Volume 116 — Mississippi Reports

.Appeal from the circuit court of Simpson county. Hon. W. H. Hughes, Judge. Suit by the state of Mississippi for the use of Irvin Hinson against W. M. Lee, Sheriff of Simpson county and the United States Fidelity & Guaranty Company, surety on his bond. Judgment by default against the surety, motion to set aside the judgment denied, motion of the sheriff for permission to defend denied, and verdict for plaintiff against the surety, and it appeals.

Hon. R. W- Cutrer, Chancellor. Suit by Dr. E. P. Kilroe against Frank I. Duffy, administrator. From the decree, both parties appeal. The facts are fully stated in the opinion of the court.

Hon. R. W. Ctjtrer, Chancellor. Proceedings in habeas corpus by Mrs. R. H. Watts against Mack Smylie and another: From a decree for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court. It is the law, and has been in the state of Mississippi through all the ages, that the parents, if they be worthy, are entitled to have the custody and possession of their children.

Hon. O. B. Taylor, Chancellor. Suit by Rachel Hendricks against J. M. W. Kellog, executor, and others.. From a judgment dissolving an injunction, plaintiff appeals. The facts are fully started in the opinion of the court. We agree with counsel for appellee in his brief, that the question involved in the litigation, is, whether legal service of process could have been had in this state, upon Rachel Hendricks, the appellant.

Hon. Paul B. Johnson, Judge. W. A. Pruitt, a constable, was convicted of being drunk when called upon to perform a duty of bis office and appeals. The facts are fully stated in the opinion of the court. The demurrer to the indictment ought to have been sustained for two reasons: (A) It does not specify the official duty the defendant was called upon to perform; and, (B) It is not alleged that it occurred within the territorial limits of Pruitt’s official authority.

Hon. J. H. Neville, Judge. Suit by J. F. Joullian, against tbe Louisville & Nashville Eailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. A. T. Woodward, Chancellor. Bill by the town of Hickory against Frank Russel and another. From a decree overruling a demurrer to the bill, defendants appeal. The facts are fully stated is the opinion of the court.

Hon. J. H. Neville, Judge. Suit by the Bank of Commerce against Oliver Rayburn and others trading under the name of the A. L. Hickman Company. From a judgment against the named defendant, he appeals. The facts are fully stated in the opinion of the court. It will be noticed that the declaration charges that appellant was a member of the co-partnership composing A. L. Hickman Company.

Hon. A. Y. Woodward, Chancellor. Partition proceedings by Mrs. J. A. Vinson and others against the Colonial & United ■ States Mortgage Company and others with counterclaim by defendants. From a decree for defendant, plaintiff appeals. This case is now in the supreme court for the second time. The facts of the ease necessary to an understanding of the points involved are fully stated in the opinion of the court in the former decision.

Hon. C. L. Lomax, Special Chancellor. Bill by the town of Sumner and others against E. A. Henderson and others. From a decree sustaining a demurrer to the bill, complainant appeals. The faicts are fully stated in the opinion of the court. The demurrer in this case specifies as to‘its .grounds; First, that there is no equity in the bill.

Hon. Joe May, Chancellor. Bill to quiet title by Bessie C. Bibby and others against C. H. Broome and others. From an order sustaining a demurrer to the bill, plaintiffs appeal. The facts are fully stated in the opinion of the court.

Hon. E. N. Thomas, Chancellor. Bill by the Mayor and Board of Aldermen of the city of Vicksburg, against P. P. Williams to have a lien declared on lots for paving. Prom a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.. The alleged amendment to'the city charter was never, in fact, duly and legally made or adopted. The plea of appellant is to be found ou page 12 of the Eecord.

Hon. W. H. Potter, Judge. Suit by Young D. Butler against the Eminent Household of Columbian Woodmen. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. L. Bates, Judge. Suit by Bogers & Hurdle against the Illinois Central Bailroad Company. From a judgment for plaintiffs, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. R. W. Cuteer, Chancellor. Suit by the Mississippi Central Railroad Company against the Georgia Life Insurance Company. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. P. • B. Johnson, Judge. Suit by T. Nolan Lightsey against the Metropolitan Casualty Insurance Company. Prom a judgment for plaintiff, defendant appeals.

