PAGE.

214. Ghent vs. Adams-Public agents not liable, &c., 8, 291; 20, 334. Parol evidence, 8, 297.

Personal liability of agents, 8, 297; 20, 334.

220. Chipman vs. Barron-Case up on a new point, and prior proceedings recited, 4, 201.

Power to rescind rule absolute, 15, 184.

Sheriff entitled to benefit of insolvent Act, 26, 140.

244. McCutchin vs. Bankston-Admissions of partners, 12, 593. 252. Booth vs. Williams-Cotemporaneous construction, 8, 153; 19, 519; 25. 275.

Equitable construction, 17, 456–7; 25, 275.

Dormant Judgment, 17, 456-7; 19,519; 25, 275.

257. Murphy vs. Lawrence-Pleading-fullness, 8, 81.

Amendable defects, 8, 81; 5, 485.

262. Smith vs. Burn-Notice of signing Bill of exceptions, 8, 255. 268. Aycock vs. Buffington-Sheriff's commissions, 19, 167. 275. Stroup vs. Sullivan-Judgment conclusive on all matters of defence that might have been presented, 2, 329; 8, 78; 4, 51, 181-2; 7,563.

Relief in Equity against judgment at law, 2, 329; B, 78; 4, 181-2, 519; 6, 175; 7, 245; 9, 250.

Diligence, 8, 78; 4, 51, 181–2; 6, 175.

282. Hacket vs. Jones-Orders of Solicitor General, for cost, 12, 355. 287. Morris vs. Wiley-Security on appeal requisite party to writ of error, 2,349.

Names of parties to be set out in writ of error, 4, 403.

290. Harris vs. The State-Dismissal of writ of error works affirmance, 4,570.

297. Kirkpatrick vs. Davidson-Parol trust, 6, 603; 10, 541-3.

Remainder not created by parol, 8, 67; 10, 473, 541; 16, 23
Remainder created in chattles, 8, 251, 10, 541.
Reversion in parol, 16, 24.

304. Trippe vs. Lowe-Fraud-Equity jurisdiction, 9, 534.

Fraudulent conveyance-remedy of creditor, 19, 293; 20, 466.
Executor de son tort, 20, 466.

307. Edmondson vs. Dyson-Intention of testator, 3, 558.

Executory trust, 3, 559; 6, 534; 28, 487; 26, 147: 29, 675.
Rule in Shelly's case, 29, 675

325. Kenan vs. Miller-Relief in Equity against judgment, 4, 182. Judgment conclusive on all matters of defence, 4, 182; 7, 563. Diligence, 4, 182.

337. Carter vs. Buchanan-Supreme Court will not look out of the record, 8, 255. (Case up again on new points. 9, 539.)

Judgments, decisions, &c., that writ of error will lie on, 11, 308, 878; 12, 44; 18,507; 14, 163.

Appeal cuts off writ of error, 18, 507.

PAGE.

349. Fish vs. Chapman-common carrier's liability-general rule, 8, 164. Notice and special acceptance by carrier, 19, 210: 21, 539. 370. Anderson vs. The State-Opinion on the facts by the Judge, 5, 442–4; 6, 297.

Interest-Liquidated demand, 14, 383.

403. Carey vs. Rice-Security on appeal is a requisite party to writ of error, 2, 440; 4, 559-68.

Names of parties to be in writ of error, 4, 403.

Writ of error amendable, 4, 403; 18, 158.
Statement of proceedings in the case, 10, 19.

413. Butler vs. Durham-Cancellation of writings when cloud upon title, &c., 5, 421.

Multifariousness, 9, 4, 281.

428. Broach vs. Walker-Effect of revoking letters testamentary, 8, 583-4; 6, 29.

Making administrator a party, 6, 29.

439. Coffee vs. Newsom-Security on appeal is a requisite party to writ of error, 4, 210.

Supreme Court will not look out of the record, 8, 255.

442. Coffee vs. Newsom-Recision for concealment or misrepresentation, 16, 434; 28, 30.

8 KELLY.

PAGE.

