The Montgomery advertiser., 1901-10-05

GRIFFIN CHATTANOOGA SOUTH
 ERN RAILROAD co.
 Statutory action of ejectment-Appeai
 from the Circuit Court of Cherokee.
 1. Homestead; alienation thereof; entry of government lands.-where a married man has procured a homestead certificate for government lands. and he and his family enter upon said lands, improve and cultivate it and claim It as his home stead, 1t is, pending the time from entry to the time of procuring the patent, the homestead of the entryman; and con- yeyance to a railroad company of the right of way through said lands which is executed before he procures patent thereto. is void and intellectual to pass title. unless it Is signed by his wife who makes an acknowledgement of her sigma ture to said deed separate and apart from her husband as required by the statute. in the conveyance to the homestead.
 Reversed and remanded.
 Opinion by Tyson, J.
 
 RRoMBERG V. SANDS. Admr. Action for money had and recelved.-Ap-
 neal from the Circuit Court of Mobile 1. Action by administrator of residuary legatee; when maintained.-In VIII which was duly probated, testator. after making certain specific bequests and de- yises, bequeathed and devised the residue of his estate to two nephews Constitut- ing a part of the residuary estate was claim for a bond for one thousand dollars, which had been stolen from the testator a short time before he made his will. This claim was not inventoried as a part or the testator's estate, nor in any wise taken account of by his executor in the admin istration of said estate. After the exc cutor had made final distribution to the residuary legatees, had fully settled his executorship; had his accounts audited and passed upon by the probate court. and a decree therein entered discharging and acquiting him as executor, one or the residuary legatees. who was a non- resident of this State died. After the death of said residuary legatee. the att torney who represented the executor or the testator throughout the administra- ton of the estate, as his attorney, col- Iected several hundred dollars on the claim In respect of the bond which was stolen from the testator, as stated above. Several years thereafter he paid to the living residuary legatee his one-half in- terest in the sum so collected, but refused to pay to the administrator of the estate of the deceased residuary legatee the re- maining one-half of the money so col lected by him. Held; that the adminis- trator of the deceased residuary legatee can maintain an action for money had and received against the attorney who had collected said money, for the interest belonging to the intestate residuary. legatee
 ?. Appointment of administrator: col- lateral attack.-Where petition for let- ters of administration ayers among other things that property belonging to the estate of the intestate was held by party in the county where the letters of administration were sought to be taken out, and that said property came into the hands of such person after the death of the intestate. shows property of the estate in the county in which the letters are sought to be issued. and the appoint ment of an administrator upon such peti- ton is not void on its face. and can not be attacked collaterally.
 B. Statute of limitations: action against attorney.-In an action against an attor- ney who collected money which belonged to the estate of a nonresident, where 1t is shown that demand was made upon the defendant for the money sued for. sea- sonably after 1t became known to those entitled thereto that he had such money. that they were not at fault In failing to acquire knowledge of the fact earlier. and that the suit was brought as soon as practicable thereafter. which was more than seven years after the money was collected, the plea of the statute of limi- tation can not be sustained.
 Affirmed.
 Opinion by Mcclellan, c. J.