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. vs. Cothran, 359(2).

STATEMENT OF PRISONER. See Criminal Law.

STREETS AND SIDEWALKS.

Alley, public, injunction to restrain erection of house over, properly granted, when. Cohen vs. 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.

STOCK AND STOCKHOLDERS.

Assessments, corporation not making, and assigning; chancery intervening 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 vs. Silvey, 501(1).

Same: Reduction being to an amount less than minimum authorized capital, creditors may hold them for difference. 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, or

more than difference, unless credit was given on faith of
original amount. Hill vs. Silvey, 509.

Creditors impliedly waive right to go on stockholders, when. Ibid.

501(26).

Majority rules, and minority not interfere without good cause.
Alexander vs. 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 vires, but if not complain in reasonable time, right
forfeited. Ibid. 536(1a).

Notes for stock of railroad subscribed, payable on completion of
section, "ready for the cross-ties, trestles and bridges,"
when mature. Johnson vs. 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 by bank to the governor to
charge creditors with. Hill vs. Silvey, 501(2a).

STOCK LAW.

Fence, building of, not condition precedent to law going into
operation. Holleman vs. Kingery, 624.

SUBROGATION.

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. fa., subrogated to
all rights of the State. Ibid. 281.

SUPERSEDEAS BOND. See Bill of Exceptions.

TAX. See Lery and Sale; Title.

Exemption depends upon the use made of the property, not of the
income. Massenburg vs. Grand Lodge, 217.

Same: Trustee vs. 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. 212(2).

Levy of fi. fa. for $3.60, on 100 acres land worth $1,200, is excessive and void. Brinson vs. Lassiter, 40(1).

Same: Deed void on its face, if it show the fact of such excessive levy. Ibid.

Life tenant chargeable with, if accrued while she lived and was entitled to income. McCook vs. Harp, 229(5).

Redemption; when sale was for tax and under judgments both, tender should cover amount purchaser paid, and the premiums. Clower vs. Fleming, 247(1).

Same: How and when tender should be made, discussed.
Ibid. 247(3).

Redemption, wild land, if returned, must be within one year. Millen 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 vs. Livingston, 284.

Same: Sureties can obtain relief in equity against defaulting tax-payer. Ibid.

Sureties paying off comptroller's fi. fa. against tax-collector, subrogated to all the rights and liens of the State. Ibid. 281. Title: Purchaser gets title good against reversioners, or other interests, where assessment was against the particular lot. Gross vs. Taylor, 86.

Aliter: If assessment was general against all the property of tenant in possession, purchaser got no better title than he had. Ibid.

Transfer to tax-collector; he stands in position of citizen, and defendant may resist by judicial interference. Irby vs. Livingston, 284.

Wild land, returned and sold, must be redeemed within one year, under 2898. Millen vs. Howell, 653.

Same: 2874(b) applies only to unreturned wild land. Ibid.

TELEGRAPH COMPANIES.

Non-delivery of message in time; not liable for possible profits to be made by person to whom sent. Clay vs. Western Union Telegraph Co. 285(1).

TENDER.

Same: Demurrer properly sustained here. Ibid. 285 (2).

Redemption of land sold for taxes, tender in, how made. Clower vs.

Fleming, 246(3).

TENANTS IN COMMON.

Ejectment, tenant can recover in, only his interest. Baker vs. Mid-
dlebrooks, 494.

Same: Surviving partner cannot recover lands not in actual
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; Trover.

Admissions by P. after conveying to T. and parting with posses-
sion, inadmissible against T. Towner vs. 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 prescrip-
tion on. Millen vs. Stines, 655.

Prescriptive; one who holds under tenant for life, acquires none,
against remaindermen, suing within seven years. Bagley vs.
Kennedy, 721.

Prescription, to 'prevent title by, fraud must be actual.

Barlow, 1(1).

Ware vs.

Same: Purchaser from agent of two executors, not know-
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 vs.
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.

TORTS.

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. 640(2).

Set-off; damages arising from a tort cannot be pleaded to suit on
contract. Green vs. 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
vs. Lukens, 633.

Water injuriously projected forward over lower land, by moving
natural obstruction above, actionable. Grant vs. Kuglar,

637.

Same: That no damage done at point of entry, but only
lc wer down, not alter case.

TRAVERSE.

Ibid.

Issue docket, answer of sheriff as to service traversed, case should be
entered on. Harris vs. Lowe, 676.

TRESPASS. See Criminal Law.

Cutting timber (cross-ties); evidence sustains finding as to number
received by defendant. Parker vs. Waycross & Florida,
388(4).

66

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).