5. Pitts vs. Bullard-Title vested, where bond taken and purchase money paid, 10, 155–7, 205,234; 24, 154; 26, 178.

Levy and sale of land held under bond for titles, 10, 155–7, 205, 234.

Perfect equity good in Ejectment, 15, 527; 21, 438; 28, 324; 24, 154; 26, 137,178; 29, 25-6-8; 81, 282.

Maintenance—Statuteof 32 Hen. viii, 16, 442; 22, 106–7; 28,

87, 107.

Statute of uses-trust executed, 28, 391.

23. Smith vs. Thompson-Cause not reached, stands continued, 5, 273. 31. Young vs. McKenzie-Compensation to be made before property taken permanently for public use, 6, 12, 150; 9, 39, 356.

Grants of exclusive privileges, &c., construed strictly, 9, 221; 80, 527.

Constitutional inhibition as to taking private property, 9, 351. 47. Gibson vs. Conner-Holder's rights touching collaterals, 4, 445; 18, 655; 22, 254-8-60; 80, 154.

53. Reynolds vs. The State-Twice in jeopardy, &c., 7, 425. Discharge of jury before verdict, 7, 425; 14, 426.

Statute varying mode of selecting jurors, 20, 687, 745.

74. Robbins vs. Mount-Relief in Equity against Judgment, 4, 519. 79. Dill vs. Jones-Amendable defects cured by verdict, 23, 602. 82, Sheffield vs. Collier-Revocation of parol license, 12, 243; 24, 183.

104. Tedlie vs. Dill-Judgment rendered after death of the party, 9, 327; 80, 767.

105. Caruthers vs. Bailey-Relation of heir and of adm'r. to the realty, 7, 562; 9, 58; 14, 155; 20, 141; 30, 76.

Ejectment by administrator, 14, 156; 20, 141; 30, 76. 112. Merchant's Bank vs. Davis-Venue of Bill to enjoin proceedings at law, 7, 242. History of case referred to, 30, 745.

121. Sanders vs. Smith-Decree against executor individually on bill charging waste, 11, 666.

132. Cairns vs. Iverson-Judgment quando, 7, 151.

137. Coleman vs. Freeman-Adequate remedy at law, 11, 38.

140. Smith vs. Gettinger-Court first acquiring jurisdiction of fraud will retain it, 80, 305.

146. Ezekiel vs. Dixon-Construction of Statutes, 4, 485; 80, 527. Assignment void under Act of 1818, 7, 268; 10, 32; 12, 523. 159. Barker vs. Bethune-Assignee and assignor of chose in action, 5, 866.

Abatement on death of usee, 6, 100.

162. Hargraves vs. Lewis-Case up on new points, 6, 209.

History of the case given, 7, 111, 128.
Settlement of cause in Court, 7, 121-8.

PAGE.

Usury paid by surety, 8, 568.

Chancellor composed of Judge and jury, 11, 186.

Jury trial in Equity, 11, 188; 28, 180.

Order at Chambers, 28, 180.

169. McDougald vs. Barnard-Lien of attachment, 5, 177; 18, 338;

15, 370-1-3.

174. McDougald vs. Hall-Stranger not heard on rule to foreclose mortgage, 19, 15; 22, 352.

176. Howell vs. Fountain-Illegal contract, 5, 409-16; 9, 148; 11,

246, 547.

192. Napier vs. Howard-Wife's equity, 8, 550.

Prior decision in the case stated, and new point decided, 18, 438-9.

210. Tarver vs. Rankin-Receipt-parol evidence, 5, 377.

Satisfaction of two judgments by paying one, 24, 296.
Satisfaction of debt with less than full payment.-ib.

217. Petty vs. Mahaffy-Brief of evidence, 5, 400; 8, 112.
222. Hopkins vs. Burch-Nulla bona, as to personalty, requisite, 6, 197;
11, 89.

