The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-03-17
Supreme Court Digest.
Rerorted by jos l. saueuD

REPORTED by Jos l. saweu)
MoREHEAD. ct Al ys. HALL II Al.
from caFteret- M error.
Tie plaintiff ia action 10 recover land
must hase title ana r5ka; 10 po-ssoo
not only n t1c time ~ the trial bret st
the time the suit Was Instituted. and this
rule is not affected by chapter IA. AIs
1901. extending the time ~ registration
OF grants from thu State.
MAY. appellant IS. LEWIS From PIT.
Affirmed.
when The terms heirs" and next e
kin" are unexplained by the context. the
word heirs retains is primitive and
technical meaning and next % kin" si0
be held - mean next OF Kin e the sta
ute OF distributions.
Where there i a devise TO u. ". ot
my entire estate IN the land ..-.t To
be his during his natural life. and al the
death | give said land 10 his heirs. II any.
TO be theirs in fee simple forever. and
If he dies without heirs. said land 10 re-
vert back to his next OF kim" Held. that
the limitation TO the next OF kin. IN
the event OF the death OF the dcy3sse
without heirs. + valid as an executo.y
devise. that the rule in Shelley case
does not apply and the dcsisee takes
for life.
EDWARDS vs.. A. c. l. RAILROAD
Co. appellant. From Wilson. New
trial.
Where the trial judges gives conflict
ing instructions upon a material point
q new trial viii be awarded.
1t is not the duty Of an engineer. a. q
\ oepnral r4sIo 70 ,ca hn+b thn I'LL v8
the whistle in giving signals OF the APP
proach OF the train 10 n public crossings;
and where, in an action To recover for
the death Of palintiff's intestate resulting
from his collision with Defendants train
at a public crossing. the trial Judge in
structed the jury that defendant was re-
Quired to give notice near a public
crossing, the trial judge instructed the
jury that defendant was required 10 give
notice near a public crossing OF the com
!, ing of its trains, either by ringing the
bell or sounding the whistle. or both, and
afterwards instructed them that II was
defendants duty at such times TO ring
the bell and also sound the whistle, n new
trial viii be awarded.
:. Instructions which are subject, even by
implication, TO a construction involving
an erroneous principle, viii be regarded
5 as prejudicial.
GROCERY co. appellant IS. DAVIS.
From Franklin No error.
Where consigned goods were to be &C.
counted for at invoice price and gods
unsold to be returned to the consignor,
and no stipulation against consignee' s
selling on credit, the c~onsignee is liable
only civilly for the invoice price of the
goods onI tho copCioIor "conpo+ hold him
in arrest and bail for deficiency not due
to misappropriation or emDeZZlcment.
: In such case it is competent for the
4 consignee to show that the deficiency was
due to theft of a third party, failure to
collect on credit sales, and sales Of goods
at under prices to induce the sale Of
others.
PORTER. appellant VS.. ARMSTRONG
From Gender. No error.
An injunction will not lie when tho
plaintiff has an adequate remedy at law
, nor when the complaint fails to allegf
= that defendant is insOlvent and unable
to respond in damages, or when it doe!
not contain specific allegations of tac'
that the apprehended danger will be ire
parable.
Where defendant threatens to block III
\ a natural depression into which the wa
ter from plaintiffs land drains, which &C
s will nave the effect of ~ponding water OF
plaintiffs land, the plaintiffs remedy il
: eith"~ ~ an action at law when the ap
pretended act has been committed. OF
proceeding under chapter 30 of The Code
whereby be may clean out and deeper
g the channel on defendants land.
PORTER VS.. BRIDGERS. appellant
$ From Edgecombe. New trial.
Plaintiff conveyed the standing timbe
upon his land to c.. in trust that upoi
certain part payments of the purchas'
price by j to the trustee G., the trustee
should permit j to commence cutting tht
the timber for market, and when the en-
> tire purchase price was paid and WheI
: all the wood had been cut>and measured
ready for shipment. the trustee shoult
: convey the same to j. J. conveyed hi,
interest to defendant, and, the part pay
; ments having been made. the "dcfendan'
: cut four thousand cords of wood anc
piled it along the railroad for shipmcn
and over one thousand cords were dc
stroyed by fire. This action is 20 re.
cover Of defendant the value Of the Woo
! which was destroyed. There was evi
: dence that, to avoid danger OF fire, tbs
trustee permitted defendant to ship par
cells of the wood without measuring i
and before defendant had paid for it
the measurement for the purchaser TO b.
accepted, and that the purchaser should
measure the wood and pay for it at once
Held that title to the wood destrCyel
was in the plaintiff and the defendan
is not liable for its loss.
Ie RIDDICK, appellant VS.. FARMERS
e LIFE ASSOCIATION. From Pitt. At
e firmed.
o Where the certificate Of membership
II in a Benevolent Life Insurance Associa
IS ton provided that the annual duie
should be paid at or within thirty day
after each annual meetin, that failur
to pay the annual dues and assessment
should forfeit membership and the AT
ticles of Confederation OF the Associa
ton did not require notices Of the an
nual dues to be given, but the secre
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