ing an interest or authority. RAYBURN v. Rayburn, Ala., 30 South. Rep. 385.

91. EXEMPTION.-A widow with two infant children wholly dependent on her for support is the head of a family, and entitled to homestead exemption.-OPPEN. HEIM V. MYERS, Va., 39 S. E. Rep. 218.

95. EXEMPTION-Wages.-Wages held personal prop. erty within the meaning of the exemption law.-MCCORMICK HARVESTING CO. v. VAUGHAN, Ala., 30 South. Rep. 363.

96. FEDERAL COURTS Mandamus-Jurisdiction.— The jurisdiction of a federal court to award a writ of mandamus is not dependent on the laws or practice of the state, but is derived from the federal statute.BOARD OF LIQUIDATION OF CITY OF NEW ORLEANS V. UNITED STATES, U. S. C. C. of App., Fifth Circuit, 108 Fed. Rep. 689.

97. FERRIES-Establishment.-An order of the com. missioners of a county to settle and lay out a ferry as petitioned for amounts to an establishment of the ferry.-ROBINSON V. LAMB, N. Car., 39 S. E. Rep. 579.

98. FIRE INSURANCE-Insurance Interest.-Mutual in. surance company under its charter held not entitled to insure property of one not a member.- PEARSON V. MUT. INS. Co. OF GREENVILLE,, S. Car., 39 S. E. Rep.

512.

99. FIXTURES-Construction.-In determining question whether chattel has become a part of the realty, the intention, as shown by the structure and mode of attachment thereof and the use of the property, must be considered.-READFIELD TELEPHONE & TELEGRAPH Co. v. Cra, Me., 49 Atl. Rep. 1047.

mis

100. FRAUD-Misrepresentations.-Fraudulent representations of a material fact on sale of personalty, as inducement to contract, held a defense to an action on a note given for the price.-HOOPER V. WHITAKER, Ala., 30 South. Rep. 355.

101. FRAUDS, STATUTE OF - Consent Agreement to Sell Land. Where land of the decedent were sold to pay debts by consent order, parol evidence held admissible to establish the agreement under which the consent order was had. - SUBER V. RICHARDS, S. Car.. 39 S. E. Rep. 540.

102. FRAUDS, STATUTE OF-Pleading. -The statute of frauds is not available as a defense unless pleaded.SUBER V. RICHARDS, S. Car., 39 S. E. Rep. 540.

103. FRAUDULENT CONVEYANCES - Gifts.-A gift in fraud of creditors is good as against the administrator of the deceased donor, except to the extent necessary to pay the decedent's debts.-SCWALBER V. EHMAN, N. J., 49 Atl. Rep. 1085.

104. GIFTS-Fraud of Creditors.-A gift in fraud of a pursuing creditor is good between the donor and the donee.-SCHWALBER V. EHMAN, N. J., 49 Atl. Rep.

condition in policy that it should be void in the event the insurer's ownership was not unconditional.-ME CHANICS' & TRADERS' INS. Co. v. SMITH, Miss., 30 South Rep. 362.

OF

110. INSURANCE-Construction of "Serious Illiness." -Term "serious illiness," in application for insurance, means illiness permanently impairing health. DRAKEFORD V. SUPREME CONCLAVE KNIGHTS DAMON, S. Car., 39 8. E. Rep. 523. 111. INSURANCE-Misstatements. It is fraud on the insurance company, where defendant makes misstatements to its physician and conceals facts.-DRAKEFORD V. SUPREME CONCLAVE KNIGHTS OF DAMON, S. Car., 39 S. E. Rep. 523.

112. INTERNAL REVENUE-Note not Stamped.-That a note sued on is not properly stamped as required by act of congress, held not to authorize its rejection in evidence.-HOOPER V. WHITAKER, Ala., 30 South. Rep.

355.

113. INTEREST-Collection Barred.-Interest may be collected on a debt barred by statute from date when first due, where it is acknowledged by an agreement in writing.-SUBER V. RICHARDS, S. Car., 39 S. E. Rep. 540. 114. INTOXICATING LIQUORS-Criminal ProsecutionWitnesses.-Witnesses not named in indictment as one to whom liquors were sold may testify as to sales to others.-STATE V. GREEN, S. Car., 39 S. E. Rep. 185.

