The Montgomery advertiser., 1908-02-04

- llH " p1zUH11N1l9ug1 mertgsss.--The feet that . note not under seal is secured by a mortgage on land under seal does not prevent the statute of limftation of six years from running against the debt. 5 2. Administrators: accounting: cred ifA--Ar administrator Is not entitled on hnsl settlement to be credited with the amount Of the proceeds of lsnds sold under an order of the court sought by ,bfm ard cns sNw
 after continuation aithou his mort gage on the lard be not satisfied. g. Same: claim agaipst tl'e estate necessity for fiiing.--An adFnintstvptos clement with money paid to himself on . cliam held by him aReinst the estate unless he has compiled witt the requirements of Section f2s, Code fsss. and the burden: Is on him to show such cosnpiiapce.
 4 Same; .settiement: reference: par ties.--An order of reference and . re. port thereon under q bill sgaipst the administrator for settlement of the es- tate was not void because one of ths eonlpIainants was then dead end her estate not represented. where before final decree was rendered thereon her persoraI representative had heen mads a party and was represented.
 s. Same.--A Anal decree in favor oi
 one of the cou,piainants as suardisr ad litem of certain person who val not a party and who was not showr
 te- have any Interest in the estate, val efroneous. .ss e Appeal: review, finding by regis ter.-Where the evidence is coufiicttGr the finding thereon by the register hal the same weight as the finding of 2 jury and this court will not disfurf 1t unless palpabIy erroneous
 Appeal, from Coosa Chancery Court Heard before Hon. ". ". White side.
 Corrected and affirmed. 7 opinion D,
 Tyson. c. J.. simpson and Anderson JJ., concur. F BIRMINGHAM RAILWAY LIGHT ANE POWER COMPANY vs. HAW- KInsS. @i
 Action for Damages for Injury ts Passenger-e Decided Nov. is' 1907
 Il. carriers: street railwaya: duty to passengers boarding car.-It Is ths duty of those operating street cArs to hold the car statipnary until those desiring to enter the car are on the scai and have reaehedS a place sof sSfety, but under ordIBaty conditions, the passen' gers is considered to have reached place of safety when he is onas ths a car in the usual manner and with out any unusual jerk while the pas senger is ettepping from the platform of the car into the car.
 2. Sama; action for injuries; in stFuctions.-In an action for injury to { passenger whileenteriRg the car, wher.
 there was testimony tending to show that the ear was improperly started It was not error to refuse an instFuc'
 ton that it was not necsssary, to kses the car stationery until thef passenger reached the inside of the car, ag snct 1 instruction tended to misiead.
 Appeal from Birmingham City Court Heard before Hon. c. W. Ferguson Affirmed. Opinion by Simpson. !. ,j Tyson. c. J.. Anderson and Denspn JJ., coucur.
 LONG. EFT AL lvs. BOAST.
 Bill to Quiet TitIe.--(D Decided Nov. zI 1901. A So ! Rep. 95S -) t-.. f
 l.. Taxatior: tax sale; irFegulAriSy | stAtute.-4Tho ough the proceedings isad 1 ing up to the tax sale were irregular
 a purchaser at such 9eale. aStsr tnre' 1 years possession from the date whel a purchaser becomes entitled to | deed, acquires title thereto. under Sec tton 40ss, Code 1ese. z. s q ouisting title; tax sale.---Aftel ] three years lpossessiou under tax sais | t{le purchaser is entitled, under, Seettql 1 4QSs, Code 1898, to maintain His Dn to quiet title to ssrne. .Ss, Same; tax sale; rigbtg ofSvendel of !uurchaser.-under Section 40s7 enS ! Section ss1. Code 1898, q quit cialn deed by q tax sale purchaser convey | the interest of such purchaser sns | vests in the assignee all the rights o' | the original purchaSa. and such as l signee, if he takes and holds posses ! sion for more than three ysars. s!tel | the original purchaser was entitled ' a deed, may file hill; to quiet title t'
 "A Taxation; tax ssle; possession fiulita dFl.-The limitation prescrinet by Section 40ss. Code 1898. does no | begin to run until possession of tn' land sold at tax sale is taken or ae
 Appeal from walker chanceEy Court
 Heard before Hon. Alfred H Ben
 Revsrssa and rendered, Opinion S'
 S'Tsyso Tyson, (. j.. Asdsrsen and Dsnscn | JJ., concur.
 WILLIAMS vs. ALABAMA coTroF | " OIL COMPANY. ET~ALA | Fressuaas to ReaIty.--(Decided Nov | s2i. 1907 ..--- G4 So. Rep. s57.)
 | 1. Pieading; Complaint; Amepd ment; 'Departlre--Counts which declaF | for the destruction ofea liep for wharf age charges cannot be added hy amend | nent to a seompiaiHt in trespass t
 yeaity, nor can count claiming dam | ages for the maintenance of a 'nuisane | on a public street to fthe detrinent Q abutting property owners, be added D
 way of amendment to. Q complaint | trespass to realty, as, each present | new and different cause of action. l a. Same; Demurrer. Overriding De | mi,rrer.-Where the only ground of de Fl natirrer assigned to a complaint con l tafning counts in trespass to realty an counts, for the destruction of a wharf age lien and maintaining a 1uifanc' | was that the origipal complaint wa ex deiicto and the additional count 1 ex contractu, such demurrer wa properly oveFruIed, as the ground stat
 cd was insufficient and the court wa | confined to the ground specified.
 g. Appeal Review; Harmless Er | TOT; Affirmative Charge-The com piaint being in trespass to realty an | no substantial damages to the treehol
 or to the pOsseseion being shown, an no important right to be vindicate
 by the awarding of nomipal damage
 being disclosed, and the plaintiff no
 being entitled to recover costs ex | ceeding the damages, 1t is not fever | sibIe error to direct q verdict for tn | defendant although there was som
 evidence of technical tTespRss | {. Wharfes: Rights to wharfage; con stitutional Provigion.--An express lega