The Birmingham age-herald., 1903-02-07

the river in which his body was found, and there was evidence introduced from which it could be inferred that there was a struggle between the deceased and the defendant and another person just be- fore his body fell or was thrown in the river, there is a sufficient proof of the corpus delicti to authorize the introduce tion in evidence of confessions made by defendent.
 3. Confessions; What Necessary to Show They Were Involuntarily Made The promise which would render a con- fession involuntary in the eye of the law must have relation to the legal conse- quence of the confession itself, so as to involve some assurances of benefit to the defendant in respect of the crime under inquiry, as that he would not be prose- cuted, or that his punishment would be mitigated; and the promise of a mere collateral benefit of protection from the presonal violence of those who acted with him in the commission of the crime is not sufficient to render the confession in- voluntary.
 4. Charge as to Reasonable Doubt-In a criminal case, charge requested by the defendant which instructs the jury that if upon considering all the evi- dence they have a reasonable doubt about defendants guilt arising out of any part of the evidence they must find him not guilty asserts correct propo- sition of law and should be given.
 5. Indictment for Murder, Charge as to Offense Involved-A charge which in- structs the jury that if they have reasonable doubt growing out of the evil dence as to whether the killing was done deliberately or as to whether it was done premeditately. then they can not find the defendant guilty of murder in the first de- gree and if they have a reasonable doubt growing out of the evidence as to wheth- CT the killing was done out of malice. then they cannot find the defendant guilty of murder in either degree, but only of manslaughter at the most; and if, after considering all the evidence the jury have reasonable doubt as to the defendants s guilt of manslaughter arising out of any part of the evidence then they should find the defendant not guilty" is a correct charge, but the refusal of such charge is not error where there is an absence of any evidence tending to reduce the homi- eide to manslaughter.
 6. Charge as to Doubt-In the trial of a criminal case, a charge requested by the defendant which nstructs the jury that
 IT the evidence or any part thereof after a consideration of the whole of such evidence generates a well founded doubt of defendants guilt. the jury must ac- quit him. asserts a correct proposition of law, and its refusal is error. Reversed and remanded. Opinion by Mcclellan, c. J..
 Brooks ct. al. vs Cook ct al.-Action to
 recovery Royalty upon Lease of Ore
 Land-Appeal from the City court of
 Talladega.
 1. Action to recover royalty from lessee; defendants not liable for royalty where leased property does not contain ore; pleading and evidence. Where the owners of land executed lease granting to the lessees the right and privilege to mine all the iron ore in and under said designa ted and for a given period. for which right the plaintiffs were to be compensated by the royalty, and minimum amount of ore to be mined Is stipulated. if, in said contract of lease the payment of royalty be based upon the assumption by the parties that iron ore existed under the land, and it is subsequently, ascertained that no iron existed in the lands, the lessees cannot be held liable for the roy alty stipulated; and in an action by the lessors to recover the minimum royalty provided for. it is competent for the de- fendants to set up as a defense the non existence of the ore and to introduce evidence to show that fact Reversed and remanded. Opinion by Tyson, J. Langley ct. al vs Langley, administra-
 tor. Bill in equity by administrator to
 enforce vendors lien. Appeal from
 Tallapoosa Chancery court.
 1. Bill by Administrator to Enforce Ven dor's Lien; When Cannot Be Main. tained-Where lands belonging to an in- testate's estate are sold for distribution by the administrators under order of the Probate court and at such sale one of the administrators becomes the purehas- CT, and although he does not pay any part of the purchase money. a decd Is executed to him, and upon the final set clement of the administration, said ad- ministrators are charged with the pur- chase price of said lands, and decree is entered in favor of the distributes against them jointly; upon the subsequent resignation of the administrator who pur- chased said lands, the remaining adminis- trator cannot maintain bill against the purchased to enforce a vendors lien; the decree rendered by the Probate court against the administrators furnishing ad- equate relief
 Sharpe, ].
 Steiner Bros vs. Stewart. Action of trov- CT. Appeal from the City court of Bess- emer
 1. Amendment of Complaint; When There Is a Change of Parties Defendant In an action against s.. x B., doing lus- mess as s. Bros.,' an amendment of the parties defendant by eliminating the par ties defendant as originally contained :. the complaint anc substituting in tho r stead as a party S. Eros. corpora