The Montgomery advertiser., 1906-04-14

ana Denson, JJ, concur HUMES vs. H1GMAN RiIl by Purchaser at Foreclosure Sale to | Quiet Title; Cross Sill by Respond ] ent to Account for Property Con- verted. Decided January 30, 1906 ) GO So. Rep, 12S.)
 1. Fixtures; machinery.-A saw mill Snd machinery connected herewith aud not adapted to other use, intende | to be used permanently. are Sxtures. as betye the mortgagors and i1ortga- gees of land.
 2. Quieting title: affirmative relief by cross bill: statutes.-Wnere a mort gagee. who has purchased at foreclos- ure sale, files bill to quiet and per- feet title. under Sec. 72o of Code. 1896, a defendant may by cross bill obtain affirmative relief. and in this case, hold complainant to a personal liabil- ity for the conversion of movable ma chinery on the mortgaged premises. 3. Partnership: use of individuals land for partnership purposes.-The use of land belonging to an individual member of partnership by the part nership does not render the land part nership property.
 f. Same: sale of partners interest; liability of purchaser for previous debts.--The purchaser of a partner s l interest in a partnership business is not liable for previous partnership
 debts unless he assumes the same in his purchase.
 | Appeal from Morgan Chancery Court l Heard before Hon. W. H. Simpson,
 Original appeal affirmed in part and reversed in part. Cross appeal af-
 firmed. Opinion py Haralson, J.
 Tyson. Dowdell. Simpson, Anderson
 and Denson. U, concur.
 STATE ex rel BROWN. vs. PORTER Prohibition to prevent holding an cleo ton to change the County Seat of Cleburne County-(Decided No | vember 29, 1905) )'-(40 So. Rep.
 144)
 l 1. Statutes: Constitutionality; l Amendment of Bills.-Where a Senate
 bill was amended in the House the | concurrence of the Senate in the | amendment was sufficiently shown | where the Journal of the Senate shows
 that the Senate concurred in the amend | ment, and sets out the names of the members of the Senate voting to con | cur, although the amendment was not
 set out on the Senate Journal; And is | a sufficient compliance with the re- 1 quirements of Section 64 of the Consti- | tuition of 1901. 1 ?. Counties; Locations of Court
 houses; Statutes.-Under Section 41 of
 the Constitution of 1901, court houses
 may be located without restriction at
 any point in the County; and Section 40
 of the Constitution of 1901 relates to | the change of county lines and has no
 application to the location of court | houses.
 3. Appeals; Harmless Error; Rulings
 on Pleadings.-If it is error to sustain
 demurrer to a special replication
 where the facts alleged in 1t could
 have been shown under the general re- | plication, such error was without in- jury
 4. Statutes; Enactment: Notice.-
 The act providing for the change of
 county seats tActs 1903, p. 117) is a | general law and requires no notice of l an intention to introduce 1t.
 D. Counties; Change of County Seats: Petitiou.-The act providing for | change of county seats (Acts 1903, p. | 11D requires that the petition there
 for must be lodged with the Governor | or his official force in some formal
 manner. so as to become an official 1 document: and in order for any of the | signers to withdraw from the petition, | they must do so with the same degree
 of formality required in filing the peti-
 ton.
 6. Same; Petition; Discretion of | Governor.-The act providing for a l CHahse VI couhty sca'S NAclS lSV3, D. 1 117.) lodges in the Governor a discre- | ton to entertain or not to entertain | the petition, even when signed by 4
 majority of the voters. if he has req
 son to believe 1t was not made in good | faith.
 l Appeal from Cleburne Circuit Court. | Heard before Hon. John Pelham l sRehearing denied January 30, 1905. l Affirmed. Opinion by Anderson, J. Haralson, Dowdell and Denson, JJ | concur.