Tison vs. Sellars. select a third arbitrator, and on that day had "met in BuenaVista, in said county of Marion, and made full choice of ...... Esq., as such third arbitrator," and that thereupon the three made an award as follows, substantially: That Sellars had a valid vendor's lien against said land for the payment of the purchase-money, and that Tison should give up said land to Sellars, administrator, when the crop was gathered, and his deed from Sellars, administrator, be cancelled so as to vest the title of said land in said estate; that the judgment be entered satisfied upon Tison's paying the costs on it; that the bill be entered settled at complainant's costs, and that this award be made the judgment of the next Superior Court of Schley County. At said term of Schley Superior Court, Sellars, as such administrator, presented said submission and award to the said Court, and prayed to enter it upon its minutes. Tison's counsel objected upon the grounds: 1st. That because the award was made in Marion county, there was no jurisdiction in Schley Superior Court. 2d. Because it did not appear that the arbitrators were sworn as required by law, before they made the award. 3d. Because it did not appear that Tison had been served with a copy of said award, or that he had waived a copy; and 4th. Because said submission is not under the Act of 1856, but a submission and award under the common law. These objections were overruled and the submission and award were ordered to be entered upon the minutes of Schley Superior Court. The overruling of each of said objections is assigned as error. E. H. WORRILL, S. H. HAWKINS, for plaintiff in error. M. H. BLANDFORD, B. HILL, for defendant. MCCAY, J. Although it is not expressly stated in the submission in this case that it was of the matters in controversy in a pending suit, yet it is a fair inference from the recital and the award that such was the fact. Section 4190 of the Revised Code Tison vs. Sellars. permits the reference of any such matter, either by order of Court or other agreement, in writing, and makes no special provision as to the number of arbitrators, or as to the mode. of proceeding. This section forms a part of Chapter 2d of the Title in the Code devoted to arbitrations, all of which chapter is intended to permit arbitrations to be had at the option of the parties, either in the mode and with the consequences prescribed in Chapter 1st, or as was usual before the Act. We think this is not an arbitration under Chapter 1st, Title 28, Pt. 3d of the Code, and that it was properly made the judgment of the Court before which the suit was pending, as provided by section 4190 of the Code. That Court has control of the parties to the suit, and will see to it that proper reasonable steps have been taken, and that the award is not illegal, as is usual with Courts in such cases. Judgment affirmed. INDEX. [The Head-notes, except those followed by "(R.)" are made by the ACCORD AND SATISFACTION.-See Novation. ACCOUNT-See Equity, 3. ACTIONS-See Parties to Actions. ACTS OF CONGRESS. See Common-Carriers, 1. See Lien, 7. See Transfer of cases to U. S. Courts. ADMINISTRATORS AND EXECUTORS. 1. When an administrator, in the year 1862, after re- Held 1. The delivery of the assets to the children, who 181 2. The effects delivered to the children are still, in contem- 3. That if the effects kept in hand to pay the demands Ibid. out fault of the administrator, he can protect himself as to said effects against the heirs-at-law and creditors, under the several Acts passed since the war for the relief of administrators, etc. 4. There ought to be a new trial in this case, in which these principles shall be applied, leaving the administrator to show, if he can, that there are subsisting claims against the estate of higher dignity than Mrs. Davis' claims, which are entitled to the fund in hand, in which case Mrs. Davis is only entitled to what remains, after the settlement of said claims, in the due course of administration. Ibid. 5. Sales by administrators and executors, when it is not otherwise provided by will, of any property of the estate, except annual crops, carried to market, must be at public outcry, to the highest bidder, and the purchaser is bound to see that the administrator, or executor, is apparently proceeding under the prescribed forms. Neal et al., vs. Patten........... 363 6. To constitute a legal private sale, by an executor, or administrator, of annual crops, they must be actually carried to market and sold. They cannot be sold on the plantation. Ibid. 7. A mere direction in a will, that the executor, as soon as practicable, pay the debts, does not authorize the executor to sell, much less to sell at private sale, the effects of the estate coming into his hands. Ibid. 8. The Superior Courts of this State may, by writ of certi orari, correct the error of an Ordinary who, in term time, on a contest with parties before him, grants letters of administration "pendente lite." Redd vs. Duer, Ordinary... 389 9. Railroad stock, under our law, is personal assets. S. W. R. R. Co. el al., vs. Thomason et al... .......... 409 10. When there are no debts unpaid, and the administrator of an estate illegally disposes of property of the estate, and is insolvent, equity will entertain a bill filed by the heirs-at-law to recover the property so illegally disposed of, or to decree an account of its proceeds. Ibid. 11. When an administrator, without authority, disposed, at private sale, of South Western Railroad stock, and the same was, by direction of the administrator, transferred to the purchaser on the books of the company, and it is not known to the heir who is the present holder of the stock: Held, that as the company is bound to pay the dividends to the true owner only, it is a proper |