The news & observer., 1905-12-16

that one partner cannot sue another
in q special transaction which may
be made an item of charge or dis
charge in general partnership ac-
count does not apply.
2. Code Section 291, sub Section 4
providing for order of arrest applies
to fraud committed after the debt is
contracted, as by concealing property
or other devices, and the plaintiff hav-
ing his right of action at law, is en-
titled upon the facts shown to his an
cillary remedy.
y. Is. Fortune VS.. Commissioners of
Bunccmbe County. appellants, from
Buncombe. Reversed.
Action for manuamuS brought by
plaintiff register OF deeds whose term
commenced on first Monday of De-
cember. 1904, and ends December 1st
1906 The present board of commits
sioners went into office at the same
time as plaintiff and for q like term.
Under the provisions of Chapter $50,
Laws OF 1905, (the Machinery Act)
Section "a applying to registers of
deeds requires that the tax lists be
turned over to them for the purpose
of computing the taxes and making
out the tax lists with proper compen-
satiOn to be fixed by the boards of
commissioners. Chapter 103, Laws of
1905, provides for the appointment of
an auditor for Buncombe county,
among whose duties is specifically
named that of preparing the tax lists.
The plaintiff duly demanded the tax
books of the commissioners, which
were refused and handed over to one
Stokeiy. elected auditor under the pro-
visions of said Chapter 703 with term
of office beginning July 1st, 1905, and
the books and blanks delivered to
the plaintiff by the State Auditor were
turned over by him to said Stakely
under protest The Machinery Act
was ratified March 6th, 1905, and
Chapter 703 creating the office Of
auditor was ratified on March 4th,
1905. There was Judgment that plain
tiff was entitled to the tax books and
to perform the duties in regard there
to specified in Chapter $50, Section n,
and to receive compensation for his
services in that behalf and defendants
appealed.
Held: Under the rules for the inter
probation of statutes the court may
cali to it's aid anything in the act it
self or in the alleged erroneous de-
Scription therein which sufficiently
points to something else as furnishing
certain evidence of what was meant,
though the reference to the eXtraneous
matter may not in itself be full and
accurate.
2. Where an act creating a new
office prescribes among the duties to
be performed by such officer those
prescribed in a certain section of an
act passed at the same session with
out naming the chapter and it APP
pears that the section referred to was
the only section of that number in
any act passed by the Legislature and,
moreover, that the section whose pro-
visions are sought to be amended was
confirmed in an act then pending in
the Legislature. the fact that the act
sought to be amended and evidently
within the intent of the amending
statute was ratified two days later
than the amending statute cannot OPP
crate to defeat the will of the Leg
islature thus sufficiently declared.
w. T. Whitaker W.. :. II. Cover ct al.
appellants, from Cherokee. Affirmed.
Held: General calls in a deed or grant
control in locating the land described
in the instrument subject to the eX-
ceptionl that when n natural object or
monument is called for and can be
located and identified it will control
a cali by course anu distance, as will
also the line of an adjacent tract
called for in the instrument and
known and established at the date of
its execution.
Frank May ~. q. 4. tGOHiiS ct al,
appellants, frc-0 AZ. Cd New
trial.
Action on notes alleged to be due
for purchase of timber Defendants al
legged false representations made as
to the amount of timber standing on
the tract purchased. Plaintiff relied
on negligence of defendants sufficient
to bar them from setting up claim
of fraudulent representations. At the
close of the testimony the court de-
clned to submit the issues on the de-
fendant's counter claim. dismissed the
same as on Judgment of non-suit and
gave judgment on the notes
Held; 1. Where it appears that de-
PENDANTS were induced to purchase the
timber by direct representations as to
it's amount, when one of the defend
ants was too sick to make an exam
ination of the property and relied on
such representations in making the
contract and there was further testi-
mopy tending to show that plaintiff
advised the parties not to make in
duiry as to the land proposed to be
purchased such testimony, taken in
the case Of nor-suit as true, constitutes
y deliberate fraud and should have
been submitted to the jury-false rep
LeSentations as to material facts know
ing.y and Wilfully made as an induce
ment to the contract reasonably relied
upon by the other party and causing
m annIUino to con-