Volume 83 — Mississippi Reports

From the circuit court of Tishomingo county. HoN. Eug-ENE O. Sykes, Judge. Mackmasters was indicted for the murder of Uriah Mack-masters, his own father, was tried three several times and convicted on each trial of manslaughter. The case has twice before been in the supreme court and the conviction on each of the former appeals was reversed, see Mackmasters v. State, 81 Miss., 374, and Mackmasters v. State, 82 Miss., 459.

Erom tbe chancery court of Warren county. IIon. William: P. S. Ventress, Chancellor. The appellant, Armstrong, was defendant, and the appellee, Owens, complainant in the court below.

Ebom the circuit court of Scott county. IíoN. JohN R. ENOCHS, Judge. Platt and another, appellants, were plaintiffs, and Howie and another, appellees, were defendants in the court below. Erom a judgment in plaintiffs’ favor, the defendants appealed to the supreme court. The suit was to recover on a written contract for the sale of cologne. The defense was that the contract had been procured by fraudulent representations.

Erom: the circuit court of Lauderdale county. Hour. GuioN Q. Hall, Judge. Grant, appellee, was plaintiff, and Spann and others, were defendants in the court below. Erom a judgment in plaintiffs’ favor against Major Spann and his wife, T. M. Spann, two of defendants, they appealed to the supreme court. The facts are. stated in the opinion of the court.

From the circuit court of Holmes county. PIoN. Louis M. Southworth, Special Judge. Porter, appellant, was tried and convicted of a misdemeanor, the violation of Code 1892, § 1315, and appealed to the supreme court.

From the circuit court of Noxubee county. Hon. Guión Q. IIall, Judge. The Imperial Cotton Oil Company, appellant, was plaintiff in the court below; Allen, appellee, was defendant there. Plaintiff sued out an attachment against defendant on the ground of the nonresidence of the latter. The affidavit was traversed, defendant denying that he was a nonresident. On this point the evidence was conflicting.

From: tbe circuit court of, first district, Hinds county. HoN. Robert Powell, Judge. Fuller, appellant, was indicted, tried, and convicted for gambling. On bis motion for a new trial be introduced testimony to tbe effect that one of tbe jurors, after tbe return of tbe verdict, stated in explanation of tbe finding “tbat everybody knows Fuller to be a gambler.” Tbe juror testified that be did not make tbe statement.

From the chancery court of Washington county. HoN. A. MoO. Kimbrough., Chancellor. The appellants, Jackson and wife, and the appellee, Lemler, and others, were all defendants to the original suit in the court below, which original suit was begun by Reuben W. Millsaps, complainant. The facts were these: In 1891 Jackson and wife, appellants, owed appellee, Lem-ler, $780, and in February of that year they executed a mortgage on land, their homestead, to secure the debt.

From tbe chancery court of Copiab county. HoN. HeNry 0. CoNN, Chancellor. Rowan, appellee, was complainant in the court below; Lamb, appellant, was defendant there. From a decree in complainant’s favor defendant appealed to the supreme court, and complainant prosecuted, a cross-appeal. Tbe facts are fully stated in tbe opinion of tbe court.

From tbe corcuit court of, second district, Perry county. Hon. John B. Enochs, - Judge. McLaurin, district attorney, appellee, suing on tbe relation of one William H. Cook, was plaintiff in tbe court below; Bich, appellant, was defendant there. Tbe action was a quo warranto to recover possession of tbe office of police justice of tbe city of Hattiesburg. Bich was mayor of tbe city in 1901 and 1902, and acted as police justice by virtue of being mayor.

From: the circuit court of Tunica county. HoN. Samuel O. Cook, Judge. Abbay, appellant, was defendant in the court below; the board of levee commissioners, appellee, was plaintiff there.

From the chancery court of, first district, Hinds county. HoN. Robert B. Mayes, Chancellor. Woodruff and others, appellees, were complainants in the court below; the State of Mississippi, appellant, and others were defendants there. The object of the suit was to subject a large quantity of lands to the payment of bonds, aggregating over $300,000, issued by one of the levee boards of the state.