Hon. A. T. Woodward, Chancellor. Bill for appointment of receiver by D. Gr. Pepper and other against B. L. Burton and others. From a decree overruling, a motion to revoke a decree appointing a receiver, defendants appeal. In the year 1914 appellant Burton was the tenant of, and appellee D. G. Pepper was the owner of, the two plantations in Holmes county known as Winter Quarters and Famosa.

Hon. J. H. Neville, Judge. Suit hy D. A. Hicks against the Gulfport & Mississippi Coast Traction Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. E. N. Thomas, Chancellor. Suit by Pauline Castleman against J. Albert Lake and others. Prom the decree rendered, Lake and others appeal. The facts are fully stated in the opinion of the court. The bill was one to cancel and remove the alleged cloud upon title of appellee and to enjoin further foreclosure by appellants of their junior deed of trust.

Hon. Gr. C. Tann, Chancellor. Bill by C. Currie and others against H. Ulmer. From a decree dismissing complainant’s bill, he appeals. The facts are fully stated in the opinion of the court.

E. N. Thomas, Chancellor. Suit by the Lynchburg Shoe Company against Pauline Castleman and others. Held: in the ease of PolJc v. S. S. Gale $ Sons, 47 So. 386, 93 Miss. 664, that where a trust deed provided for a sale at S. S. Dale’s store, that it was silent, and that the section 2821 applied, for this reason towit; that the store was in a county other than the land and Acts 1896, p. 109, ch. 103, provided that the land had to be sold…

Hon. A. Y. Woodward, Chancellor. Bill by Nicholas Gavin and- others against Rosa Gavin and others for partition and accounting. From a decree for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court. Counsel - contends that this proceeding is merely' to obtain the use and benefit of the homestead.

Hon. W. IT. Potter, Judge. Suit Tby Stokes Y. Robertson, State Revenue Agent, against tbe Postal Telegraph & Cable Company. Prom a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in tbe opinion of tbe court.

Horr. H. H. Rodgers, Judge. Suit by Chas. W. Wicker against the Eminent Household of Columbian Woodmen. Prom a judgment for plaintiff, defendant appeals. The appellee, through accident, suffered a broken arm. At the time of this injury he carried a policy in the appellant company, which stipulated that in event of a broken arm the company would pay him two hundred dollars. The policy also provided for the payment of two thousand dollars in case of death.

Hon J. Gr. McGowen, chancellor. Bill by Grand Lodge of Free and Accepted Masons of Mississippi against Vicksburg Lodge No. 26 and others. From the decree rendered, the defendant appeals.

Hon. W. H. Potter, Judge. Proceeding by the Enochs Lumber & Manufacturing Company and others, materialmen, against J. C. Garber, contractor and others. Judgment that rights of parties were equal to concurrent was affirmed and plaintiffs suggest error which was sustained. The facts are fully stated in the opinion of the court.

Hon. E. W. Heidelberg, Judge. Suit by the Pigford Grocery Company against B. P. Wilder, wherein the Western Union Telegraph Company was garnished, filing an amended answer, admitting an indebtedness, suggesting that the debt was claimed by Mrs. C. E. Dement and Sams & McCall, attorneys, and praying an interplealer.

Hon. J. G. McGowan, Chancellor. Suit by the United States Fidelity & Guarantly Company against the First State Bank, S. S. Harris, receiver, and others in which certain parties filed cross-hills. From the judgment rendered, plaintiff appeals.

Hon. P. B. Johnson, Judge. Suit by the F. O. Evans Piano Company against A. J. Tully. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinon of the court.

Hon. P. B. Johnson, Judge. Suit by Joe Shelby against the Metropolitan Casualty Insurance Company. From a judgment for plaintiff, defendant appeals. The facts°are fully stated in the opinion of the court.

Hon. P. B Johnson, Judge. Suit by* the Laurel Oil & Fertilizer Company against the Maryland Casualty Company and others. From a judgment for plaintiff, defendant appeals. Held: That the general principle governing the older forms of insurance losses, as fire, marine, and life are applicable to this more modern form of insurance.” People v. Fidelity & Casualty Company, 143 111. 25, 38 N. E. 752, 26, L. E. A. 295; People v. Rose, 174 111. 310, 49 L. E. A. 124.

