Arkansas true Democrat., 1859-10-19
Abstract of the decisions of the Supreme

Abstract of the decisions of the Supreme
 Court of the State of Arkansas.
 Prepared expressly for the True Democrat, 5y
 F. W. HoADLEY, ESQ.
 e.::,,.,u e';:;, s:; Appeal from Sebastian. .,e-
 Defendant was indicted at the February term, 1857, of Sebastian circuit court, for betting at .faro bank The offence was charged to have been committed 10th Dec. !oo6. Upon the plea of not guilty the de- fendant was tried and acquitted at the Au- gust term, 1857, and the State appealed upon questions of law reserved at the trial Ihe Court held:
 The time charged in an indictment is not material. The State has the right to make out case of gambling against the accused, at any time within the period of limitation.
 New trial granted to the State.
 Massey ns survivor etc., Error to Monroe, Pike. "''
 James H. Massey as surviving partner of late mercantile firm composed of him. self and Joseph H. Palmer, trading under the firm name of Joseph Palmer G Co.,, brought an action of debt against Dedrick Pike and James J. Cowart, as late part ner, doing business under the style of Pike | G Cowart, in the Monroe circuit court, de- tendant Cowart was not served with pro- cess. Pike appeared and filed a demurrer to the declaration, for two causes. The courtsustained the demurrer as to first cause, and overruled 1t as to the other. The plain tiff declined to answer the declaration; final judgment was rendered against him in favor of defendant Pike and he brought error 1He Court held:
 Where declaration alleges in effect, that both of the partners of a firm executed the bond sued on, and if in fact, it was execu- ted but by one of them, without power from, or the assent of the other, this must be shown by plea of non est .factum, to be interposed on the part of the partner who did not execute the bond.
 Judgment reversed.
 Fletcher, ct. al-, Appeo! from cAancery VS. S1Qe Of IfEQns0S G. Pool. G.
 This was bill in chancery exhibited by JVilliam g. Pool against TAomas Fletcher, 1Sarah Clay, Joseph Clay, Mary Cay and Caroline Clay, to quiet titles, etc. Repli- cation to the answer being entered in short upon the record, the cause was heard on bill, answer, exhibits and the demurrer of Fletcher. Upon the hearing the court de- creed the lands to complainant, and per petually enioined defendants from setting up titles thereto, and they appealed.
 ZHe Court held:
 1st. The act of Congress approved 2Slh Sept, 1850, granting to the State of Ar kansas all of the swamp and overhowed lands unfit for cultivation within her limits | for certain purposes mentioned in the act, was present grant, vesting in the State proprio riGore from the day of it's date, title to all the land of the particular de scrlptlon therein designated, wanting noth- ing but the definition of boundaries
 2d. Where land is granted by legisla- ! ized to demand patent for the land, his title Is as s'much vested as if he had the pa tent, which Is but evidence of his title.
 Sd. There are no particular words neces- sary to constitute confirmation or grant by legislature, but where the words em- ployed do not, in themselves, import con firmation or grant, the intention of the legislature must be ascertaincd by construc- | ton.
 4th. A purchaser from the United States, can derive no benefit directly from the act of January llth 1857, though he may do so indirectly, by showing Mot Me .Stote has receiced the indemnity mentioned in the act, proytded, no private rights have attached in the meantime, by purchase from the State, for, in such case, the receipt of the indem- nity would be treated in equity, as a sale of the lands by the State to the United States, and the title thus acquired by the United States, would enure by way of estoppel to her grantor. The complainant not having shown title in himself, the de- cree must be reversed