The Montgomery advertiser., 1908-02-04
Head Notes of the Decisions
 of the Alabama Supreme Court

Of GS9G HkSkOkbt HpNsIrY V. oRENDoRFF. ET. Al. Detfnue.-(D (Deeided November VI, Iso5.
 44 So. Rep. s6s.)
 i. Detinue; Interventicn of Ciaim- ants; Feeding and Proef.--In ap action of detinue where claim ants are brought in under Section 2ssf Code lsss, tne proceedings should be conducted as nearly as prseticable as in statutory trial of the right of preperty. unner Section 1884 of the Code; platntin sA- lakfng the legal title to the property and the immediate right Of possession. which allegation Ia an affirmative ons and places the burden, of proof upon the plaintif, though in effect. denying the claimants rjghts;~ the ciairnsnts should not be treated as the actor plaintiff and made to carry the burden. q. Same; Pissding.--The only pieaa- fnx iascsssary in an action of detinne where q claimant is suggested. is the complaint and the statement or the substituted defendant's claim.
 d same: Evidence; Burden of Proofi yalue of Property.--Under Section 14I6, Code 1898, if the plaintiff has q verdict and desires thst the alternate value 'os the property be assessed by the jury pIaiptif must prove the value of the {. Evidence: Similar Facts or Trans actions.-The price paid for an article which has been used for some time and became damaged Is not evidence of It's present vafue.
 Appeal from Morgan Circui. Court
 Heard before Hon. D. W. speake.
 Affirmed. Opinion by Tyson. c. j. simpson. Anderson and Denson, JJ. concur.
 MAYER v. KoRNEGAY. EFT AL. Petition to Sell Lands to Pay Debtsv-
 Spec,dsd November fl. 1907 4 4 I. Judgment: Conelusiveness.-- s.-- Where petition by an administrator for the sale of lands to pay. dehts is dismissed on q hearing on the testi- mony taken. such Judgment Is res; judi csta of | similar petition thereafter filed. such dismissal not being anaio- Eous to a non suit. k
 ?. same: Matters Conciuded.--The status at the time the former decree was rendered ie presumed to continue until the contrary Is shown. and the matters so concluded remain concluded until q different status is shown.
 3. Same; suficisncy of Allegations te Show Change of where the plea to . petition showed that a simi, fsr petition had on a former hearing been dismissed for failure to show that the peraonal property was insufficient to psy the debts Of the estate. repii- catian thereto merely stating that there was not sufficient property to !. pay the debts. was not a statement of facts suficient to enable the court to judge whether the status of the estate had been changed since the former de. cree so as to overcome the presumption that it's status continued as under the former decree. Appeal from Marengo Probate Court. Heard before Hon. A. L.. Haaty.
 Affirmed. Opinion by simpson. J. Tyson, c. J.. aud Anderson and Denson. FIRST NATIONAL BANK OF LINE
 WILLIE V. ALEXANDER.
 Assumpsit--(Dscided November 1l
 1907. %A So. Rep. ses.)
 l. Corporations; Contracts; Ultra Wires; En4orcemont.--An executory contract which is uttre wires or which was made by an ofiicer without au- thogity to make 1t, may be defended agaiTgt by a corporation. as such x but if the contract has become executed and the corporation has received ben. efsts thereunder. 1t. cannot retain the benedt and defend on the ground that the contract was ultra wires or beyond the authority of the oficer.
 2, Bulls and Notes; Reinforcement: Rights of Endorsee; Payment In Work "A bank not heinz. bound to accept vaynent of non-negotiable note h Rnything but money. an agreemsnt be- tween the maker and the payee of the note that the same may be paid In work fe not binding on the bank tc which the note is endorsed and which has received no beneflt from the work a. Same; Agreement as to Payment. -JSo Ions as the contract is executors n agreement that 1t may be digcharssd lp work is not binding.
 {. Banks and Banking; National Hankss- 0meers; Authority.--An ofieeS oDa national bank has no authority tc agree to, receive anything except money In payment of a non -fleRotfabls note endorsed to it.
 Appeal from Clay County Court.
 Heard before Hon. ". J. Pearce.
 Reversed and remanded. Opinion bs son: and Denson. JJ.. concur.
 BUTLER vs, KENT. 6 AsguEpsit -t Decided Nov. s1t, 1907. q
 So. Rep. ss3.) v 1. Work and labor: parent and ehild;s services; presumptipn.-The pre-. sumption that the services of a. son living with his father are rendered The father gretuitoualy may be rebut- ted by proof of an express contract to the contrary, or by fscts and cir, cumstances tending to show that al the time of such services the parties Intended a pecunIary compensation.
 ?. Same.--WheFe the son is of ieEa age and resides apart from the father who has means of support, no pre- sumption arises that services rendered by son to the father at the rather'l request gre gratuitouS.
 3. Same; evidences agreement svoiC under statute of frauds.-A parole agreement for compensation for ser vices rende1ed fatIier by the son dur. Ing the lifetime of the father IS ad. nnissible to show that the services were not gratuitously rendered. al, though the agreement itself may D. void under the statute of frauds, wherl the action is on quantum merui and not on the contract.
 {. Statute of frauds; necessity O pleadIng.--To be available as defens, the statute of frauds must be spe ciaIly pleaded.
 Appeal from Randolph Circuit Court Heard before Hon. S. L.. Brewer.
 Reversed and reinanded. Opinion by Denson, J.
 Tyson c, J.. Simpson and Anderson JJ. concur.
 tMcKENZIE vs. MATTHEWS, EFT AL. Bil to Remove Administration Int
 Chsncery Court and for Final Set,
 tleInent.--(D Decided Nov. IS, 1907
 70 So. Rep. 9bs.) ;.
 i, Limitation of action; notes bJ