Hon. W. M. Denny, Jr., Chancellor. Suit by the Mississippi Farms Company against J. T. Jones. From a judgment for plaintiff, both sides appeal.

Hon. Albert T. Woodward, Chancellor. Suit by Means Blewett and others against Blewett Lee and others. From a decree for complainants, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. G. C. Tann, Chancellor. Suit by J. D. Gambrell against the Hebron Bank and another. From a decree for plaintiff, the defendant named appeals. The facts are fully stated in the opinion of- the court.

Hon. J. H. Neville, Judge. Suit by Chas A. Fisber against T. J. Miller. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. In view of the testimony there can he no question of agency in this case, unless it can he shown that appellant made herself liable by some subsequent act, or in some way became responsible to appellee after the repairs were completed.

Hon. O. B. Taylor, Chancellor.’ Suit by Yazoo City against the United States Fidelity & Guaranty Company. From a decree for the city, the defendant appeals. The facts are fully stated in the .opinion of the court. It is settled law, in regard to which the authorities all agree, that a surety is entitled to stand upon the strict terms of his contract; to the extent, in the manner, and under the circumstances pointed out in his obligation, he is bound, and no further.

Hon. D. M. Miller, Judge. Suit hy the Hazlehurst Oil Mill & Fertilizer Company against the Western Union Telegraph company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. B. W. Cutrer, Chancellor. Suit by the Liberty Bank against Mrs. Hattie C. Wilson. From a decree sustaining a demurrer and dismissing the bill, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Judge. Suit by F. O. Lowden against tbe Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in tbe opinion of tbe court.

Hon. Robt. E. Jackson, Judge. Action by A. H. Bernstein against the Yazoo & Mississippi Valley Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. E. N. Thomas, Chancellor. Suit by Jennie Aldridge against J. E. Aldridge. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Was the “marriage,” between complainant and defendant in Greenville, in July, 1914, a valid marriage? On this proposition hangs all the law applicable to this case.

Hon. E. N. Thomas, Chancellor. Proceedings by the state, on relation of Eoss A. Collins, Attorney General, against the Crescent Cotton Oil Company. Eelief denied and relator appeals. The facts are fully stated in the opinion of the court. Chapter 162, of the Laws of 1914, was enacted as an aid to the enforcement of the anti-trust laws of this state and for the purpose of cutting off some of the effective weapons for destroying competition.

Hon. G. C. Tann, Chancellor. Bill by R. W. Sturges and another, executor of the estate of Theodore Sturges, deceased, against H. J. Woods, to cancel a promissory note. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Notes, the payment of which are contingent on the. termination of a life, have been held to import a consideration, where this was questioned.

Hon. W. M. Denny, Jr., Chancellor. Biil by Frank P. Bass against Felix Boeries and another. From a decree overruling a demurrer to answer and cross-hill, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. James Neville, Judge. W. H. Garbutt was convicted of violation of chapter 94, Laws 1912, and appeals. The facts are fully stated in the opinion of the court. We submit that said act under which appellant was arrested is in violation of the Constitution of the United States and acts of Congress, and tiiat a peremptory instruction should therefore have been given the defendant.

Hon. T. B. Watkins, Judge. Suit by Ben Walker against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. H. Neville, Judge. Suit by Mrs. J. H. Shepperd against the City of Gulf-port. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. H. Neville, Judge. Proceeding by Wirt Adams, state revenue agent, against the First National Bank of Gulfport. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. Suit by Joseph Myer against J. S. Lewis. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. There is involved in this case, the question of whether or not the lessee of sixteenth section land has such title vested in him as gives him the right to sue for and recover for timber cut, where there is plenty of timber left for estovers.

Hon. E. N. Thomas, Chancellor. . Emma Shrader was removed as administratrix and J. W. Johnson appointed administrator, and Shrader appeals. The facts are fully stated in the opinion'of the court..

