The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-01-12
SUPREME COURT DECISIONS

reported by Perrin Busbee, ESQ, of the
| Raleigh Bar
D. T. Smith ct al (appellants) vs.. NJ, c.
Smith ct al, from Columbus county.
Opinion 10y Avery, ].
1. Where person has had an appor-
tunity to Judge of the mental capacity
of another. he need not qualify rs an
expert in order to state that it was
good
,. But such non-eXpert should not
| be allowed to state tas based upon
| mere association and observations
upon an issue as to whether deed
was procured from a deceased grantor
through undue influence, that the
erantor could not have been influence
cd|''by any power on earth" besides
such opinion was an invasion Of the
province Of the jury.
New trial.
a. j. Hamilton ". j. 7. lcard (appell-
anti from Caldwell county Opinion
by Avery j
A .'peripatetic possession" by plant
ing tobacco beds on tract of land eY-
cry year for over ! years, but never
more than years in the same spot,
the land not being enclosed except for
the period it was cultivated, is not adj
verse
Affirmed.
Jasper Claybrook ct al (appellants) VS..
commissioners of Rockingham coun-
tv ct al, from Rockingham county.
Opinion by Avery, j.
/. A proposed purchaser of bonds is
sued under a vote of the qualified vot-
L. = La -.r,lr 10
that the registrars certificate is COR
rect; and where such purchaser, before
buying. examines the election proceed
ings and finds that a majority of the
registered voters voted in favor of the
issue. ii is not incumbent on him to as
certain whether such voters We're Ie-
gally registered, when the registrar
certifies they are correct, and the re-
turns of the election were approved by
the County Commissioners, though
the result of the election was not de-
clared by such commissioners as re-
quired by Acts of 1887, chapter 81.
.. The registration list is prima
facie evidence of who constituted the
qualified voters of the town; and it
is immaterial that such list was
recorded in the book containing the
minutes of the proceedings of the
town authorities.
No error.
Board of Commissioners of Stokes
Co. vs. r. G. Wall ct al (appellants)
from Stokes Co. Opinion by Clak, j.
In action ON a sheriff's bond for
taxes not accounted for; Held,
/. The sheriff is prirna facie charge
able with the amount 7sof the tax list
and the burden of proof is on him to
show a discharge of an part Thereof
2. Where no allowance for insolvents
was made by the county commits
sioners, the court has no authority to
make such allowance.
3. 1t is no defense that the tax
books were levied upon in an attach
ment proceeding after the time limited
for settlement by the sheriff; or that
the defendants misconstrued the pur-
port of the order of reference.
No error.
Board of Education of Stokes Go. VS..
j. c. Wall ct al (appellants) from
Stokes Co. Opinion by Clark j.
l. The Act of 1889, ch 1919, section
IS, amending the Code. section 1868,
makes the County Board of Education
the proper relator in the action against
a sheriff for failure to pay such board
the taxes levied for school purposes.
2. 1T was not necessary for the
| plaintiff board TO allege in their COM
plant that the County Board of Com
missioners had refused to bring the
| action against the defendant sheriff.
No error.
| Mollie Pass ct al VS. j. c. Lynch ct al
appeal, by defendant II. l.. pass)
from Surly Co. Opinion by Mont
gomery, j.
A purchaser of land, who buys with
the knowledge that another claims IT,
| tie under mortgage procured by
| fraud, cannot attack such mortgage on
| the ground of such false representa-
| tions, nor ON the ground that it was
made to defraud the creditors of the
mortgagor, he not being one of such
| creditors.
Affirmed
! State VS.. julius fice ct al, (appellants)
from Caldwell Co. Opinion by
| Clark, j.
In all cases a person accused of a
crime of any grade has right to of
fer in his defense testimony of his
| good character, though he himself
! tsJ~-o ioL ttSt3ih III HES OWN DSHdil'
! Error.
State VS.. George Long (appellant) from
Mecklenbnrg Co Opinion by Fair
cloth, G. j.
! When, in prosecution of school
teacher for whipping scholar, the
I Court charged the jury:
/. That if the denfendant inflicted
Il permanent injury he was guilty.
?. Malice means bad temper, high
temper or quick temper, and if the in
jury was inflicted from malice as
above defined, they should convict the
/ defendant"
Held, that such definition of malice
/ is imperfect and misleading, as malice
may exist without temper, and it may
not exist although the act may be
done whilst under the influence OF
temper, bad, high or quick. As the
distinction was not explained TO the
jury the defendant is entitled to a
New trial
State vs.. Shep Burton (appellant)
from Union county. Opinion by
Faircloth, c. j.
The charge that an unmarried and
single woman Cooked like woman
who had misearried" is not, per sc
slanderous. Being an expression oil
an opinion as TO her personal appear
ance, the defendant was entitled to
explain, If he could, what he meant