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McDougald vs. Hepburn.-Opinion of Court.

jects of the association, might facilitate the transfer of shares in the property, and give it a marketable value. Now it is readily perceived that if certificates of shares were liable to a claim for dower in the hands of every assignee to whom they might be transferrd, the very objects designed in forming such an association would be dedeated.

These authorities, with those cited in the very conclusive argument of defendant's counsel, and which were not controverted on the other side, leave no room to doubt that the complainant is not entitled to the relief she prays.

It is therefore decreed and ordered that the decree of the Circuit Court be reversed and set aside, with costs, and the cause remanded to that court, with direction to dismiss the bill, with costs.

A petition for a re-hearing was presented by the appellee in this cause, which was refused by the court.

INDEX.

TO FIFTH VOLUME OF FLORIDA REPORTS.

ACCOUNT.-It is a general and material rule in all cases of ac-
counts, that where there has been a settlement, and the account
has either been signed, or a security executed at the foot of it,
a Court of Equity will not open that transaction, unless the evi-
dence produced, (founded on the charges of the bill.) shows the
transactions to be iniquitous; that it ought to be brought for-
ward at all to affect the party sought to be found.
White vs.
Walker, 478.

In stating an account against an administrator, under the laws of
this State, annual rests are to be made and interest charged on
the balance found due at the period of each rest. Young, Adm'r.
vs. McKinnie, Adm'r, 542.

ADMINISTRATORS AND EXECUTORS.- (See Limitation, Stat-
ute of.) In stating an account against an administrator, under
the laws of this State, annual rests are to be made, and interest
charged on the balance found due at the period of each rest.
Young, Adm'r, vs. McKinnie, Adm'r, 542.

AGREEMENT.-An

agreement amongst Pilots to associate to-
gether for their business, is not illegal. Jones vs. Fell, 510.

APPEAL. (See Jurisdiction.) An appeal is matter of right, if
entered during the term of the court at which the judgment is
pronounced, or within ten days thereafter; and such appeal,
when entered, suspends the judgment, sentence and decree ap-
pealed from; and if reversed, it is as if it had never existed.
Archer vs. Hart & Sammis, 234.

Upon an appeal from a Justice Court to the Circuit Court the trial
in the latter court is to be had anew upon the merits, and the
original defendant is not limited and confined upon such new trial
to the same points of defence made in the court below, but may
present new defences upon the merits.

There being no time specified within which a plea denying the sig-
nature of the defendant to a bond, bill or note should be filed in
a Justices Court, it may be filed on the entry of the appeal in
the Circuit Court. Davis vs. Elliot's Adm'rs, 261.

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