The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-12-31
81 REAfE COURT DECISIONS

Reported by Perrin Busbee, ESD, of the
Raleigh Bar
State W Paymer Perkins (appellanD,
from Pitt county. Opinion by Fur
ches. j.
1. The Code. section 1926, author
ling pauper appeals. requires an affi-
davit by the appellant that he is adj
vised by counsel that he has reason
able grounds of appeal; but there IS
no requirement that the name of the
counsel giving the advice should be set
forth.
2. Where, in an action of bastardy,
the defendant denied being the father
of the child. evidence that the prosecu-
trix had had intercourse with other
men at the time the child was begot-
ten is admissible to contradict her
statement that the defendant was the
father of the child. and that she had
had intercourse with no other man.
Error Reversed
C. X. Byrd VS.. c. II. Byrd, admir-. zap
peal by Burton ct all, from Iancey
county Opinion by Furches, J.
The heirs have no right to have
themselves made parties to an action
of account against the administrator
of their intestate although they allege
collision and fraud between such adj
ministrator and the plaintiff.
Appeal dismissed.
Hugh Gwyn (appelIant) vs.. T. J. Cof-
fey, from Caldwell county. Opinion
by Montgomery. j.
Where the act Of 1893, ch. 445, pro-
yiding for the sale of the States inter-
est i'm the Caldwell and Watauga Turn
pike Co. by certain commissioners, di-
rected that advertisement Of sale
should be made on or before July J.,
1898. and that the property should be
sold NOT more than 80 no less than 20
DAYS from said date: Held, that sale
of said property on July 81. 1893. is
void
Affirmed.
T. \. Love (appellant) ys. Le(irande
Gregg. from Mitchell county. Opin-
ion by Faircloth, c. j.
Where the defense of adverse pos
session was based upon the uncontra-
.dictory testimony of witness, it was
proper for the court TO instruct the
Jury that if they believed the witness,
they would find for the defendant.
Affirmed.
w. E. Daniel, Administrator VS.. Peters
burg Railroad Co, appellant from
Halifax county. Opinion by Fair
cloth, c. ].
Where decedent called at the depot
of defendant company for his baggage
and on account of abusive language used
by him to the agentwas shot by agent;
Held, that the finding of the jury that
the agent was acting in the line of his
duty, renders the railroad company
liable in damages for decedent's
death.
Affirmed
e. Z. Gray, (appeIlant) vs.. r. y. Bal
ley, Trustee, from Davie county.
Opinion by Faircloth, G.. j.
Where an estate is given to a man
and his wife. they hold by entreties;
and a deed to such land executed by
the husband alone, during coverture,
is void.
Reversed.
Dayie and White appellants VS.. W.
n. Blackburn ct al. from Stokes
county. Opinion by Montgomery, j.
!. Where a sheriff settled the taxes
due the State and county with his own
money, the amounts due on the tax
list belongs to him and can be collected
within the time allowed by law.
= Eoub SutH tdA llSL Ii not Tie SUBJECT
of levy and attachment by a personal
creditor OF such sheriff
No error
State VS.. ,Chas. Mize (appellant), from
Alexander county. Opinion b. Fur
ches, j.
The Code, section 81, in express
terms confers upon the Justices of the
Peace jurisdiction TO try bastardy
cases commenced by the voluntary
affidavit of the mother
Affirmed.
K ". Winston vs.. j. c. Riggs appel
lant), from Granville county. Opin-
ion by Montgomery, ].
Where in general deed of assign
ment for the benefit of creditors, one
of such creditors held prior security
upon "a certain part of the property
conveyed in said deed of trust; Held,
that the doctrine Of marshalling as
sets applies. Affirmed.