FitOM the chancery court of, first district, Hinds county. HoN. Eobert B. Mayes, Chancellor. Woodruff and others, appellees,, were complainants in the court below; the State of Mississippi, appellant, and others, were defendants there. For a short history of the litigation see statement of facts in State v. Woodruff, (this case on a motion), ante 107: The facts involved on this appeal are fully stated in the opinion of the court. .

Prom tbe circuit court of Leflore county. How. Prahk E. LarkiN, Judge. Priebatscb, tbe appellee, was plaintiff in the court below; tbe Lodge, appellant, was defendant there. Prom a judgment in plaintiff’s favor, tbe defendant appealed to tbe supreme court.

From tbe circuit court of, first district, Coahoma county. HoN. Samuel 0. Cook, Judge. Hopsen, appellee, was plaintiff in tbe court below in a replev-in suit brought against one Parker, wbo gave bond for tbe retention of tbe property, witb appellant Sparks as surety on bis bond. Judgment was rendered in plaintiff’s favor against defendant Parker and the surety on bis replevin bond, appellant Sparks for tbe return of tbe property, valued at $50, and tbe payment of all costs.

ITrom: the circuit court of, first district, Hinds county. HoN. Robert Powell, Judge. . Sylvester Nichols, administrator of the estate of Jack Nichols, deceased, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there.

Eeom the chancery court of Wilkinson county. Hon. Widliam P. S. VeNtbess, Chancellor. Joseph Redhead, and. others, appellees, propounded for probate an instrument of writing as the last will and testament of John A. Redhead, deceased. Mrs. Redhead, appellant, objected to its probation.

Erom the chancery court of Attala county. HoN. James E. McCool, 'Chancellor. This suit was begun by a petition, filed by appellant Edwards under § 1955 of the Code of 1892, asking that appellee Kelly be summoned to show cause why a final account should not be made by him as executor, and also as testamentary guardian under the will of Laura Y. Kelly, deceased.

Ekom the circuit court of Monroe county. HoN. Eug-eNe 0. Sykes, Judge. Tatum, appellee, was plaintiff in the court below; Whitfield and wife, appellants, were defendants there. From a judgment in plaintiff’s favor defendants appealed to the supreme court. The legislature, in March, 1882, passed a law to prevent live stock from running at large in Monroe county. Chapter 236, Laws 1882, p. 237.

From tbe circuit court of Lowndes county. HoN. EugeNe 0. Sykes, Judge. Mrs. Taylor, appellant, was tbe plaintiff in tbe court below; Bradford, appellee, was defendant there. Erom a judgment of tbe court below sustaining defendant’s demurrer to plaintiff’s declaration tbe plaintiff appealed to tbe supreme court. Bradford, appellee, was a young gentleman of fortune, whose disability of infancy bad been removed by decree of tbe chancery court, so that be could go into business.

Feom: tbe circuit court of Alcorn county. HoN. EugeNe O. SyKES, Judge. Lanning, appellee, was plaintiff, and tbe railway company, appellant, was defendant in tbe court below. From a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court.

From: the circuit court of Monroe county. lloN. EugeNE O. Syxes, Judge. Randle, appellee, was plaintiff, and Koyse, appellant, was defendant there. From a judgment in plaintiff’s favor, the defendant appealed to the supreme court. The facts are, sufficiently stated in the opinion of the court.

Prom the circuit court of Marshall county. Hon. Perrin H. Lowrey, Judge. Gallegly, the appellant, was plaintiff, and the railroad company, appellee, was defendant in the court below. From a judgment in defendant’s favor, the plaintiff appealed to the supreme court.

From tbe chancery court of Grenada county. Hon. James 0. Longstrpet, Chancellor.. Grantham, and others, appellants, were complainants in the court below; Mrs. Statham and others, appellees, were defendants there. One Green died in June, 1900, intestate. He was unmarried and left no father or mother, or brother or sister, surviving him, or descendants of them. Complainants are tbe descendants of aunts of tbe deceased Green who died before be did.

