
    No. 833.
    Mrs. M. A. E. Batte & Husband vs. B. F. Reed, Guardian, et al.
    Although there is no prayer in the petition for judgment for the value of the property set out therein, but only for damages for the loss of it and the value is alleged, it will be held sufficient to justify a judgment for the value when evidence of that value has been admitted without objection.
    The appellee is in time if he files his answer to the appeal, praying amendment by an increase of damages within three days, excluding dies non, from the filing of the record, or if he file such answer three days before that fixed for the argument.
    The seizing creditor is liable in damages to the third person whose property has been seized under his writ.
    Where one sues to recover property and its fruits, he may not only demand the fruits then due, hut also those to accrue after the institution of the suit up to the day of restitution.
    Appeal from the District Court for Richland. Parsons, J.
    
      Cobb & Gunby for Plaintiff. Farmer for Defendants Appellants.
   Spencer, J.,

delivered the opinion amending the judgment.  