The Montgomery advertiser., 1901-10-03
BoYETT V. THE STATE Indictment for Abductiou.--Appeai from the Circuit Court of Henry


 the Circuit Court of Henry.
 1. Evidence; admissibiiity of inscrip- ton on tombstone. In trial of a case, where the age of one of the parties :on. for the witness to testify as to an in- scription upen tombstone stating the date of birth of such person.
 2. Same: same: abduction.-On trial under an indictment for abduction. which oh: rges the defendant with carrying off a girl under 14 years of age. for the pur- pose of prostitution, concubinage or mar rfage, where a witness in tesufying as to the age of the girl states that she was born the same year that a brother of his. who is dead. was born, but he Sres Sre, not norS n whas for h hs to further testify as to the date which the inscription on his dead brothers s tombstone states was the date of birth of his brother.
 3. Abduction; charge to the jury.-On a trial under an indictment for abduc- ton, which charges the defendant with taking a girl of IA years of age from ton, concubinage or marriage" charge which instructs the jury that before they can find the defendant guilty they must believe beyend q reasonable doubt from rom the evidence that defendant not only took the said girl away from her father for purpose of concubinage, but the jury must also believe beyond a reasonable doubt that the said girl was under the
  away, is erroneous and properly refused. because 1t withdraws from the consider ation of the jury whether the defendant took said girl for the purpose of prost-
 {. Same; same.-In such a case. a charge is properly refused which in- structs the jury that If they believe tcok the girl . from her f1ther for the purpose alone of having Crcnurse alone with her himself, then taSy must acqult him" such charge w1hdra"ing from the consideration of the jury the charge in the indictment that tho defend- ent took the girl for the purpose of marriage.
 In tke trial of criminal case. where there is conflict In the evidence, a charge which instructs the jury that their yer dict in this case, whatever 1t may De. sworn falsely" is properly refused as Ueing argumentatiNe.
 G. Same: when erroneous instruction without prejudice to the defendant.'-In courts oral chStge to the jury. con s,dered as a whole is too favorable to the def sndant tho fact that the conclu- sion of such charge may be erroneous, will not cause a reversal of the judg- mcnt of conviction.
 Reversed and reInanded.
 Opinion by Dowdcli, J.
 DAVIS EFT AL V. WILLIAMS EFT AL. Bill in Equity to Compel Specifiec Per
 formance of Contract-Appeal rom
 the Chancery Court of Macon.
 1. Landlord and tenant; when relation not extended by occupancy Of house Where a person Is employed by the own CTS of land to superinter1 the land and look after the business of the owner, and while in such employment he occupies a house which is situated upon said land. his occupancy of the house does not ere ate the relation of landlord and tenant between him and the owner. g. Same; tenant cannot dispute title or landlord-A tenant while occupying the leased premises is estopped from deny ing the title of the landlord. and before he can assert a title to the rented prem ises in himself or in any one in hostility possession of the premises.
 g. Same; same; estoppel must he as- serted in equity-Where one who Is oc- cupying leased premises as the tenant of the owner, files a bill in equity to en- force alleged rights which he asserts to said leased premises, the estoppel where by a tenant in possession is prevented from disputing the title of his landlord can be set up in court nf equity to prevent the maintenance of such suit.
 4. Same; same; bill for specific per forrnance of contract of sale-Where af- ter tho execution of contract of sale of land. the purchaser leases the lands con- tracted to be sold and goes into posses sion thereof as the tenant of the vendor. he cannot while remaining fin posSession as such tenant, maintain bill against ris landlord who was the vendor to com