evidence adduced before them tending to did not err in refusing to give the said inshow that the prisoner was in possession struction; that there is no error in the of the said goods, that the prisoner broke judgment of the circuit court, affirming and entered, or entered without breaking, that of the county court; and that the said the dwelling-house in the said indictment judgment of the circuit court must be afmentioned, with intent to steal therefrom." firmed. JUDGMENT AFFIRMED. We are therefore of opinion that the court 301 ADVANCEMENTS. INDEX. 1. Testator by his will gives land and stock to his son H. By the 3d clause of his will he gives to his five daughters, by name, the balance of his land, his daughter M to account to the rest of his daughters in the sum of $3,500, and his daughter L. $5,200, these being the amounts paid for homes for them. By the 4th clause he gives to his son H and his five daughters the balance of his personal property, to be equally divided among them-HELD: 1. The advancements to M and L are only to be brought into the division of the real estate. 1. J has held possession of a piece of ground in a city for forty years, which, in all that time, has been within his enclosure, claimed by him and cultivated as his property. His said possession is adverse to T and those under whom he claims, claiming the land, and the statute of limitations is a bar to any claim which T might otherwise have to the land; and the title of J thereto, even if it may not have been originally good, has thus matured and become perfect by adverse possession, and by lapse of time, and the operation of the statute of limitations. Thomas v. Jones, ALIENS. 383 4. A decree which overrules certain exceptions to a commissioner's report, and confirms the report as to the questions involved in these exceptions, is a decree settling the principles of the cause as to these questions, from which the party excepting may appeal, although the report is recommitted to the commissioner as to other matters involved in other exceptions. Garrett's adm'x v. Bradford, 609 5. Where a warrant is brought before a justice upon a claim exceeding twenty dollars, and upon the application of the defendant before trial, it is removed to the county court, an appeal lies to the *circuit court, from the judgment of the county court in the case. Carter's adm'r v. Kelly, judge, 982 787 6. Pending a suit by judgment creditors against the debtor and others, to set aside a deed of trust, or subject the surplus to payment of their debts, the debtor is declared a bankrupt on his own petition; and in the suit he claims his exemption and homestead out of the surplus of the purchase money of the land, after satisfying the debt secured by the deed. The court below dismisses his application, and makes a decree distributing the fund. The bankrupt has such au interest in the case as entitles him to appeal. Barger v. Buckland & als., APPELLATE COURT. 850 2. Accounts settled by W in 1859 and 1863, speak of him as trustee of C; but in the account by the commissioner he is treated as committee of C. There being no exception to the report for bringing into the latter account the charges in the first two, W's administrator cannot object to the report on that ground in the appellate court, he not having excepted in the circuit court. 365 Idem, house and lot to M, who pays all the purchase money and is put in possession. R has no interest in the property which may be subjected by attachment against him, as an absent debtor, to the payment of his debt. Hicks v. Riddick & als., 418 3 Where in a suit in equity, the rights of 983 *2. R, by a verbal contract, sells a the parties involve the decision of questions which were not put in issue by the pleadings, or so vague and uncertain as not to inform the opposite party of what were the issues between them, so as to prepare his case in a way to secure a full investigation by the court, and a decision according to the very right of the case, and which would do justice to all concerned, the appellate court will reverse the decree of the court below, and send the cause back, with leave to the parties to amend their pleadings. 5. There having been oral evidence expressly proving that the land in controversy is part of the land devised to the plaintiff by her husband, and jury having so found, though there may be documentary evidence tending to show it was not embraced in the court to grant a new trial, containing the 750 3. After the purchase money had been paid and M put into possession, R sent M a deed executed by himself for the property; but M, insisting that R's wife should join in the deed, returned it to R; and it was not again delivered. If the deed might be considered as accepted by M, that would not render the property liable to the attachment. Idem, BAILMENT. 418 1. The finder of a bank note, as against a care and diligence in the keeping of the note 601 3. In such a case, to entitle the plaintiff to recover, he must show that the note was a genuine note, and of the value he claimed. Idem, BANK NOTES. 1. See Bailments, No. 1, 2, 3, and BONDS. 1. See Appeals, No. 1, 2, and 601 601 184 2. A paper which in the body of it says, "as witness my hand and seal," has the word "seal" affixed to the signature of the maker. It is a sealed instrument within the meaning of the statute. Code of 1849, ch. 143, § 2, p. Lewis' ex'ors v. Overby's adm'or, 580. BOUNDARIES OF LAND. 627 1. In an action of ejectment parol evidence is admissible to prove that the calls for course and distance in a deed are mistaken, and do not designate the true boundary of the land intended to be conveyed. Elliott v. Horton, 766 BURGLARY AND HOUSEBREAKING. CHECKS ON BANKS. 