The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-05
Supreme Court Opinions
(Reported by Jos. L. seawell).


state Y. Andrew Jackson, appellant. q'rom Lin
S SOM ~r~~rYmygw
Where the act or language OF person may be
attributed to a criminal motive or TO = motive
not criminal, the law will ascribe 1T to the lio-
cent motive, but this presumption Is feputtaple
G. F. Seaman ct al V. Nettie Seaman ct al, ap'
pellants (From McDowelD.
PARTITI0N-INFANTS.
Dover should be allotted before partition 81
the land to the heirs at law, ana the rlSh's oi
the infant heirs should be protected
The heirs NAV Join the widow in an Application
for dover CT they may be adversary parties
II Hanes at al '. w. E. Hotel & Land Co,
at al. From Forsyth. Appeal by defendant
DEDICATION TO PUBLIC UsE-sALE OF
LAND By MAP.
land into lots and designating in map Thereon
certain portions being set apart to streets ana
public squares and selling Tie lots by reference
TO such map, is held to have dedicated the por-
tions represented as streets and public squares
does not apply to lot represented upon the
map 4 hotel site.
ed
state '. spaugh & Beckel, appellants. From
NEAT DEALER-FARMER- 81 CHI. II
LAWS 1899.
farmer who buys cattle and retals the beef
from his wagon after tattenlng the STOCK upon
his farm is within the exception to Section 81
Chapter IL Public Laws 1899, which excludes
FARMERS vending their products and without
regular place of business, and he is not liable
to the license tax imposed by said section upon
meat dealers
Sarah Cawfield v Amos Owens, appellant From
HUSBAND AND WIFE-SURyIyING MORT
GAGEE-POWER OF SALE.
Where the marriage and the acquisition OF the
klnnAn udn EIna
by the husband without the joinder OF the wife
is valid, affirming Sutton V. Askew, 66 \. &. IT,
A mortgage to two with power OF sale beng
a power coupled with interest can be executed
by the survivor
r. Mcmillan ', saIlie Hogan ct al, appellants
(From Cumberland).
TAX TITLE-INFANT HEIRS.
Where land is sold for on-payment of taxes.
and the tax delinquent dies within twelve months
thereafter, leaving minor children, the purchaser
| is entitled to his deed at the end OF the twelve
months unless some one has redeemed the lana
for the infant heirs
State V. Dixie Williams, appellant. (From
| MURDER-JUDGE's CHARGE EYEWITNESS
| EVIDENCE
is not error to submit to the jury the phase Oh
| murder in the second degree.
The previous declarations of witness are com
| petent in corroboration of statements made oil
| the stand.
| State V. John II. Rose, appellant (From viii
SOM.
| MURDER EYIDENCE-EXCEP
| Where all the evidence shows killing by "
| ing in wait and the question is solely as 10
| whether the prisoner was the slayer, the judge
| properly told the jury to return verdict of
/ guilty of murder in the first degree or mot
| guilty
An exception that the verdict is against the
| weight of the evidence is not renewable.
]
State '. J. L. WEIGH appellant (From Macon
| PRACTICE OF MIDWIFERY WITHOUT Ii
! CENSE.
/! A man who practices midwifery without a
medical license is indictable. All the questions
raised by exceptions in this have been passed
| upon in State VanDoran, 100 n. c. S64 and
State v Call, III n. G. 64S, which are affirmed
/ POWER OF ATTORNEY --AGENCY-SALE OF
LAND UPON COMMISSION STATUTE OF
/ power Of attorney unless coupled with an in
| terest. is revocable. An agency to sell real es.
| tate commission is not such agency and If
/ revoked before sale made by the agent he not
recover commissions because after the revocation
/ he finds purchaser at the specified price.
/ An oral agreement for a commission to sell
realty il not barred by the Statute OF Frauds so
| far as recovery OF commissions for service rem
/ dered. though ii would be TO action for spe-
/ ciic performance by conveyance OF the land
| Huvett Smith Manufacturing Co, appellant vs.
| Ralph Gray ct al. From Cravenl.
| SALE OF ACKNOWLEDGEMENTS
| MENT OF PURCHASE PRICE.
| Where a purchaser accepts article which
| doris not come up,t to the warranty he can abate
tho purchase price by the difference between the
value OF the article it was represented aud Its
| value. rs delivered but if there was no article OF
| the kind represented, the value of such ideal ar
/ ticle can not he assessed and the abatement will
/ be the difference between the purchase price and
/ the value of the article delivered.
| Former decisions in this case reviewed
4
1 Mary f. Benedict. Xxx VS. II. c. Jones ct al
/ appellants. (From Buncombe)
| PAYMENT OF lNTEREST-SURETY- RELEASE
I--EXTENSI0N OF TlME-SECTION 500 OF CODE.
| The acceptance of payment Of interest does not
| release the suretes to the debt. TO have that
| effect there must be contract by the creditor
| 10 extend payment for a fixed definite period.
| In an action by personal representative of a
deceased creditor against the principal debtor
/ and sureties, the plea by sureties of release
! by OF extension of time to the principal
debtor the latter is an incompetent witness un.