The Birmingham age-herald., 1923-12-21
Court Rules State May Con- demn Car, Although Rum Runner Still Owes For It
STATE CAPITAL BUREAU I
 THE AGE-HERALD ! Montgomery. Ala, Dec. 20

Caveat vendor is the rule laid down by the supreme court of Alabama Thursday as regards the seller of an automobile on time payments to a person who is likely to use such car in bootlegginng operations; in other words the high court has de- cided that the person or firm making conditional sale of a car must use reasonable diligence to guard against such car becoming booze carrier, otherwise the seller will lose out completely when the state catches such car in fragrant delicto.
 The case was that of the Cherry Ellington Auto company vs. state ex. rel, Sorrell, appeal from Tallapposa circuit court in equity.
 The action of the lower court was | affirmed, with Associate Justice Miller writing the opinion of the Car Contained Liquor.
 The opinion goes on to recount the circumstances of the case, stat ing that the car in question was seized February 24, 1923, and that IL was alleged the automobile and the | whisky therein belonged to W. F. terrell. The claimants asserted su- perior rights to the state as vendors of the car in a conditional sale. The | opinion held that the lower court was | justified in that the claimants could l have known by exercising reason able diligence that terrell was using the car for wrongful purposes | In the case of Allen Elston ys. N. | J. Brice, appealed from the Calhoun | probota oonrt and affirmed by the supreme court, 1t developed that ex- cess of precaution on the part Of the 1 testatrix was unavafling in haVlhs her wbl hold water" after her de- cease. The circumstances are Una the testatrix in making her Will call ed on a notary public to attest Il with his seal and also summoned q physician to testify that she was sound in mind when making the Will. She was under the impression thal she had served the two witnesses necessary to the proper attestatloI II of the will, but the point was ralseo | that the physician was simply Wit ness to the signing. This point was upheld by both the lower and the higher court.
 The following decisions were an nounced by the supreme court @ ol Alabama on Thursday, December ~
 ANDERSON, c. J.-J. Bice and sons t.
 ton circuit court; affirmed.
 F. D. Freeman vs. Southern Llle and Health Insurance company, ap- peal from Jefferson circuit court; al- firmed.
 Agnes M. Sims. vs. W. O. Sims, ap- peal from Jefferson circuit court equity; affirmed.
 Standard Oil company vs. Perkins B. Carter, appeal from Morgan CIT chit court; affirmed.
 SAYRE J.-Adsle E. Banne vs | Gustave A. Stroecker ct al, appea from Mobile circuit court, equity reversed and remanded Gilchrist- Forney company fVs. Jonr S. Bolton ct al, appeal from Moplis circuit court; reversed and remanded
 Exs parte Fannie M. Barkley, pc tition for mandamus; writ denied.
 Amos Langley vs. state, appea from Elmore circuit court; affirmed
 Laura Hyman ct all, vs. l. N. Lang I ston (and cross appeaD, appeal from Chiffon circuit court, eqclty; alllil ln' ed on both appeals.
 GARDNER, J.-Stallworth Fur nentine company ct al, vs. Annie Ward. administratix, appeal from Monroe circuit court; affirmed.
 Robert Newman ct al. vs. Molle Martin, appeal from Houston elrcul' court (equity); affirmed.
 Rebecca J. Driver vs. Mary $. Fltz' patrick pro ami, appeal from Chlltor circuit court; affirmed
 Frank Stollenwerck ct al vs county of Elmore, appeal from El' more circuit court; reversed and re manded.
 Chiffon county ct al. vs. Odit l Grooms, appeal from Chiffon circul' court; reversed and rendered.
 Allen Elston vs. N. J. Price, appea I from Calhoun probate court; af- firmed.
 MILLER, J.-Matt Loper vs. E. w Gates Lumber company, appeal iron Washington circuit court: affirmed.
 E. Perry Thomas, guardian, etc., C Lamar Field, appeal from Montgom-