Savannah morning news. [volume] (Savannah) 1868-1887, 1881-01-10

Cases from Chatham Decisions Rem
dered.

The following decisions In cases from
Chatham county rendered by the Supreme
Court have just been published:
Baker ct al, trustees, ct al VS.. Houston ct
al. 1niunction-from Chatham. Corpo-
rations. Equity. Churches, Parties.
SPRER, j.
/. The wrongful and violent seizure Of
the edi6ce and property belonging to a
church of 4 congregational form of govern
ment by a minority of the members, con-
trary TO the wishes of a majority, the depo-
sition OF officers of the church and of trus-
tees who hold the property, the retention
and use thereof by the minority to the ex-
clusion of the majority, furnish good
grounds for equitable relief.
z. Trustees of church, appointed by the
Superior Court have prima facie right to
represent the trust committed to them, and
to protect it from an improper and illegal
diversion by others.
3. Where numerous parties have a com
mon interest, few may sue representing
others.
Judgment reversed.
j. r. Saussy, A. P. S 8. B. Adams for
plaintiff in error Chisholm & Erwin, Tomp-
kins & Denmark for defendants
Armstrong, Gator g. Co. VS.. Pease. Com
plaint-from Chatham. Principal and
agent.
CRAWFORD, j.
A voluntary agent without reward is only
liable for gross neglect in and about the
business of his principal. An agent who
has discharged his duty is entitled to all
necessary expenses incurred in the execu-
ton of his agency.
(a). 1t follows that when, on the written
request Of person in Savannah for first
class milliner, firm in Baltimore sent out
milliner who proved unsatisfactory, suit
to recover the expenses of sending her to
Savannah would involve not only the ques-
ton of her competency, but the nature of
the agency-whether for reward or not-the
diligence used, and what ex penses were nee
es5arily incurred.
Judgment affirmed.
Collier & Charlton, for plaintiffs In error;
George A. Mercer, for defendant.
Nathans vs.. Arkwright ct al. Ejectment-
| from Chatham. Prescription. Infancy.
Title
| SPEER, j.
l. The deed of an infant is voidable, not
void.
| (a) The recital of the payment of one
dollar as the consideration of q quit claim
deed is sufficient That 1t was not actually
paid, does not affect the validity OF the con-
| VeYance. If not paid, 1t was recoverable.
in a reasonable time after attaining MAORI.
ty, or her right Of avoidance will be lost.
| (a.) What is a reasonable time will de-
! pend upon the facts Of each case, but will
not be longer than seven years after the
disability is removed.
| (b.) Where minor remainder man con-
veys his interest in property, he will not be
excused from disafirming his deed within a
reasonable time after attaining majority, be-
cause the right to bring ejectment for the
! land has not accrued.
! 3. Where minor, sixteen years of age,
| claiming a remainder interest in realty,
| Joined in quit-claiming all interest therein,
! together with her brother, who was also
remainderman, and of age, the quit claim
being in general terms Endorsed on the back
Of deed from the life tenant, their mother,
and attested by their father after lapse of
twenty years from her reaching majority,
! during which valuable improvements were
made on the land by bona fide purchaser,
such claimant in remainder could not re-
cover the land. In such a case, ignorance
Of what she had done would be no protec-
ton against presumption.
Judgment affirmed.
A. P. & s. B. Adams for plaintiff In error;
Chisholm 81 Erwin, George A. Mercer for
defendants.