<p>Appeal from tlie chancery court of Pearl River county.</p> <p>Hon. D. M. Russel, chancellor.</p> <p>Bill hy D. D. Durham against Mrs. Eva C. Butter-worth Dibert. Prom a decree overruling' demurrers to the bill, defendant appeals.</p> <p>Appellee was complainant in the court below, and appellant, Mrs. Dibert, a nonresident of Mississippi - and a resident of New Orleans, La., was the real defendant in interest. The bill seeks to enjoin an execu- * tion of a judgment held by Mrs. Dibert against appellee in the sum of approximately three thousand six hundred dollars. A temporary injunction was granted, and the nonresident defendant appeared and filed a general demurrer to the bill. The demurrer was overruled, and an appeal granted to settle the law of the case. The bill charges that appellee leased some pine timber for turpentine purposes from the White Cedar Pile & Pole Company, a corporation of Louisiana; that this nonresident corporation acted by and through its secretary and general manager, John Dibert, the husband of the defendant, Mrs. Eva C. Dibert; that John Dibert was the owner of practically all, if not all, of the capital stock of the corporation; that the consideration for the turpentine lease was evidenced and paid by certain promissory notes executed by appellee, Durham, to his own order, one note for one thousand dollars due sixty days after February 17, 1912, its true date, the other for three thousand dollars, payable October 15, 1913, both bearing interest at six per cent, interest per annum; that after the execution and delivery of the said notes they became. the individual property of John Dibert; and that John Dibert died leaving appellant, his widow, as his sole heir at law and as the sole owner of said notes. The contract between Durham and the White Cedar Pile ‡, Pole Company, Limited, is evidenced by writing made an exhibit to the bill. It was executed February 17,1912, in the city of New Orleans, and the notes given for the consideration were likewise dated and executed at New Orleans, La., and made payable in that state. The contract for the corporation was signed by John Dibert as secretary, and his authority to execute the lease is not questioned. The contract describes the timber leased, and contains certain provisions or alleged warranties upon which the complainant in this suit bases a claim for damages. It is provided that Durham shall have the turpentine privileges of section 8, township 3 south, range 16 west, for two turpentine seasons from the date of the contract, and that, if the lessor or any one at its instance entered upon said section for the purpose of cutting the timber thereon, only one forty acres at a time shall be cut, and that no entry shall be made upon any other portion of section 8 until said forty acres are entirely cut; that, if “any person having the right to cut the timber” enters upon the land for the purpose of cutting the said timber, he shall do so “under the restrictions above set forth,, and when necessary or such person to enter upon said land under said restrictions, D. D. Durham shall receive three and one-half cents per cup for all cups that he shall be deprived of in the use of section 8 during two turpentine seasons from the date of this act.” There is a similar provision in reference to section 17 upon which Durham is given the turpentine privileges for three years with the guaranty that, if the lessor enters upon section 17 for the purpose of cutting timber, he shall do so “after the close of the second turpentine season,” and if an entry is made prior to the close of the second turpentine season, “they shall reimburse D. D. Durham at the rate of two cents' per cup for such land in section 17 of which he may be deprived of the use of.” The total consideration of five thousand dollars was one thousand dollars cash and the balance by the two promissory notes mentioned. The bill and exhibits show that John Dibert died some time in the years 1912, and that a judgment by division D, civil district court of New Orleans, rendered July 12, 1912, by Porter Parker, Judge, placed “Mrs. Eva O. Butterworth, widow of John Dibert,” in possession as sole owner of all the property and effects, movable and immovable, of John Dibert, deceased, including the notes given for said turpentine lease. After the rendition of this decree, and on November 19,1912, Mrs. Dibert, as the sole owner of said notes, exhibited her bill in the chancery court of Pearl River county to recover a judgment upon the notes and to enforce a vendor’s lien upon the turpentine lease and rights granted the defendant, Durham. To this bill of complaint Durham made no defense, and a decree pro confesso and final decree based thereon were taken against the defendant. After the filing of this bill by Mrs. Dibert, Durham paid one thousand dollars, the amount of the first note, and entered into some kind of an arrangement with the complainant whereby he executed a bond in lieu of a receiver and was permitted to proceed with the working of his turpentine orchards and to remove the products. The condition of this bond was that, if the court should adjudge the defendant indebted to Mrs. Dibert upon the second note for three thousand dollars, Durham would then pay the said note, with interest and costs. The final decree adjudged the defendant indebted to Mrs. Dibert in the full sum of the three thousand dollar note, and from this final decree Durham appealed to the supreme court. The present bill exhibited by appellee, Durham, refers to this original suit No. 681 in the lower court, No. 17718 in the supreme court, affirmed in 70 So. 839, and incorporates the pleadings and exhibits of the first suit as a part of the original bill for writ of injunction in the present suit. After cause No. 681 was affirmed by the supreme court, mandate was issued and an execution thereon was issued and placed in the hands of the sheriff of Pearl River county, who was proceeding to levy upon the property of the defendant, Durham, and his sureties when the .present bill for injunction was filed. The only defendants to the present suit are the sheriff of Pearl River county and Mrs. Eva C. Butterworth Dibert, appellant herein. The bill here under review charges that the lessor, White Cedar Pile & Pole Company, entered upon the timber leased to appellee before the termination of his lease, and destroyed many of the boxes, and wrongfully took away from appellee his turpentine rights and privileges, and that this was done under the direction of John Dibert. • The prayer of the bill is that execution of the final decree held by Mrs. Dibert against appellee be enjoined and stayed, that the court award damages for breach of the covenants contained in the written lease, and that the amount of these damages be offset against the consideration for the lease as evidenced by said notes and the judgment sought to be enjoined. There are various grounds of demurrer, a detailed statement of which is unnecessary.</p>

