The Montgomery advertiser., 1903-03-04
FLICKER V. FAIRCLOTH.


 Aetion of Trover.-Ap2eal rom 'he Cir
 cult Court of Henry.
 1. Forfeiture fl property used In the
 emoval of liquor to defr.tud Govern
 ment: affect thereof as to transfer of title to property.-Under the provisions of Section 3A50 of the Revised Statutes of the United States declaring among other things that animals used for the reno val of whishey or spirits with the intent to defraud the Government shall be forfeit ed to the Government, the forfeiture so provided for takes effect immediately up- l on the commission of the act vesting the | right to the property in the United States, although the title of the General Government is not perfected until judi cial condemnation; and the subsequent condemnation relates back to the time of the commission of the offense and avoids all intermediate sales and alterations even to purchasers in good faith. 2. Same; construction of revised stat utes; goods includes animate property. Under Section 3460 of the Revised Stat utes of the United States that fin all cases of seizure of thy goods, wares or
 merchandise as being uoJect to forfeiture under any provision of the Internal Rev enue Laws" etc, the Collector shall proceed according to a method prescribed therein to have such goods, wares and merchandise listed and appraised and advertised for claimants, and in case no claim is interposed, in thirty days to sell the same at auction. after publishing notice for ten days of said sale, the terms goods, wares and merchandise" includes mules or horses used for the removal of whiskcy with intent to defraud the Gov ernlnent.
 3. Forfeiture of property for violation of revenue laws; purchaser at sale by Collector acquire title.-Where property has been seized Dy an Internal Revenue Collector as having been used for the re- moval of whiskey with the intent to de- fraud the General Government. (Re yised Statutes of the U. s., Sec. 345I, and in accordance with Section 3460 of ths Re- wis d Statutes of the United States, the Collect has listed and appraised the property and advertised for claimants, and no claim being interposed published notice for ten days of the sale of said | property at auction, such sale upon being | made by the collector ts not without due process of law, and the purchaser of the property at such sale acquires title there to as against one who does not show that he became the owner of the property
 prior to its use n the removal of the
 whiskey in violation of the Federal Stat | utes.
 Affirmed. Opinion by Sharpe. J.
 CHATTAHOOCHE & GULF RAILROAD COMPANY V. HERMAN.
 Action for Damages for Injury 60 Real ty.-Appeal from Circuit Court of Henry.
 1. Independent contractor; owners lia- bility for negligence of.-An owner or proprietor is not liable for the negligent acts of an independent contractor 2. Same.-The owner or proprietor Is liable for the act of an independent con- tractor, where the contract itself calls for the doing of the act causing the in- jury and damage, and the act is done in pursuance of the contract
 5. Same; liability of railro Id companv for injury to real estate due to erection of embankment by Independent contrac- tor.-A railroad company. which had nothing to do with the construction of its road further than to inspect and pay for the work after the same was com pleted, is not liable for injury to a lot by reason of the erection of an embank- | ment in front of same, in the construc- ton of the railway by an independent contractor, who made the survey and | fixed the grade for the railroad and in the construction or the road had the eXclu- sive management and control of the work, the embankment not being called for by the contract or necessary in its performance.
 4. Forts; joint and several liability parties participating in a wrongful act. directly or indirectly, whether as princi- pals or agents, or both, are jointly and severally liable for the wrong done where | injury results.
 Reversed and rendered. Opinion by 1 Dowdell, J.