115. INTOXICATING LIQUORS-Evidence.-Not competent to ask a witness, who had never drank "hop jack," as to whether the ordinary use thereof would make one drunk.-COSTELLO V. STATE, Ala., 30 South. Rep. 376.

116. INTOXICATING LIQUORS - Indictment - Proof.Under an indictment for selling liquors, proof of sale on a day other than that charged held admissible.STATE V. GREEN, S. Car., 39 S. E. Rep. 185.

117. JUDGMENT-Res Adjudicata. The rule that an adjudication by an appellate tribunal becomes the law of the case on all subsequent trials should not be extended beyond the questions that were actually considered and decided.-PATILLO V. ALLEN-WEST COMMISSION CO., U. S. C. C. of App., Eighth Circuit, 108 Fed. Rep. 728.

118. JUDGMENT-Res Judicata.-A decree, dimissing a bill to have deed cancelled, held conclusive of all questions going to the validity of such deed. - SAMUELS V. REVIERE, U. S. C. C. of App., Fifth Circuit, 108 Fed. Rep. 718.

119. JUDGMENT-Special Finding.-A finding that goods were sold to one defendant does not support an action for a sale to two defendants, or authorize a judgment against one.-DOBBS V. PURINGTON, Cal., 65 Pac. Rep. 1091.

120. JUDICIAL SALES-Payments-Protection.-Under Acts 1883 84, p. 213, a purchaser of land at a sale by a special commissioner held protected in payments to such commissioner.-PULLIAM V. TOMPKINS, Va., 39 S. E. Rep. 221.

121. JURY-Talesman.-It is not necessary that names of persons sunmoned as talesman in a criminal trial should appear on the list of jurors served on defendant.-MITCHELL V. STATE, Ala., 30 South. Rep. 348. 122. LIBEL AND SLANDER-Disparaging Circulars.Statements in circulars which merely disparage the goods of plaintiff, will not support an action for libel. -NONPAREIL CORK MFG. Co. v. KEASBY & MATTISON Co., U. S. C. C., E. D. (Penn.), 108 Fed. Rep. 721.

123. LICENSES-Parol-Revocable —Licenses to enter and cut timber created, by parol, while it remains executory as to timber not cut, is revocable at will of the owner, or by his death or conveyance of the land without reservation.-EMERSON V. SHORES, Me., 49 Atl. Rep. 1051.

124. LIFE TENANT-Liability for Taxes.-A life tenant is only liable for taxes accruing during his life tenancy.-TRIMMIER V. DARDEN, S. Car., 39 S. E. Rep. 372.

125. LIMITATIONS OF ACTIONS-New Promise.-A letter held a sufficient promise to pay debt to take it out of the statute of limitations.-SUBER V. RICHARDS, S. Car., 39 S. E. Rep. 510.

126 MARRIAGE-Slave Marriages.-Act March 12, 1872, legalizing certain marriages among slaves, applies only to cases where the parties had agreed to occupy the relation of husband and wife, but where the power to contract was wanting.-ROBERSON V. MCCAULEY, S. Car., 39 8. E. Rep. 570.

127. MASTER AND SERVANT-Defects-Master's Promise. Remarks of foreman held not a promise by the master that defects would be cured and dangerous places made safe.-DwYER V. NIXON, U. S. C. C. of App., Second Circuit, 108 Fed. Rep. 751.

128. MASTER AND SERVANT-Reassumption of Risk.Whether a servant reassumes risk pending the removal of the defects, or whether it remains on the master, held question for jury.-DEMPSY V. SAWYER, Me., 49 Atl. Rep. 1035.

129. MASTER AND SERVANT-Risk on Master-Assump. tion.-Risk of injury from defective machinery pri marily on master, unless servant voluntarily assumes it.-DEMPSEY V. SAWYER, Me., 49 Atl. Rep. 1035.

130. MASTER AND SERVANT

Safe and Dangerous Methods. Where there is a comparatively safe and a dangerous way of doing the same work, and a servant assumes the latter method, he is guilty of contributory negligence.-MORRIS v. DULUTH, F. S. & A. RY. Co., U. S. C. C. of App., Eighth Circuit, 108 Fed. Rep. 747.

131. MASTER AND SERVANT-Warning Servant.-Failure of foreman of street-railroad company to warn engineer of location of posts along the line of the road not negligence.-NORTH BIRMINGTON ST. R. Co. v. WRIGHT, Ala., 30 South. Rep. 360.