Hon. C. H. Wood, Special Chancellor. Bill by Mary F. Havens against W. E. Thibodeaux. Held: “that a void sale is no sale and no conveyance can be supported by it, and the Code of 1880, section 525, will not bar a delinquent tax payer from setting up as a defense to the sale of his land a total departure from the provisions of the law governing and directing the assessment and sale of land for taxes.” The court, will observe…

Hon. O. B. Taylor, Chancellor. 'Suit by the Illinois Central Bailroad Company and the Yazoo & Mississippi Yalley Bailroad Company against the Mississippi Bailroad Commission. Prom decrees dismissing each bill, plaintiffs appeal. The facts are fully stated in the opinion of the court.

Hon. W. ■ H. Hughes, Judge. Suit by Bobert Bright, a minor, by next friend, against the Sawmill Construction Company and the Finkbine Lumber Company. From a judgment against the first named defendant only, both plaintiff and that defendant appeal. The facts are fully stated in the opinion of the court.

Hon. J. Gr. McG-owen, Chancellor. Suit by Stokes Bobertson, revenue agent, against the Bank of Batesville and others. From a judgment overruling a demurrer to a cross-bill, plaintiff; appeals. The facts are fully stated in the opinion of the court.

Hon. R. M. Heidelberg, Judge. Suit by Hattie Moore Huff and another against the Bear Creek Mill Company. Affirmed and defendants appeal and reversed and remanded on plaintiff’s appeal, for the purpose of assessing the amount of damages. The facts are fully stated in the opinion of the court.

Hon. J. L. Bates, Judge. - Suit by Weil Bros, against Hans Wittjen. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. There - are three principal questions of law,involved in the presentation of this case as presented by the facts above recited: First: The demurrer filed by the plaintiff to the pleas of the defendant should have been sustained.

Hon. W. A. Alcorn, Jr., Judge. Suit by tlm Green River Lumber Company against Scott & Garrett. From a judgment for plaintiff, defendants appeal. The facts are fully stated in the opinion of the court. Under the. evidence in this case, the defendants were at most, only sureties for the payment of this rent, Norris being the principal debtor.

Hon. Paul B. Johnson, Judge. Suit by the London Guarantee & Accident Company against the J. J. Newman Lumber Company. From a judgment for plaintiff for part of its claim, plaintiff appeals. This action was begun in the court below by appellant to recover of appellee a balance alleged to be due it on the premium on an employers’ liability policy issued by it to appellee on March 31, 1909.

Hon. Sam; J. Osborn, Special Judge. Suit by Townes & Sturdivant against Edward Holland & Co. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The rule is so well settled by the many decisions of opr supreme court as to when it is proper for the court to give a peremptory instruction to the jury as to how they should return their verdict, that I deem it useless to cite the cases on that point.

