The Montgomery advertiser., 1909-03-07


 PROVIDENCE SAVINGS LIFE INsU-
 RANGE SOCIETY V. PRUETT. Action on Insurance Policy.-(Decided
 November 2S. 1908. 47. So. lols.!
 (Rehearing denied December IA'
 1sos.)
 1. Appeal and error: decision on former appeal.--A decision on former appeal is the law of the case on a re- trial.
 2. Same: harmless error: rulings on pleadings.-It was harmless error to sustain demurrers to certain pleas set ting out the substance of contract or insurance. where 1t Is shown that issue was joined upon a plea setting out the contract of insurance In full.
 3. Same; issues; judgment entry: presumption.-Where the judgment en- try recites that the case was tried on issue joined on certain numbered pleas. 1t will be presumed on appeal that there were no other issues in the case. and that all other pleas than those on which issue was joined were abandoned or withdrawn.
 {. Insurance; action on policy; is- sue.-Where the only pleas on which Issue was joined charged that the pol icy was obtained on fraudulent state ments by the Insured, which he knew to be fraudulent when he made the ap- plication. no question of breach of war ranty Is raised, and nothing more Is involved than misrepresentations ma- terial to the risk.
 s. Same; false representations; fraud. A plea alleging that an insurance policy was obtained by fraud is not sustained by mere representations or false statements of insured in procur- ing the policy.
 Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Affirmed. Opinion by Dowdell. J. Tyson, c. J., Simpson and Denson. JJ., concur.
 RANKIN V. DEAN, EFT AL. Ejectment-(Decided December IT, 1904 --47 South. 1015.) l. Deeds: constructions: condition precedent-Where a deed provided that | if the grantee should pay certain notes. then 1t should be of full force and ef- feet, and otherwise should be null and void, the payment of the notes was n condition precedent to invest title in the grantee, and the conveyance is con- | ditional, although in form @ warranty deed
 | g. Payment: presumption: lapse of time-The presumption of payment of notes after lapse of twenty years from their maturity, is in the nature of the | defeat a recovery In an action for the unpaid purchase money, but does nos prevail against the vendor. so as to d. vest title from him and invest 1t in the maker of the note. where the payment of the notes was a condition precedent to the operation of the deed. 1 8. Vendor and purchaser: relation The purchaser in possession is the trustee for the vendor of the unpaid purchase money and the vendor Is ths trustee for the purchaser of the lega title.
 4. Same: rights created-The pos | session of the vendee before the pay ment of the notes. which are condi' tion precedent to a vesting of the ti' tie Is a mere equitable right not cog
 nizabIe in a court of law.
 s. Adverse possession: hostile char
 acter; vendor and purchaser-Posses
 sion under a deed which mak es the pay
 ment of certain notes a condition pre-
 cedent to the vesting of the title |
 not adverse where held by the make
 of the note and cannot be made tn
 foundation of presumptfve right. Appeal from St. Clair Circuit Court. Heard before Hon. A. H. Aston. Reversed and remanded. Opinion b! Mcclellan. J.
 Tyson. c. !, Dowdell and Anderson , J. J.. concur.
 | BIRMINGHAM RAILWAY LIGHT AMI