132. MASTER AND SERVANT-Wrongful DischargeCompensation.-Where employee under contract to be retained until good cause shown for discharge is wrongfully discharged, he can recover the full value of his contract at the time of the breach.-RHOADES V. CHESAPEAKE & O. RY. Co., W. Va., 39 S. E. Rep. 209. 133. MECHANICS' LIENS-Notice.-Notice to claim lien need not be given, where the purchaser of the materials was the owner of the property.-MATTHEW V. MONTS, S. Car., 89 S. E. Rep. 575.

134. MINES AND MINERALS-Relocation.- Prima facia evidence of the location of a mine by the grantor of the one in possession is sufficient to justify a verdict against one who, knowing of such location, relocated it on the claim that it was abandoned.-YREKA MIN. & MILL. Co. v. KNIGHT, Cal., 65 Pac. Rep. 1091.

135. MINES AND MINING - Lease-Notice of Sale.Where a mining lease provided for termination on a sale of the property, and the officer of lessor who executed the lease notified the lessee that the property was sold, such lessee was justified in relying on such notice.-OBER V. SCHENK, Utah, 65.Pac. Rep. 1073.

136. MORTGAGES-Foreclosure-Premature.-Suit to foreclose mortgage according to term thereof, though before principal of note secured was due, held not prematurely brought.-MEYER V. WEBER, Cal., 65 Pac. Rep. 1110.

137. MORTGAGE-Note and Mortgage Considered To. gether.-Under Civ. Code, § 1642, a note and mortgage securing the same, delivered at the same time, must be taken and considered together.-MEYER V. WEBER, Cal., 65 Pac. Rep. 1110.

138. MORTGAGES.-In writ of entry by mortgagee to recover possession for the purpose of foreclosure, the administrator of deceased mortgagor cannot be made a party defendant.-GOLDER V. GOLDER, Me., 49 Atl. Rep. 1050.

139. MUNICIPAL CORPORATIONS-City-Incorporation. -An incorporated town cannot become a city until legislative enactment to that effect.-SAVANNAH, F. & W. RY. Co. v. JORDAN, Ga., 39 S. E. Rep. 511.

140. MUNICIPAL CORPORATIONS-Sewer-Duty to Repair. It is the city's duty to maintain and keep sewer in repair so long as it was used for drainage purposes. -HAMLIN V. City of BiDDEFORD, Me., 49 Atl. Rep. 1100. 141. MUTUAL BENEFIT SOCIETIES-Financee as Beneficiary. Where a life certificate of a member was pay. able to 'B "as his fiancee," his deserted wife cannot object that deceased was incapable of contracting marriage with B.-WOODMEN OF THE WORLD V. RUTLEDGE, Cal., 65 Pac. Rep. 1105.

142. NEGLIGENCE-Contributory Negligence.-In an action to recover for injuries held error to give the jury the impression that plaintiff would recover from defendant if both were equally negligent.-BRUNSWICK & W. R. Co. v. WIGGINS, Ga., 39 S. E. Rep. 551.

143. NEGLIGENCE-Nonsuit.-Where there is evidence of negligence by defendant and contributory negli gence by plaintiff, held error to direct a nonsuit.BURNS V. SOUTHERN RY. CO., S. Car., 39 S. E. Rep. 567. 144. NEGLIGENCE-Presumption-Carriers.-There is a presumption of negligence arising from the fact that the passenger was injured while on defendant's train. -COOPER V. GEORGIA, C. & N. RY. Co., S. Car., 39 S. E. Rep. 543.

145. NEW TRIAL-Immaterial Testimony.-Admitting Immaterial testimony held not necessarily cause for new trial. RALEIGH & G. R. Co. v. BRADSHAW, Ga., 39 8. E. Rep. 555.

146. NOTICE-Recorded Deed-Burden of Proof.-The burden of proof to show actual notice of a prior unrerecorded deed, as against the holder of a subsequent deed by prior record, is on the party holding the un corded deed. -SIDELINGER V. BLISS, Me., 49 Atl. Rep. 1094.

147. NOTICE-Record of Judgment-Actual Notice.Prior record of the judgment, though, constructive notice to subsequent purchasers, will not avail against actual notice given by announcements of the judg. ment creditor to bidders inviting them to purchase on a statement excluding the idea that the judgment was a lien.-BORDEN V. HUTCHINSON, N. J., 49 Atl. Rep. 1088. 148. NUISANCE-Sewer System-Though city has au. thority to establish sewerage system, equity will en. join maintenance of the same, where it creates a nui. sance dangerous to health.-CITY OF WAYCROSS v. HOUK, Ga., 39 S. E. Rep. 577.