969 1. While the giving of a check by a debtor to a creditor is generally presumed to be 1 only a provisional or conditional payment of 2. A check may be offered in evidence under the money counts; and if there is no other evidence in the case, it is of itself sufficient to entitle the plaintiffs to recover on those counts; yet it is only prima facie evidence of money lent, paid and advanced, or had and received; and where it is proved that no money had come to the hands of the defendant, the presumption raised by the check is rebutted, and no recovery can be had on those counts. Idem, 165 3. Where an action of assumpsit is brought for goods sold and delivered, the declaration filed contains only the common counts, the bill of particulars is filed, and the only count in the declaration to which the evidence applied was that for goods sold and delivered. If it is shown that the goods were absolutely paid for by a check, the demand upon the account is thereby extinguished, and there is no count in the declaration upon which the plaintiff can recover. Idem, 165 4. Quære: Whether under the evidence in this case the action could have been maintained on the check if it had been specially declared on. Idem, 165 2. On such a proceeding against F, the counsel of F does not enter an appearance for him, because in three cases against the same party before the same judge, he was informed by the judge from the bench that it was the rule of his court not to allow an appearance and defence by rebels and traitors; and in these cases the appearance and defence were stricken from the cases; and this a short time before the last case was acted on. The counsel was not in default for failing to enter an appearance for F; and the decree of confiscation is void and of no effect. 3. The act approved April 2, 1873, amend ing section 14, chapter 187, of the Code of 1860, in relation to interest, so far as it confers on courts and juries, in the suits therein mentioned, power to remit interest as therein provided, on contracts entered into prior to April 10, 1865, which said courts and juries did not have under the laws in force at the times such contracts were made, or which empowers courts to reverse judgments and decrees upon motion, and to abate the interest as therein provided, is repugnant to the constitution of the United States and of this state, and is therefore void. Cecil v. Deyerle & als., Linkous & als v. Shafer & als., 775 775 775 840 1. Testator, some months after making his will in which he gave his estate to his children, of whom M was one, makes a codicil to it, in which he says: If my estate should have to pay the debt, or any part thereof, in the lawsuit brought by M's administrator against Dr. B's estate, I hereby direct that my daughter M is to forfeit all interest in my estate, and is to inherit nothing under my will. He was the surety of B, who had been the husband of M, and was not sued, but settled the debt and took an assignment of it. After his death, in a suit by his executors, his daughter M brings the money into court, 1. The laws which subsist at the time and and tenders it-HELD: The condition created | place of the making of a contract, and where by the codicil is a condition subsequent, audit is to be performed, enter into and form a the estate not having paid the debt, but M part of the contract; and that, whether such tendering the money to pay it, her interest laws affect its validity, construction, disin her father's estate is not forfeited. charge or enforcement. Lewis v. Henry's ex'ors & als., CONFISCATION. 192 1. In a proceeding to confiscate property of a person charged to be in a rebellion, the directions of the attorney general are, that the method of seizure of the property shall be conformed, as far as may be, to the state law, if there be such. When therefore the proceeding is to confiscate debts due from a municipal corporation, the notice to the debtor must be upon the mayor or other officer named in the Virginia statute; and notice given to the auditor of the corporation is of no effect; and the judgment based upon such notice is null and void. Fairfax v. City of Alexandria, 16 CONTRACTS. Roberts' adm'r v. Cocke &c., 207 207 2. While it is competent for the state to alter or change the remedy on a contract, this can only be done where the change does not impair substantial rights. Idem, 3. See interest, No. 1, 2, 3, 4, 5, 6, 7. Cecil v. Deyerle & als., 207 207 775 840 And W insurance policies, to deliver the same and collect the premiums thereon, also to constitute sub-agents throughout his whole field, such sub-agents to be under the pay and authority of W. And if the aggregate of commissions earned by W on policies taken by himself, and by the margin of his commissions over that of sub-agents on their work, should not amount to $3,000 for the first year, the company would make up the amount to that sum for that year. promised to devote his time, services, &c., to the interest of the company throughout the whole of said territory, exclusive of any pany, having paid W $1,500 of his salary, and received only $423 of premiums from him, discharged him from his agency; and then W brought suit to recover the balance of his salary. On the trial it appeared W had made very little effort to appoint sub-agents, and that he did not travel through his territory; he contending that he was only to appoint sub-agents when directed by the company, and that the company did not furnish him money to enable him to travel.-HELD: That under the agreement, the appointment of sub-agents was committed to W, and he was to pay his own expenses; and having neglected his duties, he was properly discharged by the company. other business. In October 1870 the com The Brooklyn Insurance Co. v. Bid- 290 8. A parol contract between a father and his son, whereby the father agreed to give to the son a certain tract of land, on the consideration that the son would support the father and his wife for their lives, is a valid contract, and will be enforced at the suit of the children of the son after his death, against other children of the father, who had fraudulently procured a deed for the land from the father, with the knowledge of said contract. J. W. Lester & als. v. F. W. Lester & als., 737 1. In a proceeding to confiscate property of a person charged to be in rebellion, the directions of the attorney general are, that the seizure of the property shall be conformed, be such. When therefore the proceeding is as nearly as may be, to the state law, if there to confiscate debts due from a municipal corporation, the notice to the debtor must be to the mayor or other officer named in the Virginia statute; and notice to the auditor of the corporation is of no effect; and the judgment based upon such notice is null and void. Fairfax v. City of Alexandria, 16 1. An appeal from a decision of the supervisors of a county, rejecting a claim arising under an order of a county court, made in 1862, is properly taken to the county court of the county. Dinwiddie County v. Stuart, Buch- 9. The state government of Virginia, which 526 existed at Richmond during the war, and the 2. A county court acting under the statute Confederate government, of which it formed authorizing county courts to purchase salt, is a part, were at least governments de facto; exercising a special authority, and it must and contracts arising thereunder are valid.appear from the record that the justices were |