Milne v. Walsh, 285 Mass. 151, 153. Moore v. Northampton Co-operative Bank, 288 Mass. 317. The same result as that reached in the court below would have followed in the absence of any knowledge on the part of the defendant trustees relative to the conditions under which the plaintiff discharged its mortgage of 1928.

Milne v. Walsh, 285 Mass. 151, 153. Moore v. Northampton Cooperative Bank, 288 Mass. 317. It is manifest that the decree in the case at bar could have been entered on the pleadings.

It must stand if within the scope of the pleadings. Levinson v. Connors, 269 Mass. 209, 210. Milne v. Walsh, 285 Mass. 151, 153. Moore v. Northampton Co-operative Bank, 288 Mass. 317. The plaintiff argues that since the record shows no authority in its president and treasurer to sign the stipulation it was not binding. As there is no report of the evidence it must be presumed that the trial judge was satisfied that the stipulation was signed by an officer of the plaintiff having authority in the premises.

36 C. J. 839, § 339. "Even where there is no will, the property of the deceased person is not derelict; but is regarded in law as the property of the administrator subsequently appointed, by relation from the time of the decease, so that taking it by anyone, animo furandi, is larceny." Smith v. Northampton Bank, 4 Cushing (Mass.), 1, 12. In State v. Davis, 4 N.C. 271, it was held that an indictment was not good where it charged the property to be that of John Murrell, deceased, and it seemed that the owner of the property did not die until after the larceny, but it was stated in that case that "if the indictment be not legal and certain, in itself, it can not be aided by the finding of the jury" as to when the person died.