31. Entry on contract admissible as admission of party making. Ibid.

32. General character admissible, under ordinance prohibiting street-walkers from loitering on streets at night. Braddy vs. City of Milledgeville, 516.

33. Ancient will admissible, though probate defective. Smith et al. vs Sutton, adm'r, 528.

34. Admitted without objection, though not warranted by pleadings, proper to charge on effect. Ga. R. R. vs. Lawrence,

534.

35. Homestead, order allowing sale, admissible, in suit against purchaser. Sirmans & Bro. vs. Sirmans, 541.

36. Admissions of administrator who brought suit admissible, though receiver since appointed. Planters', etc., Bk. vs.

Neel, rec'r, 576.

37. Variance between paper set out in suit and that offered in evidence, latter excluded. Ibid.

38. Character for business care admissible where it throws light on transaction.

Ibid.

39. Tendency of courts is to admit evidence. Ibid.

40. Skill at billiards admissible, on cross-examination, to rebut statement that injury shattered nervous system. Gamble vs. Central R. R., 586.

41. Interrogatories lost after return, established on motion instanter. Central R. R. vs. Wolff, 664.

42. Coupon ticket, that traveler had, shown by parol. Ibid. 43. Value shown by opinion of any one having knowledge of it, though not expert. Ibid.

44. Certificate to record of suit in other state, what sufficient, though containing mistake. Conley vs. Chapman, 709.

45. Water-course changed, in suit for damages, productiveness, dryness, acreage and drainage admissible. Cheeves vs. Danielly, 712.

46. Railroad, injury by, beyond road crossing, failure to comply with law at crossing admissible. Ga. R. R. vs. Williams, 723. (See No. 60 below.)

47. Railroad rule for train-hand to be at end of car when running backward, admissible. Ibid.

48. Carlisle mortality tables admissible in suit for homicide of husband. Central R. R. vs. Crosby, 737.

49. Assignment of fi. fa. admissible with it. Saffold vs. Foster, adm'r, 751.

50. Notoriety of fact in neighborhood admissible to show notice.
Kuglar vs. Garner, 765.

51. Ambiguity in deed explained by parol. Jennings vs. Nat. Bk.
of Athens et al., 782.

52. Insolvency, entry of nulla bona not necessary to show. Ibid.
53. Attachment, pendency of, not shown by parol. Horne vs.
Guiser Mfg. Co., 790.

54. Delivery of fi. fa. to alleged transferee, parol evidence admissi-
ble as to. Shields, ord'y, vs. Blanchard, 805.

55. Consideration of transfer shown by parol. Ibid.

56. Sayings of plaintiff in fi. fa. after transfer of it, inadmissible on
issue as to enforcing it. Shields, ord'y, vs. Blanchard, 805.
57. Not rejected until objected to. Codone vs. State, 813.
58. Capacity of mill immaterial, under issue whether labor was per-
formed at mill. Hines vs. Beers, 839.

59. Offer to pay debt with a mule, not as a compromise, admissible
as an acknowledgement of debt. Hatcher vs. Bowen, 840.
60. Railroads crossing streets, ordinances of city as to duty of, ad-
missible, where injury occurred near crossing. W. &. A. R
R. vs. Meigs, 857.

61. Walking on track at place of injury, public habit of, shown. Ibid.
62. Pleadings are not evidence. Ibid.

63. Circumstantial, in criminal case, links in chain must be proved,
how far. Davis vs. State, 869.

64. Confessions, not made through hope or fear, admissible. Ibid.
See Witness; Practice in Superior Court, 19.

EXECUTIONS. See Levy and State; Tax, 6, 7; Illegality, 2, 5; Evi-
dence, 49, 51-53; Husband and Wife, 12.

FACTORS. See Interest and Usury, 4.

FERTILIZERS.

1. Inspection, tagging and branding, onus of proving, not on plain-
tiff suing for purchase price; want of, is matter of defense.
Avera et al. vs. Tool, McGarrah & Touder, 398.

2. Worthlessness pleaded, left to jury. Ibid.

FIXTURES. See Words and Phrases, 1.

FORCIBLE ENTRY AND DETAINER. See Criminal Law, 52–54.

FORFEITURES. See Laws, 12.

FORGERY. See Criminal Law, 6.

FORNICATION. See Criminal Law, 1.

FRAUD.

1. Prescription not based on fraudulent title, taken with notice.
Hunt et al. vs. Dunn et al., 120.

2. Bad title, taking possession under, with notice, is fraudulent.
Ibid.; Cowart et al. vs. Young et a'., 694.

3. Question of fact for jury.
130.

Dunbar & Co. vs. Mize et al., adm'rs,

4. Of third person in procuring signature to deed, not shown
against grantee without notice. Ratteree, adm'r, vs. Conley,
153.

5. None in executor in this case. Speer et al., ex'rs, vs. Speer, 179.
6. Misrepresenting capital of bank, party defrauded may sue all
participating in fraud. Fouche, ass’ee, vs. Brower, 251.

7. Same: Acting on fraud to injury, necessary to recovery. Ibid.
8. Same: Entire body of creditors not suffering from fraud cannot
sue entire body of stockholders who did not participate in it.
Ibid.