Amendment of officer's return,(12, 263; 22, 478; 27, 301. 239. Curan vs. Colbert-Discharge of surety, 8, 412; 6, 396; 80, 114. Levy, when satisfaction, 6, 396.

256. Paschal vs. Davis-Fraud as a reply to statute of limitations, 4, 314. Administering goods-Adm'r de bonis non takes what, 5, 58.

Adverse possession for the Statutory period gives absolute title, 5, 232.

Charge on assumed facts improper, 6, 451; 9, 457; 10, 367. Estoppel of trustee, as such, not worked by individual act, 10, 361.

274. Wiley vs. Kelsey-History of the case traced, 9, 119; 18, 229. Dormant Judgment, 18, 237; 17, 456; 25, 275.

277. Adams vs. Barrett-Case up on new points, 5, 404. Competency of witness, 10, 347-9; 12, 75.

302. Walker vs. Walker-Answer must be full, &c., 4, 505.

310. Roberts vs. The State-New trial on the evidence, &c., 4, 442; 9, 19.

Insanity, 7, 492.

New trial on newly discovered evidence, 81, 420.

333. Mims vs. M. & Western R, R.-Compensation to be made before pro perty taken permanently for public use, 6, 150.

Constitutional inhibition against taking private property, 9, 351. 345. Blake vs. Irwin-Executory trust-title and rights of trustee, 5, 236; 20, 101.

Remedy is in Equity, and not by levy and sale at law, 5, 438; 20, 101.

383. McDougald vs. Sims-Trusts that are not affected by Statute of limi

PAGE.

tations are technical and continuing trusts only, 7, 158.

405. Brown vs. Riggins-Discharge of surety, 12, 137; 30, 114. Prior decision mentioned, and the case up on divers points, 12,

276.

417. Camp vs. The State-Misdemeanor need not be so denominated, 31, 208.

422. Turk vs. Turk-Cross bill, 18, 482.

Distribution by consent, 18, 482. 14, 367; 81, 755.

426. Latine vs. Clements-Amendment introducing new cause of action, disallowed, 4, 376.

Judgment from sister State, 5, 39, 297, 513.
Jurisdiction open to inquiry, 5, 513.

435. Hemphill vs. Ruckersville Bank-History of the case and statement of the decision, 7, 404.

Injunction subject to discretion, 9, 554.

446. Truluck vs. Peeples-Purchaser protected either by his own or by his vendor's want of notice, 7, 433; 8, 275; 27, 640–1–6. 449. Thurmond vs. Reese-Relief in Equity to creditor against fraudulent conveyance, 4, 287, 323.

460. Cumming vs. Cumming-Deed and Will distinguished, 4, 65; 22, 465.

Incumbrance, how shared between property sold and unsold, 21,

441.

499. Stephens vs. Crawford-Voluntary bond, good at common law, 5, 571; 7,34; 9, 317; but subject to one recovery only, 16, 245. Delivery of official bond, 9, 317.

513. Carter vs. Buchanan-Admissions by silence, 4, 440.

Admissions, to be evidence, must appear to have been made when the declarent had an interest, 8, 207.

Resgests, 18, 66; 81, 108.

Gift-evidence of delivery, 81, 108.

523. Howard vs. Brown-Notice to sue, 11, 301; 24. 335; 26, 428. 541. Sayre vs. Flournoy-Wife's equity, 9,333.

Wife's right of survivorship, 9, 333; 17, 248.

551. Wiley vs. Smith-Parol evidence of intention, 4, 84.

569. Jackson vs. Culpepper-Deed and Will distinguished, 4, 65; 18, 522; 22, 465, 497.

575. Gilbert vs. Thomas-" Civil Cases"-Venue of Equity causes, 4, 582; 15, 81; 16, 456; 18, 678; 19, 502; 21, 461. Adm'r., when to sue for creditors, and when the latter may sue for themselves, 8, 239, 515; 10, 270.

Trustee's coadjutor in breach of trust, held accountable, 19, 132; 21, 461.

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