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Levy of fi. fa. for $3.60, on 100 acres land worth $1,200, is excessive
and void. Brinson vs. Lassiter, 40(1).
cessive levy. Ibid. Life tenant chargeable with, if accrued while she lived and was en
titled to income. McCook vs. Harp, 229(5). Redemption; when sale was for tax and under judgments both, ten
der should cover amount purchaser paid, and the pre-
vs. Howell, 653. Sureties of tax-collector, making good his default in failing to collect,
cannot compel State to issue execution for their use. Irby
ing tax-payer. Ibid. Sureties paying off comptroller's fi. fa. against tax-collector, subro
gated to all the rights and liens of the State. Ibid. 281. Title: Purchaser gets title good against reversioners, or other in
terests, where assessment was against the particular lot.
than he had. Ibid. Transfer to tax-collector; he stands in position of citizen, and de
fendant may resist by judicial interference. Irby vs. Living
ston, 284. Wild land, returned and sold, must be redeemed within one year,
under 2898. Millen vs. Howell, 653.
Non-delivery of message in time; not liable for possible profits to be
made by person to whom sent. Clay vs. Western Union
Redemption of land sold for taxes, tender in, how made. Clower vs.
TENANTS IN COMMON.
Ejectment, tenant can recover in, only his interest. Baker vs. Mid
use by firm. Ibid. Sale by administrator of “south half” of lot which intestate owned
as, divested title of heirs. King vs. Cabiniss, 661.
TITLE. See Husband and Wife ; Tax; Trorer.
sion, inadmissible against T. Towner v8. Thompson, 174. Color: forged bond for title; bond by pretended agent, without
authority, is good color of title to base prescription on. Millen vs. Stines, 655.
Same: Simmons vs. Lane, 25 Ga. 178, distinguished. Ibid. Constructive notice does not make a title fraudulent. Ware vs. Bar
low, 6. Declarations by one in possession in disparagement of, admissible.
Johnson vs. Cox, 25. Estoppel; deed in plaintiff's possession from his testator to de
fendant, not estop defendant from denying plaintiff's title.
Parker vs. Waycross & Florida, 388(3). Fraud between administrator and first vendee, not affect title of
subsequent one without notice. King vs. Cabiniss, 662(3). Horse swapper, after exchange consummated, cannot resume pos
session, and convey title to purchaser. Cook vs. Pinkerton,
89(1, 2). Innocent purchaser without notice protected. Lathrop vs. White, 37. Prescriptive; bond for title signed by pretended agent, and author
ity disproved, is forged, and is good color to base prescription on.
Millen vs. Stines. 655. Prescriptive; one who holds under tenant for life, acquires none,
against remaindermen, suing within seven years. Bagley vs.
ing that there was a third, protected, when. Ibid. 1(la). Reservation of, not executed and recorded properly, subject to dis
tress for rent contracted after. Gartrell vs. Clay, 327. Sale by constable where no seizure, and property not at place of
sale, conveys none. Yoemans vs. Bird, 340.
Tax sale of land as property of tenant for life, life estate only
passes. Clower vs. Fleming, 252.
Aliter, if sold for taxes of that specific property only. Ibid. Trover; evidence as to title being in third person immaterial, when
defendant claims through grantee from plaintiff. Conley is.
Thornton, 154(2). Trustee to hold during coverture of tenant for life, has no title to
fee. Bagley vs. Kennedy, 721. Usury, defendant may show, in deed or other writing, to defeat
plaintiff's recovery. Jaques vs. Stewart, 81(1).
Same: And this without filing a plea to that effect. Ibid. Warrant, executor or administrator cannot. Wells vs. Harper, 194.
Fire, setting one's house on, to get insurance; action by tenant in
jured in health by fright and exposure. Bray vs. Latham,
641. Health already impaired, a tort to, is redressed by giving damages
for any further impairment, or obstruction to recovery.
