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Johnson k Hcmby vs. Reed. Eror to Scott Where the facts are agreed upon and submitted to The court, writ of error will tie to the finding and decision of the court, upon a H,osioa for new ;riAl or upon special verdict

 It tappeariag tha, the defendan; obtained posses sion peaceaby of the plaintiffs property the plain iif may sue in action eoatraets. and the de- eadanS will not be permitted 10 say that he had Ia. ken he property by wroag and not by contract.

 biakeney vs. MeCraw. Error to Pulaski. The act 0. 2si December lsio. authorizing .hs appraise ment of property taken in execution, Re-. continues In force 10 all of action existing before s repeal by the act of 9th December. is44.

 The act of 23d December. 1890, extends as well to executions issued upon deerees in ehancery as upoo judgments at law.

 The sppsaisement having been allowed by the shera the plaintiff. motion to set aside the re- turn and issue execution must show that the cause of acton accrued subsequently, to the sepeai of the 2sd December, lsio CT this coari will presume that II accrued befese the repeal

 Mayor and Aldermen, &e ys. State Bank. Er. TOT to Pulaski. The plaintiff casnot object to the affidavit to plea on demurrer. but should move to strike out the plea.

 An agent mast pursue hIs authority. or his acts void as to the principal. An authosisy to siga note does not sGthoEizr the agent to execute . writing obligatory and if he does il is not the deed of the principal