CROUCH VS. SMITH. 4Q1

diate the subscription, upon the ground that he did not pay the
ten dollars at the time of subscribing ? It seems impossible to
suppose that this could be done; and yet such is the effort here
on the part of this complainant. After paying as agreed upon ;

receiving a certificate for the stock; attending and voting at
•corporate meetings; and acquiescing for two years, • during
which large sums of money are expended by the other subscrib-
ers, an effort is made to repudiate the whole proceeding and •
recover back the consideration paid. I think this cannot be.
done, and shall, therefore, dissolve the injunction; and the de-
cision of" this motion necessarily disposes of the petition* filed
the 3d of March last.

THOMAS M. CROUCH ET AL.

vs. MARCH TERM, 1849.
HARRIET SMITH ET AL.

[VALUATION OF COMMISSIONERS—WOOB CUT NOT REALTY.]

COMMISSIONERS having been appointed by the parties to value a certain priv-
ilege of cutting wood and timber, to which the widow and son of a testator
were, by his will, entitled; it was HELD—that the maxim, omnia rite me acta
prassumuner, is applicable to the proceedings of these commissioners, and,
that every fair intendment should be made in support of their acts.

The rule which applies to the valuations made by commissioners appointed to
divide real estate, that such valuations, though not conclusive and liable to
be rejected, if clearly shown to be erroneous, are entitled to great respect,
and are not to be disturbed, unless the weight of evidence in opposition to
them is decidedly preponderating, is applicable also to the valuation made
by these commissioners.

Wood and timber cut down prior to the sale of the land, does not pass to the
purchaser, but is severed from the inheritance, and becomes personal prop-
erty.

[Walter Smith, deceased, of Prince George's county, by his
will, devised certain lands to his widow, and to his son Walter,

* The petition referred to was filed by the complainants, stating that the
property in dispute was lying idle and unused, and was going to decay, and
praying that it might be sold, and the proceeds of sate deposited in court, to
abide the issue of the cause.
34*