The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-06-13
Supreme Court Decisions.
(Roportcd by Jos. L. seawell)

(Reportcd by Jos. L. Seawell.)
STRAIN VS. FITZGERALD. No Error.
Prescriptions. Deeds. Seal.
| There can be no presumption of fact
unless other facts are proved or admit
! ted which form a chain, and one fact, II
proved, does not form a chain of facts.
/ A paper writing in the form of deed,
| is rot a deed unless it has seal
Where a sheriff's deed for land sold for
| taxes has been lost and the copy on the
registration books is offered in evidence
but has no seal thereto, the law viii not
| presume from the words in the copy,
| "Giycn under my hand and seal that
| the original bore a seal Patterson VS..
| Galliher, 122 N. c.. Sill; Heath VS.. Cotton
Mills. 115 N. c., 2O2; Quinnerly VS.. Quin-
| nerly, ia n. c., 145 and Aycock VS.. Rail-
road, 50 N. c., 321, distinguished.
RReOADFOOT vs.. FAYETTEVILLE.
Modified and affirmed.
Unconstitutional Statute. Interest. Ar
ticle VII, Sec. I, of Constitution
part of an Act of Assembly may be
constitutional and a part unconstitu-
| tonal.
In cases where interest is contracted
for, the interest is an integral part OF
the debt and is collectible as a part of
the debt after payment of the principal.
King VS.. Phillips, 95 N. c., 245
But where the commissioners OF a town
are authorized by Act of Assembly to
| fund the bonded indebtedness OF the town
, by extending new bonds in like amounts
! in payment of the old bonds, and provid-
| ing for larger amount Interest upon
! the new bonds than that of the old bonds,
| the portion of the act authorizing the in
creased rate of interest is void as con-
trary to Article VII, Sec Z, of the Con-
stitution. and only the principal of the
bonds can be recovered, with interest
from the time of their maturity.
VANDERBILT VS.. PICKLEsIMER. New
| trial.
| Eiectment.
Plaintiff undertook to show title to land
in himself, not ~ proving title out of
| the State and thence down to himself,
but by showing that he and the defend
ant each claimed from a common source.
But owing to the absence Of deeds and
papers. which are important, and some
confusion in the evidence as contained in
the record, the court send the case back
/ Al
merits of the controversy.
SKINNER VS.. w. & w. RAILROAD CO.
No crrcr.
Negligence Accident
The party injured was a passenger,
and on reaching his destination was
standing on the platform of the coach,
about to get off the train, supporting
himself by putting his hand on the facing
J of the coach door. The train was moved
gently forward. without Jerking, to get
in proper portion to take on baggage,
and stopped The door shut itself and
caught his hand in the lam and injured
/, it; Held to be purely an accident, and
that the court below upon the evidence
committed no error in granting the de-
fendants otion to dismiss the action.
Nance VS.. r. c.. % n. c., 623, cited Gad
distinguished.
VANN VS.. EDWARDS. New trial.
Married Women. Transfer Ct rotc
without consent of husband, Presumption
arising from possession of note
Action to recover amount of a note
i originally the sole and separate property
of the wife of plaintiffs intestate who
was the mother of defendant, and who
died before her husband, the father of
defendant. 1t was executed by the de-
PENDANT TO his mother and by her trans
ferred to defendant without her husband s
knowledge or consent; Held, under Wal
ton VS.. Bristol. 125 N. c., 419, that the
note would have passed to the husband
as his property upon the death of the
wife subject to payment of her debts,
4 LOT, inn
| nothing; but, here, there was evidence
that the note had been in the possession
of plaintiffs intestate after the death
fhs wife. and was in defendants pos
| session at the time Of the death of plain
| tiff's intestate, and it was held that the
| trial Judge committed no error in charg-
| ing the Jury that the law presumcs the
| possession of the note lawful. and that
the burden was on the plaintiff to satisfy
| the jury that it was otherwise.
COMMISSIONS OF BEAUFORT VS.. OLD
DOMINION STEAMBOAT co. Action
| dismissed
| Foreign Corporations. Taxation.
/ A foreign steamboat corporation oper-
ating in this State and having domesti-
Gated under the Craig law. is liable for
taxation for such proportion of the whole
value of its capital stock as the length
of it's lines within the State bears to
the length of its lines elsewhere, less
| the value of its tangible property in this
State. 165 U. s., /; Laws 1899, chapter
| 10, section 49,
| The assessment of the capital stock Of
such corporation must be made by the
Corporation Commission and not BY the
| County Commissioners.
JAMES vs.. MARKHAM. Affirmed.
Deed of Assignment Judgment.
Where the creditor of an insolyent
debtor, whose debt is secured by the
debtors deed of assignment, becomes the
| assignee Of a Judgment against the debtor,
taken before the deed was executed, and
said assignee of the judgment sell under
execution thereupon prcptry mortgaged
by the Judgment debtor to secure bona
fide creditors subsequent to the Judgment
but before the deed of assignment, and
the sale is made after tender by the
MORTGAGE of the amount of the judgment,
and after knowledge of the fact that the
property conveyed in the assignment is
sufficient to pay said judgment, the sale