From the circuit court of Warren county. HoN. George AedersoN, Judge. Mitchell, appellee, was plaintiff, and the railroad company, appellant, was defendant in the court below. From a judgment for $1,000 in. plaintiff’s favor, the defendant appealed to the supreme court. On August 11, 1901, Mitchell bought a round-trip ticket from Vicksburg to Glass, a flag station on appellant’s line of road ten miles south of Vicksburg.

From the circuit court of Marshall county. Hon. PerriN H. Lowrey, Judge. Buff, appellant, was plaintiff, and Montgomery, appellee, was defendant in the court below. From a judgment in defendant’s favor, plaintiff sought to appeal to the supreme court. The defects of the record upon which the supreme court acted in dismissing the appeal are fully stated in the opinion of the court.

Prom the circuit court of Marshall county. UoN. PerriN H. Lowrey, Judge. Ruff, appellant, was plaintiff in the court below; Montgomery, appellee, was defendant there. From a judgment in defendant’s favor, the plaintiff appealed to the supreme court. The facts are fully stated in the opinion of the court.

From tbe circuit court of Washington county. HoN. A. McC. Kimbrough, Judge. Reed, tbe appellant, was charged, tried and convicted of the violation of an ordinance of tbe city of Greenville. lie appealed to tbe circuit court from tbe municipal court and was there again tried and convicted and appealed therefrom to the supreme court.

Feom the chancery court of, second district, Choctaw conntv. HoN. Adam M. Eyed, Chancellor. The suit was a proceeding by motion made by Hughes, appel: lee, in the chancery court for an allowance of $811.80 on account of a purchase by appellee, as chancery clerk, of furniture, shelving for record deed books, etc., placed in the chancery clerk’s offices: Hughes, the appellee, chancery clerk of Choctaw county, .needed additional shelves for his records of deeds.

Ebom the chancery court of Warren county. HoN. William P. S. Ventbess, Chancellor. Lowenthal, appellee, was complainant, and Mrs. Keene and others, appellants, were defendants there. Held: that the contract could be enforced.” Wyeth v. Mahoney, 32 Graft. (Va.), 645. The case of Mollis et al. v. Bwt'gess, rendered by the supreme court of Kansas on November 5, 1887, 15 Pac.

From: the chancery court of Quitman county. Hon. A. McO. Kimbrough, Chancellor. Mrs. Bower and another, appellents, were complainants in the court below, the Chess etc., Company, and others, appellees, were defendants there. The suit was a proceeding to confirm a tax title. .

Froai the circuit court of Yazoo county. How. Robert Powell, Judge. Wilson and others doing business under the name of S. B. Wilson & Co., appellees, were made plaintiffs in the court below by substitution, under Code 1892, § 660. The suit was begun by John Dykes and others, doing business under the name of John Dykes & Co., as nominal plaintiffs for the use of Wilson and others, appellants.

Erok the chancery court of DeSoto county. Hon. James C. Long-street, Chancellor. Jones and others, appellees, were complainants in the court below; White, appellant, was defendant there. Erom a decree in complainant’s favor the defendant appealed to the supreme court. The facts are fully stated in the opinion of the court.

From: tbe chancery court of Copiab county. Hon. Henry C. CoNN, Chancellor. Mrs. Gibson and others, appellants, were complainants in the court below; Currier and others, appellees, were defendants there. From a decree denying the complainants a part of the relief sought they appealed to the supreme court and the defendants prosecuted a cross appeal from the decree in so far as it granted complainants any relief whatever. The facts are fully stated in the opinion of the court.

Nkom tbe circuit court of Washington county. HoN. A. McC. KiMRRougit, Judge. Petty, appellant, was indicted, tried, and convicted of tbe murder of bis wife, and appealed to tbe supreme court from a sentence to death therefor.

From: the chancery court of Warren county. HoN. William P. S. Veettress, Chancellor. McLaurin, appellee, was complainant, and IVlrs. Crawford, appellant, was defendant in the .court below. Prom a decree in complainant’s favor confirming his tax title defendant appealed to the supreme court, and complainant prosecuted a cross-appeal from the decree in so far as it denied him compensation for the use and occupation of the land in controversy.

From the circuit court of Claiborne county. Hon. George Anderson, Judge. France, appellant, was indicted, ■ tried and convicted of forgery, and appealed to the supreme court.

