The Montgomery advertiser., 1908-04-12
STATE FIX REL GooDoASdE. EFT Al.
 ". MATTHEWS.

W. MATTHEWS.
 Quo warrahto.-(Decided December fs.
 1907. 45 So. Rep. 3o7.1 1. Quo warranto: complaint; requi- sites.-Quo warranto is civil action ito try a civil right and the complaint must aver clearly and concisely the act or omission complained of. else. it Is demurrable.
 "a Evidence: judicial notice; munic- ipal charters-The courts take judi cial notice of municipal charters
 8. Municipal corporations; mayor: qualifdcations.--one is not disqualined because not a qualified elector, from holding the ofice of Mayor in n1u- nicipality whose charter provides that the only requisite qualification is bona nde citizenship in the town for two years next preceding the election. q Same; legislative authority.--It is within the legislative authority to prescribe as the sole requisite as a qualification for holding offlce. q bona fide citizenship in a municipality for two years next preceding the election. Appeal from Chiffon Circuit Court
 Heard before Hon. W. W. Pearson.
 Affirmed. Opinion by Tyson, c. J.
 Haralson. Simpson and Denson. JJ.. concur.
 MCLEAN. EFT AL V. MARTIN. EFT AL Petition for Exemption of Personal
 Property.-(Decided December 1s,
 1907 45 So. Rep. 295.)
 1. Executors; family allowance: ex- empt property; appraisal.--The right of the widow to apply for the setting aside of personal property exempt to her is not dependent upon the appoint ment of appraisers. g. Same; selection.--A petition by a widow and minor children to have set apart to them $1 900 out of the pro- ceeds of an insurance policy payable to the deceased husbands estate Is a sufficient selection of such property. 8. Same; amendment.--An applica- ton to have certain personal property of the deceased husbands estate set aside as exempt to the widow and mil nor children may be amended so as to insert the name of minor child enti- tied to participate therein, since Sec tion 20s2, Code 1896, does not require that such application be verified.
 (. Same; property subject to ex- emption; things in action.--The widow and minor children are entitled to. ex- emption of personal property out of a life insurance policy payable to the husbands estate, as choses in action owing to a decedent are assignable as personal property under the exemption law.
 Appeal from Mobile Probate Court.
 
 IT.
 Affirmed. Opinion by Simpson, J.
 Tyson, c. J.. and Denson and McCIel- Ian. JJ.. concur.
 REESE vS. WALLER. EFT AL Petition for the Enforcement of De-
 cree by Issuance of Execution
 Decided. January 16. 1sOS-4s
 South 46S.)
 1. Execution; persons entitled to remedy; assignment of decree--A writ ten agreement by which one is entitled to one-half the proceeds of all suits Instituted by him in the name of the other party to the agreement. is not such an assignment of a decree there- after obtained in the name of such party, as is contemplated by section 1928. Code 1S96
 3. Same; leave of court; application; denial--Where petition, asking for execution on a decree, which petitioner claimed by assignment. discloses' that another suit is pending involving peti- tioner's right to decree. such petition court could have staid proceedings under such conditions until the deter imitation of the suit Involving petit tioner's right to the decree. a dismissal of said petition will not be reversed. Appeal from Montgomery Chancery Court. Sssa4- sa e.is.t itt <, Heard before Hon w L. Parks
 Affirmed. Opinion by Dowdell, U
 Tyson. c. J.. and Anderson and Mo- clellan. JJ.. concur.
 sHEHANB vS CARAwAY, EFT AL Bill to Enforce Vendors Lien-(De-
 cided January 21, 1sos-45 South
 469)
 1. Infants; guardian ad litem: neces- NA h nA descends to the heir, and to subject it to vendors lien, as against minor heirs, it is essential that a guardian ad litem be appointed for them.
 3. Same; pleading without appoint ment; effect-When no guardian ad litem had been appointed for the minor heirs, an answer filed in their name or by them cannot be considered for any purpose. Appeal from Barbour chancery Court.
 Heard before Hon. W. L. Parks.
 Reversed and remanded. Opinion by Haralson, J.
 Tyson. C. J.. and Simpson and Dem son. JJ.. concur. -
 MASON vs. THE STATE. Burglary-(Decided January 21. 1s0s--
 45 South 472.)
 l. Burglary; evidence; commission of offense by another-It being proper. In a criminal case. to admit aA evidence offered by defendant which may legiti- mately shed light on the question of who committed the offense, defendant was entitled to show that the son of the person from whom the pistol is alleged to have been stolen owed one L. cer- tain sum of money and that he promised to get his fathers pistol and give it to L. in payment of the debt. and that on the morning after the burglary alleged. he did give the pistol to said person; especially where the only evidence connecting defendant with the commission of the offense was from the son of the owner of the house who testified that when he enter ed the house he found defendant there. Appeal from Choctaw Circuit Court. Heard before Hon. John T. Lackland. Reversed and remanded. Opinion by Simpson. J.
 Tyson, z. J.. and Anderson and Me- Clellan. JJ., concur.
 ~LEDBETTER. EFT AL vs. DAVEN-
 PORT BROS. EFT AL. Bill by Creditors to Subject Property
 FraudulentIy Conveyed.-(Decided
 January Is, 1908. 45 South. 497 ) Fraudulent conveyances; burden of proof; good faith of purchasers.-In an action to set aside a conveyance as in fraud of existing creditors the burden is upon the grantee to show that he paid valuable and adequate consid- eration, and upon the mortgagee of grantee to show a bona fide purchase for value; and when this is done the