The Montgomery advertiser., 1906-11-11
party, CT those from whom he claims,

party, or those from whom he claims, under claim of right
 z. Same; jury question---where the evidence tended to show that the grantor of plaintiffs ancestor had pos session prior to the sale of the land for eight years, after which plaintiffs ancestor paid persons to look after the lands and go over 1t several times and paid the taxes to his death, when his sons paid the same, whether or not plaintiff has title by adverse posses sion was a question to be submitted to the jury.
 g. Appeal; assignments of error; ex- clusion of evidence; sufficiency--Where the assignment of error related to the exclusion of evidence on defendants motion. and referred to = page of the record. and 1t appears that the court sustained two separate motions to ex- clude testimony. one of which was cor rect the assignment cannot be con- sidered
 9. Same; admission of evidence: harmless error.--Where witness identified a paper as a deed, which was in fact deed and introduced in evil dence, the failure to exclude her opin- ion or conclusion as to what kind of instrument 1t was, was harmless err TOT.
 10. Evidence; opinion evidence; ti- tle.--It was proper not to permit a witness to state that he was in pos session, of the title.
 Il. Deeds; execution; witnesses.- Under Code. 1898, Section 9S2, only one witness Is necessary to attest a deed where the grantor writes his own name.
 sRehearing denied June 80, 1906. Appeal from Covington Circuit Court.
 Heard before Hon. Fl. A. Pearce.
 Reversed and remanded Opinion by Anderson, J.
 weakley. C. J., Haraison, Tyson. Simpson and Denson, JJ.. concur.
 SMILEY vs. HOOPER, EFT AL Trover.-~tDecided June 7th. 1906. 4i
 So- Rep. 660).
 1. Witnesses; cross examination; discretion of trial court. .--At was largely within the discretion of the trial court as to what latitude 1t would allow upon cross examination, to test the knowledge, accuracy of memory, and truthfulness, and as 1ontroverting the facts deposed to by witness, who on his direct examination, testiffed that he had purchased the wood. al- legged to have been converted. for theN plaintiff as his agent.
 2. Evidence; relevancy; rnatters ex- planatory of facts in evidence.--Ths defendants having raised the issue as alleged to have been converted, for himself, or as agent. for a certain Iron company, 1t was comuetept for plaintiff to show that when he settled with the iron company, no credit was allowed him for wood not delivered, as showing the nature of the trans actions between plaintiff and the Iron company.
 ~3. Same; heresay.--It was compe- tent to show by witness declarations alleged to have been made ny the sue perIntendent of a certain company that S. in purchasing certain wood, was acting for the corporation, although l plaintiff introduced evidence tending to show that. S. purchased the wood, i alleged to have been converted, as | agent for plaintiff
 1. Execution; wrongful levy; &C., ton; evidence The ssue beling | whether the wood, which was levied | on under execution against another, 1 was the property of the plaintiff, it | purchased by s. whom plaintiff insis- | ted. was his agent evidence as to 1 contracts made by S. with other per- sons, and the marks placed by g. on | wood boufht for other parties, was admissible.
 5. Same; defenses.-In an action 1 against the sheriff and another for | the wrongful conversion of certain | wood, by levy and sale under execu tion against another than plaintiff, proof that plaintiff purchased tho | wood as the agent of another will de- l feat recovery, if believed.
 6. Same; instructions.--An instrtc- ton asserting that unless the jury l believed from the evidence that the | xA fin tiff, he could not recover, was correct in an action for trover
 [. Principal and agent; existence | of relation; evidence; declarations of | agent.-The existence of the relation 1 of principal and agent is not shown by the mere declarations of the agent.
 B. Trial; instructions; sufficiency of | evidence.--It being sufficient, fin a civil case, if the evidence reasonably | satisfies the jury of the truth of the allegations, a charge requiring that they be convinced with reasonable | certainty by ere iible testimony" Is erroneous as requiring a too high de- gree of proof.
 g. Sales; right to sell; sellers title. Where one cut wood under a con- tract with a corporation, underwhfch the wood did not become the prop erty of the corporation until delivered at a certain place, a sale but such one to another before shipping the | wood to that certain place passed ti- tie to the wood to the purchaser.
 Appeal from Marshall Circuit Court. l
 Heard before Hon. w. w. Haralson.
 Reversed and remanded. Opinion | by Simpson, J.
 weakley, c. J., Tyson and Ander son, JJ.. concur.
 BAKER V. HUTCHINSON. Trover-( Decided June 6. 1906"--41 So. |
 Rep. S09.)
 1. Chattel mortgage; conversion; | wrongful taking; cOmplaint--A count | in complaint which alleges that de- | fendant took possession of and con