BkoM the circuit court of Winston county. Hon. Guión Q. Hall, Judge. Thompson, appellant, was indicted, tried, and convicted of the murder of one William Colter, sentenced to the penitentiary for life and appealed to the supreme court.

Feom the circuit court of, second' district, Coahoma county. HoN. Samuel C. Cook, Judge. Coleman, appellant, was indicted, tried, and convicted of the murder of Ella Coleman, his wife, -and sentenced to the penitentiary for life, from which conviction and sentence he appealed to the supreme court. The facts are fully stated in the opinion of the court.

Feok the circuit court of, first district, Carroll county. IioN. William F. Stevews, Judge. Burkett aud another, appellees, were indicted, as road contractors, for failing to work the public roads of Carroll county. Their demurrer to the indictment was sustained by the court below, and the prosecution dismissed. The state appealed to the supreme court.

Erom tbe circuit court of Copiab county. Hon. David M. Miller, Judge. Tbe town of Hazleburst, appellant, was plaintiff in tbe court below; tbe telephone company, appellee, was defendant there. Erom a judgment sustaining a general demurrer to tbe declaration and dismissing the suit, plaintiff appealed to tbe supreme court. Tbe demurrer assigned a misjoinder of causes of action, among other grounds, and when it was sustained the plaintiff declined to amend tbe declaration.

.Feom tbe circuit court of, first district, Hinds county. Hon. Robert Powell, Judge.

From tbe circuit court of Warren county. Hon. George Anderson, Judge. Mrs. Martin, appellee, was plaintiff in tbe court below; and Mrs. Mayer, appellant, was defendant there. From a judgment in plaintiffs favor, defendant appealed to tbe supreme court. Tbe opinion states tbe case. It cannot be said that because Mayer did not pay for one-balf of tbe wall he owes this to the plaintiff, if she did not own that half of the wall.

EeoM tbe chancery court of Covington county. HoN. StoNE Deavours, Chancellor. The case of Morrison v. American Snuff Company, 79 Miss., 330, was much relied upon by the appellee’s counsel in the court below, but it has nothing whatever to do with this case. That was a case of the consolidation of corporations. No such question is presented here, there being no such thing as a consolidation between a copartnership and a corporation.

From tbe circuit court of, second district, Perry county. Hon. JoiiN E. Ekocus, Judge. Beverly, appellant, was plaintiff in tbe court below ; tbe city of Hattiesburg, appellee, was defendant there. From a judgment in defendant’s favor, plaintiff appealed to tbe supreme court. Tbe facts are sufficiently apparent from.tbe opinion of tbe court.

From tbe chancery court, of Copiab county. Hon. H. J. Wilson, Special Chancellor. The appellee, the ITazlehurst Oil Mill and Fertilizer Company, was complainant, and the appellant, Decell, defendant in the court below. The opinion sufficiently states the case.

From the chancery court of Holmes county. HoN. A. M. Byrd, Chancellor. Stigler, appellant, was complainant, and Jaap and others, ap-pellees, defendants, in the court below. In January, 1900, O. 0. Jaap borrowed $2,000 from Mrs. T. W. Stigler through her husband and agent, G. W. Stigler, and gave a deed of trust on some lots in the town of Lexington, Miss.,-to secure same.

From the circuit court of Tallahatchie county. ETon. Samuel C. Oooh, Judge. The appellee, Sanders, was plaintiff, and the telephone company, the appellant, defendant in the court below. The appellee at Charleston, Miss., made three efforts to call up by telephone parties at Sumner, Miss. No message in writing was' given to the appellant’s agent for transmission, and the parties were never called up.

Eeom the circuit court of Webster county. Hon. William: E. Stevens, Judge. The appellant, Young, was plaintiff, and the appellee, Salley, was defendant in the court below. The opinion states the case. The excluded testimony of the plaintiff, Young, was clearly admissible. It was not offered to contradict or vary a written instrument, but to ascertain the qualities, nature, and description of the subject of a contract. Dixon v. Ooolc, 47 Miss., 220.

