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: 3874(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. Middlebrooks, 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 possession, 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. Barlow, 6.

Declarations by one in possession in disparagement of, admissible. Johnson vs. Cox, 25.

Estoppel; deed in plaintiff's possession from his testator to defendant, 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 possession, 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 authority 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. 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 distress 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 injured 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 rs. Kuglar,

637.

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

TRAVERSE.

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).

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 recover for. Ibid. 387(2),

Force to expel licensee of right to sell lunches, railroad may use, after revocation. Fluker vs. Geo gir Railroad, 461(1).

Landlord entering rented premises, breaking house, and seizing tenant's cotton, liable in. Shores vs. Brooks, 468(1).

Same: Punitive damages recoverable, though proceeds 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. ker vs. Waycross & Florida, 388 6).

Par

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, 469(1, 2).

TRIAL. See Practice in Superior Court.

TROVER.

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, 1541).

In pari delicto, as a defence to the action, discussed. Ibid. 154(1, 2). Interest added on value from time of conversion. Western & Atlantic Railroad vs. Young, 414.

Measure of damages; value at time of conversion, and hire, recoverable. Jaques rs. Stewart, 81(2).

Same: If plaintiff elects highest value, then no hire or interest recoverable. Ibid.

Seller of mule who took note reserving title, and transferred it, cannot recover without surrender of note. Tidwell vs. Burkett,

V 81-57

84.

Same: Bringing the action was equivalent to a rescission.
Ibid.

Swap of horses is complete when terms settled and exchange made. Cook vs. Pinkerton, 89(1).

Same: After this, for one party wrongfully to resume pos-
session is a tort. Ibid.

Same: He can convey no title to purchaser from him.
Ibid.

Same: Conversations which are part of the res gestæ of the
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, 81(1).

Same: Defendant may attack it (bill of sale to mules) by 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. Cincinnati Railway, 495.

Same: Nor from the value of the other two bales at Rome, weight and quality not shown. Ibid.

Verdict; election of plaintiff. See Measure of Damages, under this title.

TRUSTS AND TRUSTEES.

Barred rule that when trustee is barred by prescription, beneficiaries are also, defined and explained. East 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).