The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-11-18
SUPREME COURT DECISIONS
(Reported by Jos. L. seawell.)

nlaint substantially alleges that he was
arrested in a brutal manner by the po-
liceman, brought before the mayor and
tried and discharged on the ground that
he had committed no offence, and the po-
liceman reprimanded by the mayor; that
the policeman was notorious for his cru
city in making arrests without justifica-
ton, and that the city authorities were
acquainted with his character; held de-
murrabe.
Where cities are acting in their corpo-
rate character or in the exercise of pow
ers for their own advantage, they are liza
bic for damages caused by the negligence
or torts of their officers or agents.
But where they are exercising the ju-
dicial, discretionary or legislative author
ity conferred by their charter, or are
discharging a duty imposed solely for the
public benefit, they are not so liable, I'M
less there is some statute which subjects
them to liability therefor.
STATE VS.. MBROOM. Judgment ar
rested.
The endorsement, "a true bill" is es-
sential to the validity of bill of indict-
ment, and bill CT indictment endorsed
''This bill found is noy sufficient in law.
The motion n this court in arrest of
judgment upon the foregoing ground is
allowed
CRAFT VS.. HOME ASSOCIATION. At
frmed.
tenant in common cannot estop the
mortgage of his co-tenant from fOreclos-
ing by making such MORTGAGE n party
to proceedings for partition.
A director and chairman of finance com
In
ton, in purchasing at a sale under fore
closure of mortgage to the association, is
deemed to have bought for the associa-
ton.
PETERSON VS.. TERRELL. Affirmed.
K p conveyed to NJ. ]. P. as follows
''To said M. ]. P, and the heirs of her
body (meaning her children), and, If
none, then at her and their death to the
next of kin, but if the next of kin be not
brother or brothers child or children,
then to whom she may feel in good will
to give it Of her own Accord Held that
the grantee mas a life estate, capable of
enlargement into fee simple in the
event she has issue living at her death
and the grantees nephew has an estate,
dependent upon the grantees death with
out children, and the grantee being GA
years old, married and without children,
equity will protect the nephew's estate
against injury or waste.
AIKEN VS.. LYON. Affirmed.
1t is competent to prove a court record
by duly certified copy of the original,
and such copy is not secondary evidence.
The findings of the jury in a former
action are competent as evidence in q
second action between the same parties
to recover the land which was the subject
of the former action, although judgment
non obstante veredicto was rendered in
the former action, and in such case the
record of the former action works an
estoppel.
Where defendant, in an action to recov-
err land denies plaintiffs title and pleads
sole seizin, here thereby admits demand
and custer.
Where trial judge writes the findings
of the jury subject to certain facts to be
found by them, such action does not vi
tiate the verdict adopting the findings
suggested by the judge.
TAYLOR VS.. LAUER Error.
Where an assignor desiring to make
a general assignment for creditors, is I'M
able by reason of ignorance of the extent
of his Indebtedness, to state the names
of all his creditors, he should state such
ignorance in the assignment and provide
for paying his unknown creditors on an
equal footing with others, upon proof
OF the unknown creditors claims within
a reasonable time.
When the schedule in a deed of as
signment omits the names of any of the
assignor's creditors, the law concludes
that those mentioned in the deed are
preferred creditors, Notwithstanding the
omission is made through ignorance or
mistake of the assignor
Where an assignor desires to prefer
certain of his creditors, the preferred
debts must be reported by the assignOr
under oath and filed in the office of the
clerk of the Superior Court of the county
in which the assignment is made, stat
ing the names of the preferred creditors,
the amounts due each, when the debt
was made and the circumstances under
which the debts were contracted. 116 n.
c., 6S4; III N. c., 42S.
The assignee represents the assignor's
creditors for all purposes and may take
advantage of any fraud to which the as
signor is a party. And an assignee, seek
ing to recover goods delivered to cred
itors of the assgnor mot named in the
deed of assignment under the assignor's
bill of sale to such creditors, prior to the
deed of assignment, may attack the bill
of sale for fraud.
TURNER VS.. COMMISSIONERS OF
BILLSBORO. Affirmed.
The Statute OF Limitations runs against
municipal corporation as to all mat
ters except property held in trust by it
for the public use. AS to such property.
no adverse possession can bar a munich
pal corporation.
Where the inalienability of public prop
erty held by a town as Common" is
removed by Act of Assembly authorizing
the town to sell such property and por-
lions of the property are sold under said
act, twenty years adverse possession of
a portion of the property under known
and visible boundaries confers a good
title.