The Montgomery advertiser., 1906-04-09

oereu, were property refused, because argumentative.
 '. Larceny; evidence; question for jury.-Where, on a trial for larceny, the only evidence for the State was that the prosecutor left his pocketbook on chair in the presence of defen- dants and never saw it again. the question of the guilt of defendants was for the jury.
 8. Criminal Law; appeal; requested instructions; review.-where the record states that the trial judge indorsed in writing his refusal on a requested in struction, the record shows that the instruction was in writing. Appeal from Bessemer City Court. Heard before Hon. William Jackson, Judge.
 S, Reversed and remanded. opinion by Tyson. DowdeIl and Anderson. JJ.,
 RIDDLE V M'LESTER-vANIIoosE co Assumpsit
 Decided Dec. 21. 1ses) t4o So. Rep 10D
 1. Partnership: application of firm money; individual debt.-Where a par | nership owes debts and an individual
 member of the firm a,so owes debts to the same party, and by agreement with the individual debtor money and other property of the firm is applied to the extinguishment of the individual debt
 ors debt, such application of the part
 nership property is wrongful only as against the other member of the firm. and until the other partner disaffirms the application of the partnership property to the individual debtors s debt. and directs it's application to the partnership debt. 1t is a payment of
 the individual debtors debt, and not ] upon the partnership debt. Set nff nd nIo
 of set off.-A defendant, a member of | partnership. can not have judgment | for any excess under a plea of set off where the subject of set off was
 partnership funds. 5. Judgment; res adjudicata; set off. I-Having interposed a plea of set off 10 an action against him, as a de-
 fendant, and having defeated plain tiff's recovery against him, one can
 not sue in an action to recover from former plaintiff the residue of his de-
 mand. This former plea was a remit
 titur or release Of the residue of the demand. Appeal from Birmingham City Court. Heard before Hon. Chas A Senn. Affirmed. Opinion by Tyson, J. Haralson, Simpson and Anderson. u. concur.
 Rehearing denied Jan. so 1906. CRIMMER " NoLEN, trover | (Decided Jan. 30. tJO6) (40 So. Rep. 97)
 1. Appeal; striking pleas; parties
 entitled to complain.-Where the rec
 ord shows that defendant moved to strike one of his own pleas, which
 motion was granted plaintiff can not
 complain.
 ?. Appeal 'sror of record.-This court will not correct errors of record on an appeal for the purpose of re- versing, although tho record probably was erroneous.
 5. Names; idem sonahs.-The name Mckinney and Mckinney are not idem sonans, the c. before an I. being soft.
 or like S., and a K before an l, being hard.
 4. Chattel mortgage; priority; no
 tice; designation If parties-In an action for conversion of property claimed under a mortgage executed by B. & J. Mckinney. q prior recorded mortgage on the same property to an other signed by B. X J. Mckinney is not admissible in evidence.
 5. Same; failure to record; pur- chaser without notice.-The record of a mortgage made by B. & J. Mckinney is not notice to a purchaser from B. & J. Mckinney that B. & J. McKin- ney have executed a mortgage on the property purchased
 Appeal from Tallapoosa- Circuit Court.
 Heard before Hon. A. H. Alston.
 Reversed and remanded, Opinion by Haralson, J.
 Dowdell. Simpson and Anderson. JJ,, concur.