Hon. W. M. Denny, Jr., Chancellor. Bill in equity hy L. E. Turner against W. D. Harvison. Prom a decree overruling a- demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. O. B. Taylor, Chancellor. Bill by Henry Folsom and others against the Illinois Central Railroad Company. Bill dismissed and plaintiff appeals. The facts are fully stated in the opinion of the court. Since the chancellor found that the property of the com'plainants was totally destroyed by the fire set out by sparks emitted from defendant’s locomotives, the judgment and decree must be for the complainants.

Hon. J. D. Car, Judge. Suit by Alonzo Spencer against the Newton Oil Mill. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Instruction number one is clearly and manifestly wrong. We cannot understand how counsel or the court got it into their minds that a door placed in the floor as this one was was inherently dangerous.

Hon. W. H. Potter, Judge. Mandamus by N. B. Naylor to require Bobt. Wilson, State Auditor, to issue a warrant refunding the purchase money for certain land. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. A. E. Wbati-iersby, Judge. Claim by Tally & Mays on, attorney, against Lamar County. The claim being denied by the board of supervisors, claimants appeal to the circuit court, where judgment was rendered for claimants and the county appeals. The facts are fully stated in the opinion of the court.

Hon. E. N. Thomas, Chancellor. Proceeding by -J. W. Rule against W. Gr. Barner, Administrator. Prom a decree allowing the claim, the administrator appeals. The facts are fully stated in the opinion of the court.

A. J. McIntyre, Chancellor. Suit in equity by the American Bankers Safety Company against W. W. Hall, receiver of the Long View-Bank, to recover possession of a safe. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The appellee cannot recover this safe under its reservation of title by contract for the manifest reason that it sold the safe vault door, and equipment to Hardin Adams for the purpose of resale.

Hon Albert T. Woodward, Chancellor. Suit by J. D. Gwin against W. K. Gwin and others, executors of S. D. Gwin, deceased. From a decree for complainants, defendants appeal. This suit was filed in the chancery court of Holmes county for the purpose of obtaining the partition in kind of certain real and personal property, and also for the purpose of obtaining a construction by the court of the will of Samuel D. Gwin.

Hon. E. D. Dinkins, Judge. Suit by Mrs. Laura May Farmer against the Sovereign Camp, Woodmen of the World. From a judgment for- plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. Suit by the Gulfport Grocery Company against Brooks & Myers. Prom a judgment for plaintiff, defendants appeals. The facts are fully stated in the opinion of the court. The first assignment of error is that the court erred in granting a peremptory instruction for the plaintiff. We believe this assignment of error is well taken for the reason that evidently upon the evidence adduced in this case, the case should have been, submitted to the jury.

Hon. Gr. C. Tann, Chancellor. BilL by Leona Moorehead and others against John Williams and others. Prom a verdict for complainant, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. W. H. Potter, Judge. Suit by the Warren-Godwin Lumber Company against the Postal Telegraph-Cable Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

PIon. O. B. Taylor, Chancellor. . Suit by the Bank of Newton and others against W. T. Pate and others. Prom an order overruling a demurrer to the bill of complaint, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. A. E. Wíeati-iersby, Judge. Suit by F. V. B. Price and others and H. J. Sims and others. From a judgment of the circuit court affirming a judgment of the board of supervisors denying the petition for an election on the question of issuing bonds for a consolidated school district, Price and others appeal. The facts are fully stated in the opinion of the court.

Hon. J. G. McGowen, Chancellor. Suit by the state of Mississippi against Mrs. S. E. Hamilton. From a judgment for defendant, the state appeals. The facts are fully stated in the opinion of the court. The University of Mississippi is a public corporation, a creature of the legislature, subject to the political or legislative power of the state at all times; an instrumentality of the state, having no vested power savó by and through the state by the legislature thereof.

Hon. W. J. Gex, Special Chancellor. Suit by Jennie T. Albritton against Mrs. N. M. Fairley. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of.the court. It was to meet just such cases as this that the statute, section 4285, was passed, although there -has been much quibbling over it, and some few decisions have seemed bent on judicially repealing it, but those are not the later decisions.

chancery court of Neshoba county. Hon. W. J. Musk, Special Chancellor. Suit between Mrs. Mary Carmichael and another and J. B. Parks and another. Prom a decree for the latter, the former appeals. On suggestion of error, for former opinion see 76 So. 578. The facts are fully stated in the opinion of the court. “The burden is on the purchaser to show that the sale was made in good faith,” citing Jeffries v. Dowdle, 61 Miss. 508. Appellees cite a number of supposed authorities.

