7. Although the husband as such, has no right to control
the separate estate of his wife, yet he may,
any other
person, do a ministerial act, such as purchasing goods
for the trust estate. Ibid.
8. Taking the note of the manager of the trust estate, in
settlement of the account for goods debited to the manager
individually, but which went to the use of the cestui que
trusts, does not relieve the trust estate from liability to
pay out of its income, where it does not appear that
exclusive credit was given to the agent. Ibid.
See Husband and Wife, 1, 2, 3. Judgment, 12. Lim. of
Actions, 2, 3, 4.
1. At Common Law, a contract which is not tainted with
usury in its inception, is not made usurous by a subse-
quent agreement to pay usury in consideration of forbear-
Troutman vs. Barnett et al...............
2. Under our Statutes, if a judgment not tainted with usury
is transferred, and the transferree agrees with the defend-
ants to forbear its collection for a term of time, in consid-
eration of usurious interest paid him, such subsequent
agreement is usurious, and affects the judgment so far as
to make the principal due thereon, only collectable. Ibid.
See Equity, 7. Witness, 1.
1. Where the Jury in an action of trespass against two joint
trespassers, returned the following verdict: "We the Jury,
find Simpson, $150, and Edwards $100, and all the costs to
be paid by Simpson and Edwards; and fifty dollars dam-
VOL IX 81
1. A plaintiff seeking to recover for injury done his land by
the erection of a mill-dam, cannot recover where para-
mount title is shown in another, by his own evidence.
Morris vs. McCamy......
2. Where an immediate act is done by the co-operation, or
the joint act of two or more persons, they are all trespass-
ers, and may be sued jointly or severally, and any one of
them is liable for the injury done by all. To render one
man liable in trespass for the acts of others, it must ap-
pear, either that they acted in concert, or that the act of
the party sought to be charged, ordinarily and naturally
produced the acts of the others. Brooks vs. Ashburn..... 297
See Ejectment, 2, 3. Pleading, 1.
TRUSTS AND TRUSTEES.
1. Trust estates are liable to pay out of their income for
goods or services furnished or rendered, and such as are
necessary and proper. Wylly et al. vs. Collins & Co.... 223
2. A creditor is not bound to ascertain whether the Trustee
is, or is not in arrears to the trust estate.
3. The rule in South Carolina to this effect, ought not to be
adopted in Georgia, where no returns are made by trus-
tees, other than executors, administrators and guardians,
of their receipts and disbursements. Ibid.
4. Future income may be applied to past indebtedness.
Ibid.
5. A wife and children who have separate property settled
upon them, are not bound to support the husband and
father, though owing to his insolvency they may be
bound to support themselves. Ibid.
6. The registry of the deed of settlement, accompanied by
the management of the trust property by the husband is,
as to third persons, evidence of his agency for the trust
property. Ibid.
7. Although the husband as such, has no right to control
the separate estate of his wife, yet he may,
person, do a ministerial act, such as purchasing goods
for the trust estate. Ibid.
8. Taking the note of the manager of the trust estate, in
settlement of the account for goods debited to the manager
individually, but which went to the use of the cestui que
trusts, does not relieve the trust estate from liability to
pay out of its income, where it does not appear that
exclusive credit was given to the agent. Ibid.
See Husband and Wife, 1, 2, 3. Judgment, 12. Lim. of
Actions, 2, 3, 4.
1. At Common Law, a contract which is not tainted with
usury in its inception, is not made usurous by a subse-
quent agreement to pay usury in consideration of forbear-
Troutman vs. Barnett et al.................
2. Under our Statutes, if a judgment not tainted with usury
is transferred, and the transferree agrees with the defend-
ants to forbear its collection for a term of time, in consid-
eration of usurious interest paid him, such subsequent
agreement is usurious, and affects the judgment so far as
to make the principal due thereon, only collectable. Ibid.
See Equity, 7.
Witness, 1.
1. Where the Jury in an action of trespass against two joint
trespassers, returned the following verdict: "We the Jury,
find Simpson, $150, and Edwards $100, and all the costs to
be paid by Simpson and Edwards; and fifty dollars dam-
VOL IX 81
ages to be paid by Simpson :" Held, that the legal effect
of the verdict was, that the Jury intended to find $200
damages against Simpson, the principal trespasser, and
that a joint judgment should be entered against both de-
fendants for that amount; and a remittiter entered as to
the $100 found against Edwards. Simpson and Edwards
vs. Perry......
2. Verdicts are to have a reasonable intendment, and to
receive a reasonable construction, and are not to be
avoided unless from necessity. Simons et al. vs. Rarden
and wife.......
3. Where a bill was filed by John A. Rarden and Henrietta
his wife, (formerly Henrietta Ogletree,) to recover cer-
tain slaves in right of his wife, and the Jury on the
trial of the cause, found the following verdict: "We the
Jury find and decree, that the complainant, Henrietta G.
Rarden, (formerly Henrietta G. Ogletree,) in her own
right, and for her own use, do recover of the defendant
the negro slaves, &c." Held, on a motion in arrest of
Judgment on the ground, that the verdict did not find in
favor of the marriage of the parties, which was denied by
the defendant's answer, that the legal effect of the ver-
dict was in favor of the marriage. Ibid.
See Practice Supr. Court, 4, 12.
See Administrators, &c. 3. Sheriff's Sale, 2.
1. A conflict between the equities of a bona fide purchaser
and a volunteer, can only arise where both parties claim
under the same grantor. Whittington vs. Doe ex dem.
Wright......
See Constitutional Law, 1.
issued by the Clerk
objection to the regu-
1. Where an alias fi. fa. has been
without an order of the Court, the
larity of the proceeding comes too late, after the parties
had litigated a claim case under such alias fi. fa.
detect will be considered as having been waived.
son vs. Halstead, Taylor & Co......
1. The widow of an intestate is not entitled to have advance-
ments made by the intestate to his children brought into
hotchpot for her benefit. Beavers, ex'r. vs. Winn, ad'mr.. 189
2. The widow dying in less than one year after adminis-
tration upon the estate of her husband, without having
elected to take a child's part of the real estate, her exec-
utor cannot recover it after her death.
3. She is entitled to her year's support, whether the estate
be solvent or insolvent. Hopkins vs. Lang, executor...... 261
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