Ibid. 610(2). Set-off'; damages arising from a tort cannot be pleaded to suit on
contract. Green is. Combs, 210. Water, grant of right to dam, with reservation that no injury to be
done spring; if spring injured either in artificial state at date of contract, or in its natural state, actionable. Ford
v8. Lukens, 633. Water injuriously projected forward over lower land, by moving
natural obstruction above, actionable. Grant 18. Kuglar,
Icwer down, not alter case. Ibid.
entered on. Harris' 1's. Lowe, 676.
TRESPASS. See Criminal Law.
received by defendant. Parker vs. Waycross & Florida,
388/4). Cutting timber; defendant held liable for cross-ties received, but
not for timber which was " not to belong to it until it had become part of the road-bed.” Ibid. 388(5).
Cutting timber; plaintiff's deed attacked as forged; certificate from
executive department as to attesting officer, sufficient to
bar recovery, when. Ibid. 387(2). Deed, one who merely has a, but is not in possession, cannot re
cover for. Ibid. 387(2c). Force to expel licensee of right to sell lunches, railroad may use,
after revocation. Fluker is. Geo gir Railroad, 461(1). Landlord entering rented premises, breaking house, and seizing
tenant's cotton, liable in. Shores vs. Brooks, 468(1).
fairly applied to lien debt. Ibid. Landlord liable in, for breaking house to seize effects sold him by
tenant, without first demanding surrender. Ibid. 469,2). Master not liable for trespass of employés of subcontractors. Par
ker vx. Waycross & Florida, 388 6). Measure of damages, rules for ascertaining stated, when timber cut
and carried away from land. Ibid. 388(7), 396. Punitive damages awarded against landlord for entering rented
premises, breaking house, and seizing property. Shores vs. Brooks, 169(1, 2).
TRIAL. See Practice in Superior Court.
Conversion by grantee under conveyance for benefit of creditors, to
defeat action, fraud of plaintiff must be shown beyond a
reasonable doubt. Conley vs. Thornton, 154,1). In pari delicto, as a defence to the action, discussed. Ibid. 154(1, 2). Interest added on value from time of conversion. Western & At
lantic Railroad 18. Young, 414. Measure of damages; value at time of conversion, and hire, recov
erable. Jaques 18. Steuart, 81(2).
terest recoverable. Ibid. Seller of mule who took note reserving title, and transferred it, can
not recover without surrender of note. Tiduell 18. Burkett,
Swap of horses is complete when terms settled and exchange made.
Cook vs. Pinkerton, 89(1).
session is a tort. Ibud.
swap and resumption, admissible. Ibid. Title in third person, evidence as to, immaterial where defendant
claims through grantee from plaintiff. Conley vs. Thornton,
154(2). Title, plaintiff must show, in order to recover. Jaques vs. Stewart,
showing usury in it. Ibid. Value of four bales cotton at Rome cannot be inferred from value of
six bales (including the four) at Cincinnati. Simpson vs.
weight and quality not shown. Ibid. Verdict; election of plaintiff. See Measure of Damages, under this
TRUSTS AND TRUSTEES.
ries are also, defined and explained. Eust Rome Co. vs.
Cothran, 359(2). Confederate money; trustee could receive and use as prudent men
dealt with their own. McCook vs. Harp, 236(2).
Same: Principle not apply where he mixed funds. Ibid. Estate, under words of conveyance here, limited to life of trustee.
East Rome Co. vs. Cothran, 359(1). Estoppel in standing by and seeing improvements made; facts in
issue; temporary injunction not controlled. Ibid. 360(5). Executed ; deed on January 2, 1867, to husband as trustee for wife,
vested title in her immediately. Lathrop vs. White, 29(1). Inheritance; trustee, without words of, in conveyance creating
trusts, and in wills with such words, takes only estate necessary for trust.
East Rome Co. vs. Cothran, 361. Legal estate, under terms of deed here, passed to trustee for the
term of his life and no longer, the alternative remainder in his family or himself being a legal remainder not covered by the trust. Ibid. 359(1).