Prom the chancery court of Adams county. HoN. 'Wii/liaM P. S. Vehtbess, Chancellor. Knut, the appellant, was the complainant, and Nutt, administrator, and. others, appellees, were defendants in the court below.

Feom the circuit court of Copiah county. Hon. Robert Powell, Judge. King, appellant, was tried and convicted of a misdemeanor, violating laws 1900, p. 140, ch. 101, and appealed to the supreme Court. Appellant was under written contract to labor for an employer in Copiah county, and without his consent before the expiration of the contract hired to another person in Claiborne county, failing to inform the latter of the prior contract with the employer in Copiah county.

From tbe circuit court of Lafayette county. How. Perriw II. Lowrey, Judge. Howard and eighteen others, appellants, were indicted, tried and convicted of gambling and appealed to the supreme court. The appellants were jointly indicted by the grand jury for gambling.

Erom tbe chancery court of Leflore county. Hon. Carey C. Moody, Chancellor. Claude Cockrell, the appellant, was complainant in the court below, and Martha E. Cockrell and others were defendants there. Erom a decree largely in favor of the complainant, defendants appealed to the supreme court, and the complainant prosecuted a cross appeal from that part of the decree in defendant’s favor.

Erom: tbe chancery court of Alcorn county. Hon. Henry L. Muldrow., Chancellor. Mrs. Stevenson and others, appellants, were complainants and Renardet and others, appellees, were defendants, in tbe court below. Tbe opinion states tbe controlling facts of tbe case. 'A vested right is where there is an immediate fixed right of present enjoyment, or a present fixed right of future enjoyment. Marshall v. King, 24 Miss., 85.

FROM the circuit court of, second district, Perry county. Hon. JohN R. ENOCHS, Judge. Harper, appellant, a practicing physician, was indicted, tried and convicted of murder, the killing of one William B. Lawrence, sentenced to the penitentiary for life, and appealed to the supreme court. The facts are stated in the opinion of the court.

Neom tbe chancery court of Lincoln county. HoN. Robeet B. Mayes, chancellor. Decell and wife, appellants, were complainants, and McRee and others, appellees, were defendants in tbe court below. Decell and wife, appellants, filed their bill in equity ashing for permission to remove certain buildings, known as tbe “Grange Hall Boarding House,” from certain lands described in their bill.

Erom: the circuit court of Harrison county. HoN. Jakes H. Neville, Judge. Mrs. Truly and others, appellants, were plaintiffs, and the North Lumber Company, appellee, was defendant, in the court below. Appellants brought tbe suit to recover damages for the death of James B. Truly, caused by alleged negligence of the defendant.

Bbom: the circuit court of Union county. How. PeeeiN H. Lowrey, Judge. Butler, appellant, was convicted of an assault and appealed tO'the supreme court. The evidence showed that a number of persons, including appellant, were engaged in digging a grave, and one of them, McCulley, had been jokng appellant a good deal, which angered him, and appellant picked up a shovel and started toward Mc-Oulley and threatened to strike him with it, but was caught and stopped.

Erom the circuit court of Leake county. Hon. JohN B. ENoohs, Judge. Majors, appellant, was convicted of a homicide and appealed to the supreme court. The facts upon which the case turned are stated in the opinion of the court.

Ekom; tbe chancery court of Wilkinson county. Hon. William P. S'. Ventress, Chancellor. Mrs. Ogden, appellee, was • complainant, and Lessly, appellant, defendant, in tbe court below. Erom a decree in complainant’s favor, based on oral testimony delivered in open court, tbe defendant appealed to tbe supreme court. Tbe facts upon wbicb tbe opinion rests are stated therein.

From: the chancery court of Lee county. HoN. HeNky L. Muldbow, Chancellor. Ciarle anil others, appellees, were complainants in the court below. Held: “An attorney at law who is elected judge cannot complete the performance of his subsisting professional contracts by means of another attorney substituted in his stead, although clients assent to the substitution, because what a person cannot do in law by himself he can do by another.” Says the court: “It is perfectly clear,…

FROM the circuit court of Pike county. HoN. Moyes IT. WilKTNSON, Judge. Matthews, appellant, was plaintiff, and Cotton, appellee, defendant, in the court below. The opinion sufficiently states the ease. The legislature established or created the office of justice of the peace for the district of Summit. . See Laws of Mississippi, p. 182, sec. 2 (Laws 1866-7), and p. 183, sec. 5 (Laws 1866-7).

