The Montgomery advertiser., 1903-05-20

making 1t unlawful to trespass upon tn, lands of another, after being warned no to do so. Code. Sec. 56oe), # the pros ecutor is in actual possession of ths lands trespassed upon. 1t is no defense that the defendant had superior title thereto.
 10. Trespass after warning: offens, committed if defendant refuses to leave after warning .-In . prosecution il, de, the statute making it unlawful to tres. pass upon the lands of another. after being warned not to do so, If, after enter. Ing op the lands, the defendant on be,na warned to leave, refuses 70 do so with. out legal excuse or good cause, he is guilty under the statute.
 Affirmed. Opinion by Dowdeli, J.
 WHETSTONE ct al V. MCQUEEN and
 MCQUEEN V. wHETsrONE, ct al. Bill in equity to redeem lands sold undel
 mortgage.-Appeal from the Chance.
 ry Court of Autauga
 1. Right of appeal does not exist afte, Judgment or decree has been carried into effect.-After an appeal has been taker from judgment or decree, party who avails himself of such judgment vr degre, by coercdng its payment or otherwise en forcing 1t, is held to affirm its correct ness, and is denied the right to vex tn, defendant in execution by requiring lin to Iitigate in the appellate court ovcl matters determined by such judgment ol decree; and this rule obtains except wher, the appealu involves a bona fide dispute over matters apart from or in excess of its adjudication in the trial court. or where the appellate court can clearly see that under the facts presented a new tria ought not to result in diminishing the re- covery.
 ?. Executor and administrator: when final settlement does not amount to dis. charge of administrator.-A final settle. ment of his accounts by an administrator though regularly made and distribution of the funds of the estate to the parties entitled thereto. do not discharge him from further accounting unless there is an order of the court discharging him.
 B. Mortgagee in possession; only en- titled to compensation for repairs; re- demption.-A mortgagee in possession is only entitled to compensation for i'm provements made by him which were necessary to keep the premises in proper repair and, therefore, in suit to redeem property old under a m o-tyage. the mo-t- gagee purchasing at said sale will be allowed to retain from the rents and profits. only the value of the reasonable
 
 necessary repairs.
 4 Equity pleading; when respond ,nt not entitled to amend answer. In suit in equity, where decree has been render ed settling the equities in the case and the register has stated an account in accord ance with such decree. the oh iacs sii-,r does not err ii refusing U allow a defen- dant at the ti1io of the hearing of the report of the register and the exceptions thereto, to amend the ansewr heretofore filed to the hill.
 5. Same; when defendant not entitled to repudiate an answer filed and to file another answer-In a suit in equity, where a decree determining the equities of the case has been rendered and the register has held a reference and stated an account in accordance with said decree upon the hearing of the report of the register. defendant in whose behalf an answer had previously bean fll d. can not, at that time. repudiate such answer and file anotfser answer: and this is especially true where no affidavit or other evidence Is offered in support of the ground on which his application Is made.
 S. Equity pleading and practice; an order of reference may be made in term time-Under Rule 1 of Chancery Practice Code. D. t202). it is permissible for the chancellor to make an order of reference before the register out, of tho regular term of the court.
 [. Same; when note of testimony not required cause in equity Is sub mitted Cor final decree alone on the registers report and exceptions thereto. the rules of chancery practice requiring at the hearing. Rules of Chan. Prac. 76. 7, Code, p. 1210 are not applicable.
 s. Bill for redemption; when decree for rents proper-Where on q bill filed for from under a mortgage, the Chancery Court has assumed jurisdiction for the purpose of dlscharging the mort gage, 1t is authorized to settle the whole controversy, and. therefore. could award the complainant a decree for any surplus due for rents.
 9. Final settlement of administrator; when not discharged from liability.-A voluntary final settlement by an admin istrator and the distribution by him of the assets belonging to the intcstate's estate, do not discharge him from habili- ty, to one who by reason of minority, had not presented claim against the estate; the statute of non-claims not having ap- plication to such minor.
 10. Same: same-The mere want of notice of debt or claim against an estate of a deceased person will not excuse the executor or administrator from the pay ment or satisfaction of such debt of claim, if the assets were originally sufficient to pay the same. although such executor or in ignorance of tho exist ence of the debt or claim has made bona fide distribution of the assets to the heirs or parties entitled to share in the estate.
 l. Redemption; when tenant in com mon can redeem the whole property and is entitled to all the rents-Where the equity of redemption is owned by several persons as tenants in common, one of them may redeem the whole property and is entitled to recover all of the surplus rents and profits shown to be due from the mortgagee in possession, after the of the mortgage debt; and this is true, although at the time of the filing of the bill seeking the redemption, the rights of all the other tenants in com mon were barred by the statute of limi tations. (Dowdell and Sharpe, U. dis senting.)
 Cross appeal dismissed and decree af- frmed cn original appeal.
 Opinion by Sharpe. J.
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