The Van Buren press., 1893-01-28
ARKANSAS SUPREME COURT.

Aee Hlgheat ACKNOWLEDGEMENTS OF GUAR
dian and Mortgage Redemption
"A sherin's Deputy Ms = Collector Of
Rsvenue-A Question ut Goats.
The following proceedings were had
in the Arkansas supreme court the
other day:
Robb Va. Cottrel. This Is 4 suit in equity BY
guardians ward to surcharge her late guar
dian's account, which had bssn approved by
the probate court the court found for the
guardian except As to one isaue, aud A. to that
found he had fraudulently taken credit for the
sum OF SIS A. paid by him for buggy hire for
his ward. and gave Judgment accordingly.
Held: We decline to enter upon an investi
CATION Of this r,cord to ascertain the fact of
fraud aud the only que ,tion remaining IL, Had
the probate court jurisdiction to allow tn, SIS
for buggy hire, Ths penal sum Of the guardian
is small. and It would thus appear the ward .
estats must have been -. and charges for
pleasure riding would be an improper allow
ancs; but in this case there Is nothing to show
that this was 80. Ths riding might have been,
for aught that appears, necessary to the wards
health The Judgment should be reversed and
the cause dismissed.
Wood OF a. vs.. Holland. The appellants filed
their complaint against Holland and ELI ng-
wood to redeem tract OF land from mortgag,
In pursuance OF power to sail vested in 4
trustee by that instru nent. aud to have an &C.
count Of rents and profits and for other relief.
The court sustained demurrer to the com.
plaiut upon the ground that 1t showed no
equity in the plaintiff. The complaint was
dismissed aud the question her, is. Did
the plaintiffs complaint allsge facts
which would entitIe him to redeems
bought OF Holland lands aud gave
notes, secured by mortgages. with b. B. Black
rs trustee, who sold the lands as such and Hol-
land purchased them The plaintiff offered TO
redeem by paying the amount Holland had bid
aud 10 par cent. additional, but 1t was contend
ed that the bslanc, OF the purchase money
should have been rendered. and tho cause was
affirmed
Held The right to redeem by rendering the
amount bid at the trustees sale is granted by
statute, but there Is a difference between re-
deeming from mortgage and from sale un-
der mortgage. Reversed and remHnded with
instructions to overruls the demurrer.
Crowell vs.. Braham. When the collector OF
the rsveaus or his deputy distrains property
for the payment Of taxes no order OF replevin
can tako the property out Of his hands, but
the law confers no right to deprive the
owner OF his property by al illegal seizure
or sale. He may attack the legality Of the
sale or seizure Several objections are urged
against the validity Of the sale in this
case. One is that the warrant was exc
cutsd by deputy sheriff. who was not
shown to be also . deputy collector Of
the revenue, and the question is: Is Generul
deputy sheriff ex- officio deputy collectori The
ONCE Of sheriff and collector are distinct II
the sheriff became also collector (but tho du-
ties OF collector no part Of the sherid's), ii
therefore must follow that 4 sheriff's dep
uty has no power to collect the reveue, and the
plaintiffs title was not Invested by the sal
and upon proof he should have recovered. II
versed aud remand cd for new trial.
Collins vs.. the Stats. Collins was bound over
to keep the psace. He appeared before the cir
cult court As required and was discharged, bu.
was taxed up with the costs Of the procee iings
III both the magistrate aud circuit courts A
reversal Of the latter judgment IL here sought
on tho ground that il Is without authority Of
law, the contention being thst against q de.
fendaut who has been discharged 40 costs can
bs taxed.
Held The judgment rscitss the action Of
the magistrates court to have been taken on
sufficient evidence to bind him over to tha cir
cult court. Costs are = necessary appsndags
to Judgment, and the power to assess costs
against one charged with crime does not mecca
sariy depend upon his conviction, especially
such ~ have accrued In his preliminary trial.
The Judgment as to costs will be reversed aud
the cause remanded with instructions to tax
all costs except for his prosecution in the CIR
cult court.