Eroh tbe chancery court of Covington county. HoN. StoNe Deavours, chancellor. The Eastabutchie Lumber Company, appellee, was the complainant, and Sanford and others, appellants, were defendants in the court below. From a decree in complainant’s favor defendant appealed to the supreme court. On February 8, 1898, one Maskew instituted preliminary proceedings to enter 120 acres of land of the United States government.

FROM the circuit court of Prentiss county. HoN. EugeNe O. Sykes, Judge. Rowland, appellant, was indicted, tried, and convicted of murder, and appealed to the supreme court. The facts are fully stated in the Opinion of the court. This court has said, “If the defendant had caught the offender in the act of adultery with his wife, and had slain him on the spot, the crime would have been extenuated to manslaughter.

Feom: the circuit court of Amite county.' How. James H. Price, Special Judge. Hoff, appellant, was indicted, tried, and convicted of seduction, and appealed to the supreme court.

From the circuit court of Rankin county. Hon. John R. ENochs, Judge. Therrell, appellant, was plaintiff, and Ellis, appellee, defendant, in the court below. From a judgment in defendant’s fayor, plaintiff appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.

Prom tbe chancery court of Jackson county. Hon. Stone Deavours, Chancellor. Nathaniel Q. Thompson, appellee’s intestate, was tbe original complainant in tbe court below; upon bis death, pending tbe suit, the cause was renewed in tbe name of appellee, Mrs. Thompson, tbe administrix of bis estate; tbe Moss Point Lumber Company and another, appellants, were defendants there. Prom a decree in complainant’s favor tbe defendants appealed to tbe supreme court.

PiiOM the chancery court of Tate county. I-ION. Held: that the note having been given during a state of intoxication, and without any consideration whatever, it could be rendered valid by the subsequent promise and forbearance; the holder of the note could have made no previous demand on which a recovery could have been had to make the forbearance to sue a legal consideration.

Erom tbe circuit court of Tallahatchie county. Hon. Samuel 0. Cooe, Judge. Ely, appellee, was plaintiff in the court below; the railroad company was defendant there. Erom a judgment for $25,000 in plaintiffs favor defendant appealed to' the supreme court. The facts are fully stated in the opinion of the court. I. (1) The language is not defamatory. It is immaterial that the defendants ought to have been satisfied with the plaintiffs work, if, in fact, they were not.

From tbe chancery court of, second district, Coahoma county. How. Carey 0. Moody, Chancellor. Ham, and others, appellants and cross-appellees,- were complainants in the court below; the board of levee commissioners, appellee and cross-appellant, was defendant there. From a decree partly and largely in defendant’s favor, the complainants appealed to the supreme court, and the defendant prosecuted a cross-appeal. The facts are fully stated in the opinion of the court.

From tbe circuit court of, second district, Talobusba county. HoN. Samuel 0. Coos, Judge. Mrs. Harper, appellee, was plaintiff, and tbe railroad company, appellant, in the court below. From a judgment in plaintiff’s favor, defendant appealed to tbe supreme court. Tbe opinion states tbe facts. Tbe evidence disclosed that the railroad company bad a rule and regulation that-passengers for local stations between Fulton and Grenada should go by the direct and shorter route.

Feom tbe circuit court of Warren county. IioN. George ANdeesoN, Judge. Adams, state revenue agent, appellant, was tbe plaintiff, and Mrs. Kuykendall, appellee, defendant, in tbe court below. Tbe opinion of tbe majority of tbe court states tbe controlling facts of tbe case.

From the chancery court of Oovington ..county. Hon. Stone Deavours, Chancellor. Mrs. Morgan, appellee, was complainant in the court below; Graham, appellant, was defendant there. The facts were these: In 1900 Thomas B. Morgan, husband of appellee, was the owner of the lands in .controversy. He was indebted to one Nicholson, who brought an attachment suit against him in the circuit court of Covington county.