Hon. Gr. C. Tann, Chancellor. Suit, by J. B. Merlde against the Foote-Patrick Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The third proposition relied on by appellee is that appellant did not file for record with the deed made him by the sheriff, a transcript of the judgment of the justice of the peace, and a copy of the execution under which said land was sold.

- Hon. Albert Y. Woodward, Chancellor. Proceeding by Mrs. M. T. Helm to probate a will. Mrs. W. B. Sheeks and others filed a caveat.. Prom a judgment for the latter, the former appeals. The facts are fully stated in the opinion of the court.

ITon. W. M. Denny, Chancellor. Suit by John I. West, Jr., against the Union Naval Stores Company. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court. We have given the pages of the record in this brief, showing what transfers were made and where they were made, and the refusal of the original trustee to act, and the appointment of a substituted trustee. All of these are indisputably manifested by the record.

Hon. Gr. C. Tann, Chancellor. Bill by S. M. Hinton against the Liverpool & London & Globe Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We will answer the appellee’s brief by its headings. Appellee argues that the evidence is sufficient to show that the appellant Insurance Company made an agreement to extend appellant’s insurance.

Hon. J. D. Carr, Judge. Suit by Philip Lockman, against the Alabama & Vicksburg Railway Company. From a judgment on a peremptory instruction for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. Joe May, Chancellor. Suit by W. H. Smith against the McShane Cotton Company. From a decree in favor of complainant, defendant appeals. Held: as far back as 2 Howard, that defects in the declaration are cured after judgment by ’default. Ragsdale v. Caldwell, 2 How'. (Miss.) 930; Wells v. Woodley, 5 How. (Miss.) 484; Bréele v. Smith, 44 Miss. 690. Of course this means defects which are not essential to stating a good cause of action.

<p>1. Drains. Formation of drainage districts. Notice to landowner. ' Statute.</p> <p>Laws 1912, chapter 195, as amended by Laws 1914, chapter 269, providing for the organization of drainage districts do not contemplate that the published notice to the owners of the land shall be directed to each owner by name. The proceedings prescribed were and are in rem and are of such a nature as would arrest the attention of all interested persons and any other method would be impracticable.</p> <p>2. Constitutional Law. Delegation of legislative power to chancery court.</p> <p>Laws 1912, chapter 195, as amended by Laws 1914, chapter 269, providing for the creation of drainage districts is not unconstitutional because it confers or imposes jurisdiction upon the chancery court in cases wherein the proposed district is to embrace territory situated in more than one county.</p>

Hon. E. D. Dinkins, Judge. Suit by the Union Cotton Oil Company against A. M. Patterson. Judgment on peremptory instruction for defendant, and plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. D. M. Miller, Judge. Suit by A. N. Horton against Lincoln county. Prom a judgment sustaining a demurrer to the declaration, plaintiff appeals. Held: in Neio Orleans v. Gharonleau, 46 So. 911, 18 L. R. A. (N. S.) 368, that diseased cows might be destroyed as a police regulation without making compensation to the owner. See also, Huston v. State, 98 Wis. 48, 74 N. W. Ill; 42 L. R. A. 39; 28 Am. Rep. 352.

Appeal' from the circuit court of Newton county, Hon. J. D. Carr, Judge. Suit by J. R. Buckwalter Lumber Company against the Hartford Fire Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. G. McGauen, Chancellor. Suit hy J. C. Perry against the Bank of Commerce. Prom a decree overruling a demurrer to complainants’ bill, defendant appeals. The facts are fully stated in the opinion of the court. There is no authority under the Constitution and laws of Mississippi to compel a shareholder to accept a reduction in capital stock and to have .his private property evidenced by shares, taken for the benefit of the corporation.

Hon. E. N. Thomas, Chancellor. Suit by IT. C. McCabe, Trustee in Bankruptcy, against Frank Guido. From a decree sustaining a general demurrer to the bill of complaint, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. J. L. Bates, Judge. Suit by Lucretia Kirkpatrick and others against the Ferguson-Palmer Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.