1. Seizure of. Under the Act of Congress, approved March 12, 1863, au-
thorizing the Secretary of the Treasury to appoint agents to collect
abandoned property, the right to collect abandoned property does not
depend upon the "loyalty" or "disloyalty" of the owner. That be-
came a question only upon application to the government to restore
the proceeds. Hart v. Reynolds, 208.
2. What is. Property was not subject to seizure as abandoned, unless the
owner was engaged in rebellion, either in arms or otherwise, or gave
aid and comfort to those so engaged. Ib.
3. Same. Property left in the care of another person, under a colorable
sale, by one publicly residing in an adjoining county, visiting the
place where the property was, and not in arms or encouraging the re-
bellion, is not abandoned. Ib.
4. Sale fraudulent. A sale, for the purpose of preventing the government
from seizing the property, is not an "abandonment." Ib.
5. Seizure. Justification. A person seizing property as agent of the gov-
ernment, could not justify under proof of probable cause to suspect
that it was abandoned. Ib.
1. An appeal from a decree for alimony, does not abate by the death of
the party onerated, but may be revived. McCollum v. McCollum.
365, n.
2. Plea in, to an attachment, is not an appearance by which the court ac-
quires jurisdiction of the person. Boon v. Rahl, 12.
1. From another county or State. An account "for balance due on price of
a horse," is such an account as may be proved under the Code, 3780,
which makes accounts coming from another county or State, properly
verified, evidence. Hunter v. Anderson. 1.
2. How declared on. Profert. Unless the declaration on such an account
avers that the account does come from another county or State, and
makes profert thereof, verified as required, the defendant can not be
required to deny the account on oath; nor will the plaintiff be enti-
tled to read the account on the trial as evidence. Ib.
3. Same. Denial in petition for certiorari. A denial of the justice of an
account coming from another county or State, contained in a petition
for certiorari, is a sufficient denial, to require the plaintiff to prove
his account, or to admit evidence to disprove it, 444.
1. De bonis non. Six months to sue. An administrator, who becomes such
on the death of the original administrator, is exempted from suit for
six months from his qualification. It is otherwise where the former
administrator resigns. Code, 2274, 2237. Minor, Adm'r, v. Webb,
Adm'r, 395.
2. Limitation of two years. Request for delay. In a suit against an adrain-
istrator or executor, a finding by a jury "that demand was made by
plaintiff in the month of December, 1868, and delay requested at said
date," is not sufficient to stop the running of the statute of two years.
Chesnutt, Er'r, v. McBride, 389.
3. Same. Proof that plaintiff told defendant that he would like to have
his claim settled, and the defendant replied, "hold on, your claims
are good," will not stop the running of the statute. Ib.
4. Purchase by Administrator. Complainant. Where an administrator
buys at a sale procured on his own petition, proof of the utmost fair-
ness will be required of him, or any purchaser under him, to sustain
the sale. Taylor v. Walker, 734.
5. Same. Where the property is reported as sold to one "as administrator,"
it is held as evidence that the purchase was made in his official not his
personal character; and a subsequent decree, vesting him personally
with the title, will be held not to pursue the Master's report of sale,
and he will be treated as a trustee. Ib.
6. Year's support. Partnership. On a bill filed by the administrator of a
deceased partner, to set aside a sale of property claimed by the ad-
ministrator as the individual property of the intestate, the property
was held to belong to the firm, and the sale to be valid; but an ac-
count was ordered to ascertain what purchase money was due. The
property was attached under the bill, and before replevy a portion of
it was set apart for the year's support of the widow of deceased.
Held, that the amount taken for year's support was a proper credit to
the purchaser, as against the administrator. Herd v. Delp, 530.
7. Limitation. Payment. The purchaser, as part of the price, paid a
judgment against the deceased partner. Held, not to be affected by
the statute of limitations, Code, 2784, as to administrators. It was a
payment, not a mere debt acquired by the purchaser. Ib.
ADMINISTRATION-Continued.
8. Same. Note. A note held by the purchaser on the deceased, accepted
by the surviving partner as part of the price, stands on the same
footing. Ib.
1. An appeal from a decree for alimony may be revived. McCollum v.
MeCollum, 565, n.
2. Circumstances affecting the amount of alimony considered. Ib.
1. While charging jury, error. Code construed, 2869. In a case coming
by appeal from a Justice of the Peace, it is error to allow an amend-
ment, changing the form of action from "debt on account" to "tres-
pass," after the Court has commenced charging the jury.
2. How to be applied. See ATTACHMENT, 15, Gibson v. Carroll, 23.
3. Of bond. Good by relation, when. Brooks v. Hartman. 36.
See APPEAL. 2, 3.
1. Effect as to party not appealing. Susong v. Williams, 625.
2. Pauper oath. Amendment. Certificate of appeal prayed, and of taking
pauper oath, does not prove appeal granted. Amendment neces-
sary. Jennings v. Mercer. 9.
3. Amendment. Appeal bond is evidence of an appeal granted, and no
amendment is necessary to show it. Code, 4178. King v. Booker, 11.
4. Decree when final. A decree for the recovery of the amount due upon
the foot of a note on file in the case, with a reference to ascertain the
amount, is final so far that it cannot be disturbed by the Chancellor,
of his own motion, or otherwise than by bill of review, after the term
at which it was entered. Meek v. Mathis, 534.
5. Same. But if, upon the coming in of the account, the Chancellor make
another decree, the party injured by the first decree has two years (by
leave) to obtain a writ of error, counting from the time of the last de-
cree. Ib.
6. Appellee can not assign errors. lb.
7. Leave to appeal. Where an appeal lies in the discretion of the Chan-
cellor, a grant of an appeal, without more, will be held to be in the
exercise of the discretion. Harrison v. Farnsworth, 751.
8. From decree final as to one person. An appeal may, in the discretion of
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