From tbe chancery court of, second district, Perry county. Hon. Stone Deavours, Chancellor. Mrs. Anderson, appellant, was complainant, and Wilder, ap-pellee, defendant, in the court below. From a decree dismissing complainant’s bill, she appealed to the supreme court. Gr.

Fbom tbe circuit court of, first district, Carroll county. HoN. William F. SteveNS, Judge. Lott, appellant, was indicted, tried and convicted of an assault with intent to kill and murder one George Dodge, and appealed to the supreme court. The facts were as follows: Adolphus Lott, George Dodge and several other negroes were playing a crap game.

FroM the chancery court of Grenada county. Hon. James C. Long street, Chancellor. Tbe suit was a statutory proceeding, under Code 1892, cli. 8, by B. 0. Duncan, one of the appellees, assignee in an assignment for the benefit of creditors, executed by the Merchants’ Bank of Grenada; the defendants to the proceeding were said Merchants’ Bank and its creditors, among them the appellant. State National Bank of Saint Louis.

From tbe circuit court of, second district, Perry county. HoN. John R. Ehochs, Judge. The district attorney, suing on the relation of the city of Hattiesburg, appellee, was plaintiff, and Beverly, appellant, was defendant, in the court below. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The case turned wholly on the sufficiency of the information, in the nature of a quo warranto, to which defendant’s demurrer was overruled.

How. William; P. S. VeNteess, Chancellor. The Williams Co., and others, appellees, were complainants, and Melton and others, appellants, defendants in the court below. From a decree in complainants’ favor, adjudging a deed of trust to be void as to creditors, the defendants appealed to the supreme court.

Erom tbe circuit court of Lincoln county. Hon. Robert Powell, Judged Swalm, appellee, was plaintiff, and tbe railroad company, appellant, was defendant, in tbe court below.

[From the chancery court of Harrison county. HoN. Stone Deavours, Chancellor. The North Lumber Company, appellant, was complainant, and Gary, appellee, defendant, in the court below. From a decree dissolving an injunction, the complainant appealed to the supreme court.

Feom the circuit court of Montgomery county. IIoN. William F. SteveNS.. Judge. Brown, appellant, was indicted, tried, and convicted of murder, and appealed to the supreme court. The facts upon which the decision rests are stated in the opinion of the court.

Neom: the circuit court of Tunica county. TIon. Samuel 0. Cook, Judge. Maston, appellant, was indicted, tried, and convicted of the murder of one William Harris, was sentenced to suffer, death, and appealed to the supreme court. The facts upon which the decision turned are fully stated in the opinion of the court. The first instruction for the state is directly on the weight of evidence, and should have been refused.

From the chancery court of Jones county. IioN. Stone DeavouRS, Chancellor. Smith, appellant, was complainant in the court below; the hardware company, appellee, was defendant there. From a decree dismissing the bill of complaint and denying complainant all relief, he appealed to the supreme court.

PROM the circuit court of, first district, Hinds county. HoN. RobeRT Powell, Judge. Held: that tbe seller was responsible to the aigent for tbe perquisite of $50. Alexander v. Breeden, 53 Ey. (14 B. Mon.), 154.

FroM tbe chancery court of, first district, Marion county. HoN. StoNE Deavours, Chancellor. Foxworth, appellee, was complainant, and Marion county, appellant, defendant in the court below. From a decree in complainant’s favor, defendant appealed to the supreme court. The opinion of the court states the facts.

From the circuit court of, first district, Pauola county. HoN. L. F. Rathwatee, Special Judge. Powers, appellant, was indicted and tried for the murder of one Mills, convicted of manslaughter, and appealed to the supreme court, where the conviction was reversed and a new trial awarded. See Powers y. State-, 1A- Miss., 111.

From tbe circuit court of Lowndes county. Hon. Eugene O. Sykes, Judge. Hamilton, appellee, was plaintiff, and tbe Atlanta Stove Works, appellant, defendant in tbe court below. From a judgment in plaintiff’s favor, defendant appealed to the supreme court. Tbe facts are stated in the opinion of tbe court. [Tbe reporter has been unable to find tbe briefs of counsel in ibis case, they were lost or withdrawn from tbe record before it reached him.]

