The Birmingham age-herald., 1903-04-01

criminal code" Is defective and subject to demurrer.
 g. Same, same.-In such case plea which ayers that the bond is void because at the time of It's execution the defendant had hired less than fifty state and county cenvicts. and that the convicts for the hire of which said bond was given were to be worked outside of said county, Is defective and subject to demurrer
 8. Contract for Hire of County Con victs; When Not Vlolative of Statute: Sunlclency Of Plea.-Where a contract Is made for the hire of all of the county eonvicts of a particular county, which are to be worked outside of the county, such contract Is not, In its terms or on It's face, in violation of the provision of the statute which prevents the hiring of less than fifty conVicts to any one per- son (eode. section 4476); and in an action to recover for the breach of bond given to secure the performance of said con- tract a plea which sets lip that the con tract was in violation of said section. but does not aver that It was for the hir- ing of less than fifty conyicts. Is entirely defective.
 Affirmed. Opinion by Dowdell. J.
 Norwood vs. Washington. Administrators
 Bill in Equity by Surety for Contribu-
 tion-Appeal from the chaneery Court of
 Jackson.
 l. Mortgage: Conveyance Imperative to Vest Title in One Who is Dead But Named as Grantee-Where an adminls- trator executes a mortgage of indemnity to the suereties on the administrators 8 bond, but at the time of the execution of such mortgage one of said sureties named as grantee or mortagee therein was dead such mortgage as to the dead surety Is imperative to convey title, and by such conveyance the legal title is vested in the other surety.
 2. Executor and Administrator; Effect of Mortgage or Indemnity-Where an admin istrator executes a mortgage of indem- nity to his sureties and there is contained in such mortgage a covenant that the ad- ministrator might sell at any time the lands conveyed therein for the purpose of paying all ascertained indebtedness against him in favor of the heirs of his intestate, and subsequently the lands are sold by said administrator and the pro- ceeds of the sale are in fact applied in payment of a decree of the Probate court ascertaining and declaring indebtedness of the administrator to said heirs, the sureties who were named as grantees or mortgages In said mortgage can claim no rights hereunder, and by reason of said sale possess no security which they could compel one of their co-sureties, seeking contribution, to appropriate to the common liability.
 3. Surety an Existing Creditor of Co., Surety; Burden of Proof in Suit Attacking Conveyance of Co-Surety for Fraud-A surety is an existing creditor of CO., surety from the date of the execution of the common obligation and as such Is entitled to protection against fraud ulent conveyance made by his co-surety. at any time subsequent to the common obligations; and in bill seeking contribu- ton from such co-surety or his grantee, where the complainant attacks a convey anee from such co-surety to his son as being fraudulent and made to hinder, de- lay and defraud his creditors. the burden Is upon the grantee in said conveyance to prove the bona fidenoss of the transac- ton assailed
 4. Vendor and Purchaser; When Abate- ment of Purchase Price not Allowed for Deficiency in Quantity of Land Sold Where lands sold and conveyed are de- scribed by government numbers or by metes and bounds and gross valuation is l paid upon the lands by the parties te the deed and the lands are not sold a | certain price per acre. the purchaser ol 1 said land is rot entitled to an abate ment of the purchase money by deficien- l cy in acreage, or in the quantity actually 1 sold and purchased Affirmed. Opinion l by Dowdell. J.