The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-01
Supreme Court Decisions.
tReported by JOS. L. seawell.)

u. III
SCULL,, appellant, VS.. AETNA LIFE IN
SURANCE co. From BERTHE Reversed.
An insurance policy issued for the
benefit of the children of the insured
vests in the children then in esse but
will let in after born children. Coming
land vs.. Smith, IS N. C. SO3; Hooker VS..
Sugg, 102 N. C. lis, cited and distin-
guished.
COUNTY BOARD OF EDUCATION, ap-
pellant. VS.. TOWN OF GREENVILLE.
From Pitt. Affirmed
Where, in an action by the County
Board of Education against a town to
recover certin fines and penalties col
lected by the town, the defendant plead
ed sections 756 and 757 of The Code in
bar of the recovery of those collected
more than two years after the PLAINTIFF
demand, it was held that plaintiff can
recover only such as We're collected two
years prior to demand. Board of Edu-
cation VS.. Asheville 1913 N. C. 249 dis
tinguished
NORMAN VS.. HALLSEY, appellant. From
Washington. Action dismissed.
Wherea mortgage sells under power of
sale and receives an amount in excess
Of his debt, he is not required, before
paying the excess to the mortgagor. to
ascertain whether there are incum-
brances Of the mortgagor subsequent to
the mortgage debt.
Whereas, in such case the excess was
paid to the mortgagor without notice of
subsequent membranes, the mortgage
Is not liable in assumpsit for such ex-
cess to subsequent (judgment) credi-
tor of the mortgagor "as for money had
and received to the use of" the subse-
Guent creditor
A judgment creditor has no title to
an estate or interest in the land of the
Judgment debtor; he has a lien thereon
which he may enforce either by execu-
tion or action In the nature of a bill
in equity to enforce the lien
The assignment OF a note and mort
gage securing it, does not vest power of
sale in the assignee. 104 N. C. 621; 12O
N. c. 312
JULIA A. HOPKINS VS.. r. B. HOP
KINS, appellant. From Pamlico. Ac-
ton dismissed.
The requirements of section 1887 of
The Code in reference to the affidavit to
be filed with the complaint in an action
10 OA'oiNO' al IHdIludbOTy, and Tall-
IRE to comply Herewith deprives the
court of jurisdiction.
r B. HOPKINS, appellant, VS.. JULIA -.
HOPKINS. New trial
Where one of the parties introduces
part CT conversation, the other party
is entitled to have the entire converse
tion introduced.
In the trial of an action by the hus-
band for divorce upon the ground of adul-
terry of the wife, the defendants counsel
while addressing the jury, was permit
ted over the objection of the plaintiff,
70 take the little child of defendant in
his arms and exhibit it to the jury and
urge the jury not to find defendant gull
ty because ii would ruin her character
and disgrace and bastardize the child,
and defendants counsel after objection
by plaintiff and without evidence to sus-
tain the charge. repeatedly stated in adj
dressing the jury that the plaintiff had
bribed witnesses to swear falsely, and
the trial judge refused to interrupt him;
Held. error and a new trial is awarded.
122 N. c. S62; 12S N. C. All; 131 N. c. 7O1.
STATE VS.. SPIVEY, appellant. From
Halifax. Affirmed.
To disqualify one from serving as "a