From: tlie chancery court of, second district, Perry county. HoN. StoNE Dbavours, Judge. Hightower Crawford and fifty-six other persons, appellants, were complainants in the court below; the railroad company and another, appellees, were defendants there. Prom a decree in defendants’ favor dissolving an injunction, the complainants appealed to the supreme court.

EeoM tbe chancery court of Oopiab county. I-IoN. Robert B. Mates, Chancellor. Decell, administrator, the appellee, was complainant in the court below; Rowan, appellant, was defendant there. From a decree overruling a demurrer to the bill of complaint, the defendant appealed to the supreme court. The facts are stated in the opinion of the court.

From tlie circuit court of Leflore county. Host. A. MoC. Kimbrough, Judge. Held: without the aid of the statute, that this is the rule, that railroad companies are required to use the same degree of care in operating freight trains conveying passengers as in the operation of exclusively passenger trains. Railroad Go. v. Lippman, 110 G-a., 665, 50 L. R. A., 673; Railroad Go. v. Statson, 93 K. Y., 654; s. c., 40 Am.

.From: the chancery court of Leflore county. IIoN. Carey 0. Moody, Chancellor. The Southern Railway Company, in Mississippi, appellee, was complainant in the court below, and the Yazoo & Mississippi Yalley Railroad Company, appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court.

Erom the eharicery court of, first district, Hinds county. IIoN. Robert B. Mayes, Judge. Levy and others, doing business under the firm name of M. Levy & Oo., appellees, were complainants in the court below in both cases. The Compress Company and the Alabama & Vicksburg Railway Company, appellants, were defendants in one of the suits, and the Compress Company, and the Yazoo & Mississippi Valley Railroad Company, appellants, were defendants in the other suit.

Erom the chancery court of Wilkinson county. Hon. William P. S. VeNtress, Chancellor. Mrs. Baker, appellant, propounded the will in controversy, in the court below; Brown and others, appellees, contested. The issue devisavit vel non was submitted to a jury in the chancery court and a verdict was returned in favor of the contestants. The court below overruled the motion of the proponant for a new trial and rendered a decree adjudging the will void.

<p>1.Public Lands. Homesteads. Revised Statutes U. S.,§ 2291. Alienation.</p> <p>The statutory prohibition of the alienation of public lands by parties who have taken the preliminary steps to acquire the same under the homestead laws, and who have not perfected their entries, has reference to an absolute sale of the lands or some part thereof.</p> <p>2.Same. Leasing of trees for turpentine purposes. Sale of timber.</p> <p>The leasing of trees on the land for- turpentine purposes and the sale of trees, by homesteaders who have not perfected their entries, is not an alienation within the meaning of Revised Statutes of the United States, § 2291.</p> <p>3.Same. Rights of homesteaders.</p> <p>The rights of homestead settlers, after preliminary certificates of entry and before final proof is made, are:</p> <p>(а) To occupy the land, to protect it from trespass by others and to use it for all purposes incidental to .its cultivation, with the view of complying with the homesteader’s obligations to the government arising from the entry;</p> <p>(б) To cut and remove timber from the land only when necessary for its improvement in the ordinary course of preparing his “farm for tillage,” and not for purposes of speculation or profit; but</p> <p>(e) A lease of trees for' turpentine purposes is not forbidden by any statutory provision.</p> <p>i. Public Policy. Specific performance. Equity.</p> <p>The specific performance of a contract for the lease of trees on the homestead for turpentine purposes by a homesteader who has not perfected his entry will not be denied by a court of equity on the idea that such a contract is violative of the public policy of the government, since such leases are not prohibited either expressly or by fair implication by any statute, nor by the decisions of the federal courts construing the subject-matter, nor by the rulings of any department or officer of the government, nor do they thwart its policy.</p> <p>5. Same. Estoppel.</p> <p>All contracts in reference to hpme&teads, under the laws of the United States, not in violation of express statutes or fundamental principles of public policy, although made before the issuance of the patent, may be enforced after its issuance, and such' contracts are within the “efficacious reach of the doctrine of es-toppel.”</p>