The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-20

portioned under chapter ESQ, public laws
of 1889.
The rights of an upper tenant in drain
ing his land through a natural water
course flowing from his land to the land
of lower tenant do not apply where the
2"aE ng is through an artificial canal not
Gro'i the upper tenants land. said canal
not beins construed to mean a natural
water COURSE" Mizell VS. MCGOWAN at
this term, distinguished. The remedy in
such case is by proceeding under chapter
30 of The Code.
ROWE VS.. CAPE FEAR LUMBER CO.,
Petitioner (from Pender.) Petition al
lowed.
Rehearing Boundaries. Swamps.
Rehearing Of this case reported in 12S
n. c., SOL
grantees title does not extend to the
run of swamp unless the deed express
ly calls for that line. And where the
calls are for the banks of the swamp and
thence along the swamp the grantee takes
no further than the outer edge of the
swamp.
EDW. HERRING, Guardian, VS.. MARY
F. SUTTON, Executrix ct al, Appel
lants (from Lenoir.) Affirmed.
+ Guardian and Ward. Trusts
Where a father, who is the guardian of
his children insures his life for their
benefit and his sureties were Influenced to
sign his guardian bond by the promise
that the policy was for the protection of
his wards and sureties, the policy vests
in the wards and trust is not raised for
the benefit of the sureties
JESSIE R. STRAUSS, Executrix. VS.. CITY
OF WILMINGTON, Appellant New
Trial.
Action for Damages. Death of injured
party. Issues.
Action for personal injuries not result
ing in death does not survive the death
of the injured party.
Action by executrix to recover damages
for injuries Sustained by testator alleged
to have resulted IN his death; answer de-
MED tina the injury was due to the negli-
gene OF defendant or that the injuries
clused testator's death; Held that the
pleadings did not raise the issue WAS
the testator injured by the negligence OF
defendant"
WESLEY BURNF''--- AND WIFE, Appel
liant, vs. J. r. SLEDGE ct al, Execu-
tors (frI-h Franklin) Affirmed.
Principal and Surety. Indemnity Evil
dence. Application of Payments.
Plaintiff was indebted by notes with
surety to several parties and executed to
his surety mortgage on real and per-
sonal property indemnifying surety
against any loss resulting from default
of principal. Surety died and his execu-
tors found several notes among testator s
papers executed by plaintiff to testator,
but found none of the original notes
Held, that admissions of plaintiff to exc
cutors that the notes found were for
money secured in the indemnity mortgage
was evidence in establishing the fact that
the surety (testator) had paid off the orr
ginal notes
Where the surety is Unidentified by
mortgage, executed directly to him by the
principal against loss by reason of his
having to pay the notes to which he is
surety, il is not necessary for the surety,
upon payment of notes, to have them
. transferred to trustee for surety S
benefit, in order to preserve his security.
The security rests in the mortgage and
not in the notes.
Payments made to creditor holding sew
eral debts against debtor. may be applied
by creditor to either of said debts. or in
part payment of each unless otherwise
instructed by the debtor before the
credits are entered.