The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-15


sons to decree a lien on 426 acres of land.
Betterments are only allowed by Sec
ton ATS of The Code to a defendant
against whom judgment has been render
ed in an action of ejectment.
The will of Allison Strickland devised
all his land to his widow during widow
hood and to his six children in fee, eX-
cept 81 acres, specifying the number of
acres to each. In 1892 under proceedings
by the widow as executriX the undevis
ed "a acres was sold to make assets to
pay debts of the testator. In 1895 the
plaintiff, as creditor Of the testator, in
tervened in said proceeding and obtained
an order for resale of the 81 acres and
sale of all the realty, which with the
exception of S. acres to the widow in
lieu of dover, was sold and purchased
by plaintiff and the sale confirmed In
1900 the plaintiff began this action to
recover CT A. S. Strickland 80 acres de-
vised to him by Allison Strickland. Upon
appeal this court decided, (129 N. G.
$40, that the proceeding of 1895, ordering
a sale Of all the realty, was irregular and
that the judgment therein should be set
aside. Pending that appeal the plaintiff
was allowed to amend his complaint and
make the widow a party and defendant
excepted. At NoVmber term, 1901, judg-
ment was entered in the original cause
that plaintiff surrender possession of all
the land to the widow as life tenant, and
plaintiffs appeal therefrom was dismiss
ed. Q30 N. c. 44). At August term,
1901, plaintiff was again allowed to
amend complaint and summons and make
all the devisees and heirs at law of Ali
son Strickland parties, and relief was
asked to subject all the lands of testa-
tor to payment of court costs. lawyers
and commissioners fees, etc, incurred in
the foregoing proceedings and taxes, in
additionto to betterments placed on the
property by plaintiff, and the defendant
appealed;
Held that the action be dismissed.
PORTER, appellant VS.. r. & G. RAIL
ROAD co. From Vance. New trial,
Action to recover damages on account
of alleged negligence of defendant in
failing to ship plaintiffs furniture. The
plaintiff had moved from Henderson, n.
c., to Alexis ILL.,. and his furniture was
prepared for shipment by one in Hen
dersou and rendered to defendants
freight agent at that point The demand
for prepayment of freight was not COM
piled with. but there was evidence that
defendants agent agreed with plaintiffs
agent that. upon defendants agent being
notified by the agent of defendants con-
Meeting line at Alexis that the freight
charges had been paid by plaintiff, the
furniture would be shipped; that plain
tiff was notified of the arrangement and
paid the freight charges TO the agent of
the connecting line at Alexis on the 18th
or goth of July and defendants Western
agent was notified of the transaction on
the same day. and the agent Of the con-
Meeting line also notified plaintiff same
day that the necessary arrangements had
been made for shipping his goods, and
on the 23rd of July the Western agent of
defendant notified its general freight
agent of the entire arrangement and re-
quested him TO have the goods shipped;
the defendant did not repudiate the ar
rangement but took steps to carry it out,