vs. Silvey, 501(2a).


Fence, building of, not condition precedent to law going into

operation. Holleman vs. Kingery, 624.


Doctrine of equity originally. Irby vs. Livingston, 283.

Same: How extended and applied under statutes of this

State. Ibid. Surety of tax-collector paying off comptroller's fi. fo., subrogated to

all rights of the State. Ibid. 281.

SUPERSEDEAS BOND. See Bill of Erceptions.

TAX. See Lery and Sale; Tille.
Exemption depends upon the use made of the property, not of the

income. Massenburg 18. Grand Lodge, 217.

Same: Trustee 18. Bohler, 80 Ga. 159, distinguished. Ibid. Exempt, temple or lodge of Grand Lodge (Masonic) is not, when

used for corporate profit or income. Ibid. 212(1).
Same: As to apportionment of part so used, and not so

used. Ibid. 21212).

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