The Montgomery advertiser., 1901-11-15

Il. Same; same; case at bar.-In an ac- ton of ejectment brought by the plain ecuted by s. and wife to L. for her life. remainder to her children. 1t appearing that said deed had been lost, plaintiffs offered the testimony of the widow of the husband made deed to L.; that her husband wrote the deed and she signed 1t with him, and that it was made to l.. during her life and was to go to her chill dren after her death. also the testimony Of another witness that she heard the deed read, that 1t was made by &, and wife to l.. for life, remainder to herf chill dren in 1858 or 1859 conveying title to cer- messed by H. and P. and the testimony Of another that he saw the paper writ ing of s. to l.. that he couldn't remember all the contents. but 1t contained the stun. that is in all deeds and then I,aster for her life and at her death to her children" Held: that this proof made out prima facie case of the con Sec ss3: Code of 1852. Sec. 21sS); dispens- ing with the formal parts of a deed and giving effect to the intention of the grant or.
 Reversed and remanded.
 Opinion by Sharpe, J.
 sCHLOSS V. LYMAN, SMITH & co. statutory Claim Suit:;-Appeal from Bar
 
 l. Deed of assignment; invalid until cuted by debtor for the benefit of creditors passes no title to the assignee ofnce Of the Probate Judge as required by tho statute. Code. Sec. lOOi.)
 ?: Statutory claim suit; admission of indebtedness and levy of attachment By the interpretation of claim suit un- der the statute Code, Sec. i14D where an attachment has been levied. the claimant Is held to admit both the in- debted.ess claimed by the plaintiff in at- tachment, and the fact that a levy was made.
 3. Same; issue.-Under statutory claim suit. Code. Sec. 4142). the only issue for the jury is whether or not the property claimed is that of the defend ant in the writ. and liable to it's satis- faction.
 |. Same; charge ex mero motu upon the effect of evidence; error without in- jury. While charge given without re- quest of either party in the following language: "l charge you whether you believe the evidence for the plaintiffs or the claimant, you must find for the plaintiffs. is improperly given under the statute, Code, Sec. 332e), 1t is error with out injury when the plaintiffs right to evidence or admitted facts. so as not to depend upon the credibility of oral testimony
 5. Same; inventory attached to levy; W u0fl an lllNBHtOTE IS by the Sheriff to a levy of an attach ment and made part thereof it Is com petent evidence in a claim suit instl- tuted to determine the rights of the parties to the property levied upon.
 6. Same; same; evidence of value of goods attached witness knowledge of value of property; objection.-A witness who helped to make an inventory of stock of goods lC eied upon under an at tachment who has knowledge of the value of a portion of the same, though not of others, can state what the value of the stock as whole was as shown in the inventory against objection that the testimony rather than the wit ness was incompetent
 2. Same; evidence of witness; error without injury Where the testimony of a witness relates to no material fact in issue, the rejection of an offer to show the accuracy of his memory is without injury.
 8. Same: separate valuation: when unnecessary.-The object of the statute Code, Sec. 4143J. requiring the jury in claim suit to assess the separate value of each article claimed is to enable the claimant to return the property either in whole or in part; and if the claimant has disposed of all the goods before the trial, he is not prejudicated by failure to assess the separate value of each ar- ticle.
 Affirmed.
 Opinion by Sharpe. J.