9. Same: Assignee suing must show facts entitling each creditor

10. Equity will aid in detection of fraud against creditors. Ibid.
11. Parties to arrangement to defraud others can get no relief either
to rescind or to enforce it. Ibid.

12. Same: Voluntary assignee of one of parties to pay debts, can-
not get such relief. Ibid.

13. Misrepresentations and concealment must influence conduct,
to furnish ground for relief. Papot, sung. ptnr, vs. S. W. R.
R. et al., 296.

14. Corporation; inducing one to join in organizing and put in
money, equity grants relief. Stewart et al. vs. Rutherford, 435.
15. "Bad faith" in insurance company which authorizes damages,
and attorney's fees added in suit on policy. Watertown F. Ins.
Co. vs. Grehan, 642. (See Cotton States L. Ins. Co. vs. Ed-
wards, adm'x, 220.)

16. Administration unnecessary, taken for purpose of divesting title
of heirs, title void. Cowart et al. vs. Young et al., 694.

17. In procuring note, left to jury. Kuglar vs. Garner, 765.

See Debtor and Creditor, 5; Partnership, 4; Prescription, 3.

GARNISHMENT.

1. Negotiable note transferred as collateral before due, holder
protected from garnishment against payee. Long vs. John-
son, 4.

2. Interest not stopped by garnishee by tendering money into
court; must be paid in. Ibid.

3. Negotiable note transferred; maker garnished in suit against
payee and answers indebted, but no judgment entered; trans-
feree of note sues and recovers; garnishee will be protected.
Ibid.

4. School-teacher, amounts due to, not exempt. Bates vs. Bates,
105.

5. Alimony stands on peculiar footing as to garnishment. Ibid.
6. President of domestic corporation must be served with sum-
mons; not good on subordinate agent, though president
temporarily absent. Brigham vs. Port Royal and Aug. Rwy.,

365.

7. Expenses of five garnishees, one judgment for, and exception
to, writ of error not dismissed. Sulter vs. Brooks et al., 401.
8. Expenses of answering summons, judgment for proper; allow-
ed as costs. Ibid.

9. Railroad passing through and chartered in two states, garnish-
ment in one not catch funds due by road in the other state.
Wells vs.
E. T., Va. and Ga. R. R., E48.

GIFT. See Insurance, 16.

GOLD. See Insurance, 6.

GUARDIAN AND WARD.

1. Settlement after ward becomes of age and with full knowledge,
binding. Stidham et al. vs. Sims, 187.

2. Limitation as to opening settlements, where fraudulent and
where not. Ibid.

3. Application in county where father of minors lived and died,
and where they were then domiciled, gives court jurisdiction.
Shorter, gdn., vs. Williams, 539.

4. Same: Jurisdiction not lost by removing minors to Alabama
and granting letters there. Ibid.

HOMESTEAD.

1. Debt prior to constitution of 1868 not affected by exemption

thereunder. Davis vs. Dunn, 36.

2. Same: §2028 of Code does not apply to such debts. Ibid. 3. Form of application for exemption of personalty under §2040 of the Code, none required. Braswell & Son vs. McDaniel, 319. 4. Section 2040 et seq. of Code adopted by constitution of 1877. Ibid.

5. Conversion of exempted property, head of family or wife and children may sue for. Ibid.

6. Same: For use of wife and children, added by amendment. lbid.

7. Trover for exempted property seized and converted, prior demand unnecessary. Ibid.

8. Whose property sought to be exempted need not be alleged, if husband and father applies. Ibid.

9. Purchase money, rule nisi, rule absolute and execution on mortgage, each stating debt to be for, is conclusive. MeDaniel vs. Westberry, 380.

10. Same: Affidavit that debt is for purchase money, unnecessary. Ibid.

11. Sale by commissioner under order of court, order admissible in suit against purchaser. Sirmans& Bro. vs. Sirmans, 541. 12. Regularity or validity of order of sale not attacked by pur chaser. Ibid.

13. Set-off claim against head of family or one of beneficiaries, purchaser cannot, when sued for purchase money. Ibid. 14. Exemption sought in land sold at sheriff's sale, purchaser subrogated to rights of creditor and may urge all objections. Tappan Bros. & Co. vs. Hunt, 545.

15. Same: Waiver of homestead set up by purchaser. Ibid. 16. Bankruptcy, exemption in, stands as homestead against levy under prior fi. fa. Collier et al., ex'rs, vs. Simpson et al., 697. 17. Prior levy not prevent homestead being granted. Ibid. 18. Attorney's fees for removing encumbrance from land, homestead not subject for. Ibid.

19. Warranty of title of homestead sold by husband and wife binds both. Amos et ux. vs. Cosby, 793.

20. Application not amended, on certiorari from ordinary's decision; aliter, on appeal. Robson vs. Walker et al., 823.

21. Married woman living with husband cannot take homestead out of her own property, without showing special grounds for. Ibid.

22. Estate continues till all beneficiaries die or become of age, then property reverts. Stephens, gov'r, vs. Montgomery, 832.