The Montgomery advertiser., 1907-05-04
Head Notes of the Decisions
 ofthe Alabama Supreme Court

A GooDsoN vs. STEWART, EFT AL. Bill to Quiet Title TO Timber Growing
 on Land.-(Decided Jan. 23, 1907.
 42 So. Rep. 1019.)
 Injunction; pendente lite; dissolution. --An injunction restraining the cutting and removal of timber pending . suit to quiet title to the timber. should not be dissolved on the coming in of an answer which merely asserts a fee simple title to the pine timber and makes no denial as to the other tim Der.
 Appeal from Autausa chancery Court. Heard before Hon. W. W. White side.
 Reversed and rendered. Opinion by HaraIson. simpson and Denson, JJ., | concur.
 PICKLER vs. THE STATE. Action by State for Sale of Lands by
 Taxes-(Decided Feb. 5, 1906. AZ
 So. Rep. 101s.)
 Taxation; assessment to two parties; . payment by one; effect.-when lands are assessed to two different people for the same year and one of such per- sons pays the taxes on such land for that year, the lien for taxes as to that land for that year is discharged, and no collection can be had under the other assessments. .- Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haral- son.
 Reversed and remanded. Opinion by Mcclellan. J.
 Tyson. c. J.. Dowdell and Anderson, JJ., concur.
 ALABAMA CITY, GADsDEN AND AT
 ITALIA RAILWAY COMPANY Vs.
 vENTRESs.
 Appeal from Order Cverrulin- Demur- Ter to a Motion to Substitute. Sum mons and Complaint.--(Decided Feb. '. 1907. AZ So. Rep. 10f7)
 1. Records; supplying lost or de- stroyed records.-Section 2647, Code 1898. is declaratory of the law as it already existed of the inherent power of the courts to substitute original papers or records which are lost or destroyed, in pending civil causes.
 2. Same; procedure; review; acts re- viewable.-The action of the court on pleading for the substitution of lost or destroyed records in pending civil cases is not revisable, upon appeal from an order on the pleadings. Such &C., ton can be reviewed only upon proper exception taken on appeal from final judgment in the cause.
  Heard before Hon. W. W. Haral- Appeal dismissed. Opinion by Dow delI J
 Tyson, c. J.. and Anderson and Mo Cleilan. JJ., concur.
 MITCHELL vs. THE STATE Robbery.-(Decided Jan. IT, 1907. 42
 So. Rep. 1o14.)
  fnk. by any means, Is not an infamous crime under the Alabama statutes all lowing a witness's testimony to be tmpeached by proof of infamous crime. 2. Same; impeachment of accused as witness; reputation as to veracity.- The accused having testified in his own behalf. the State may show his gen eral character for truth and veracity, and that the witnesses who know him would not believe him under oath.
 Appeal from Tuscaloosa County Court.
 Heard before Hon. H. B. Foster. Affirmed. Opinion by Mcclellan, J. - Dowdell, Anderson and Denson. JJ, concur.
 SPEARS vs. TAYLOR, EFT AL. Bill to Enforce Vendors Lien.-(De-
 cided Jan. 23, 1907. 42 So. Rep 1. Vendor and purchaser; vendors lien; effect of taking collateral secur- /, ity.-Where one sells lands and takes personal collateral security as a pledge or mortgage, generally no lien for the purchase money rests on the land.
 2. Same; waiver; burden. of proof. Where a\vendor's lien has been pre- served on the land, the party assert ing that such lien has been waived has the burden of proving it; but where distinct security sufficient to operate as a waiver has been taken and this Is shown; the burden is shifted to the vendor to prove a reservation of the lien.
 8. Same; evidence.-The vendor sold the land and took a note for part of . the purchase price which described the land by government subdivisions and recited that 1t was given in part pay ment of the land. The note was signed by c. as surety. He testified that he agreed to sign the note be- cause a lien was reserved and so stat ed to the vendor and purchaser and also so stated to the purchasers ven dee. Held, not to show a waiver of the vendors lien for the balance of the purchase money.
 4. Appeal; equity; chancellor's de- cree; presumption.-No presumptions are indulged as to the correctness of the chancellors decree on appeal. and this court must reach its own conclu- sions without regard to such decree. Appeal from Dale Chancery Court. Heard before Hon. W. L. Parks Reversed and rendered. Opinion by Denson. J.