150. PARTNERSHIP Requisites.-An agreement be. tween tug owners to place their vessels under a com. mon management and to divide their net earnings on a fixed basis held to constitute a partnership.-FLEMING V. LAY, U. s. C. C. of App., Sixth Circuit, 109 Fed. Rep. 952.

151. PATENTS-"Improvements"-Sufficiency.-Superiority of device over patent must be due to a difference in function or mode of operation, or some essential change in character.-CROWN CORK & SEAL Co. v. ALUMINUM STOPPER CO., U. S. C. C. of App., Fourth Circuit, 108 Fed. Rep. 845.

152. PAUPERS-Legal Home.-In order to retain a legal home in a town, a person need not at all times have a house or room to which he is entitled to go.INHABITANTS OF SOUTH THOMASTON V. INHABITANTS OF FRIENDSHIP, Me., 49 Atl. Rep. 1056.

153. PAYMENT-Application.-Creditor on receiving payments without application may apply them to debt already barred, thus tolling the statute.-HOPPER v. HOPPER, S. Car., 39 S. E. Rep. 366.

155. PLEADING—Amendment After Dismissal.-A mo. tion for leave to amend is too late after dismissal on demurrer for want of jurisdictional facts.-SHAW V. AMERICAN TOBACCO CO., U. s. C. C. of App., Fifth Circuit, 108 Fed. Rep. 842.

156. PLEADING-Answer - Partial Defense.- Where answer contained avernments showing partial defense, they should not be stricken out on a general demurrer.-HIGGINBOTHAM V. CONWAY, Ga., 39 S. E. Rep.

550.

157. PLEADING-Counterclaim.-There is no rule of law requiring facts set up in counterclaim to be sepa. rately and specifically stated.-CO-OPERATIVE PUB, CO. ▼. WALKER, S. Car., 39 8. E. Rep. 525.

Sustaining.—

158. PLEADING-Demurrer-Effect of Where bill is demurred to, and one ground of demur. rer is sustained, it puts the case out of court, unless the bill is amended.-COLEMAN V. BUTT, Ala., 30 South. Rep. 364.

159. PLEADING-General Issue.- Plea of general issue puts on plaintiff the necessity of proving material allegations of his complaint, unless walved.- MCGHEE V. CASHIN, Ala., 30 South. Rep. 367.

160. PLEADING-Redundancy.-Where redundant allegations are not objected to, evidence relating to the issue raised by them held admissible.-DENT V. SOUTH BOUND R. Co., 8. Car., 39 S. E. Rep. 527.

161. PUBLIC LANDS-Contest-Register.- Under Pol. Code, §§ 501, 3414, 3498, a demand for reference of a contest between applicants for purchase of state lande is of no effect unless the fee of the register is paid.SHERMAN V. WRIGHT, Cal., 65 Pac. Rep. 1096.

162. PUBLIC LANDS-Damages.-Under Laws 1891, ch. 155, action of board of claims in awarding no damages for failure of title to land granted by state beld proper.-KILLAM V. STATE, 71 N. Y. Supp. 1041.

163. QUIETING TITLE - Timber Claims.-Under Laws 1893, ch. 6, where defendant claims an interest under contract in timber on plaintiff's land, the court, on adjudging the claim invalid, cannot properly dismiss the action.-RUMBO V. GAY MFG. CO., N. Car., 39 8. E. Rep. 581.

164. RAILROADS-Construction.-Railroad companies have the right to exercise reasonable discretion in the construction of their roadbeds.-MORRIS V. DULUTH, ETC. RY. CO., U. 8. C. C. of App., Eighth Circuit, 108 Fed. Rep. 747.

165. RAILROADS-Judicial Sale-Liens.-A purchaser of railroad property at judicial sale succeeds to all the rights of the former owner and the owners of the liens foreclosed, as against an unforeclosed lien.-CONNOR V. TENNESSEE CENT. RY., U. 8. C. C. of App., Sixth Circuit, 109 Fed. Rep. 981.

166. RAILROADS-Liable for Fires.-Railroad com. pany held liable, under Rev. St. § 1688, for injuries by fire from its locomotives to growing trees, turpentine boxes, etc.-DENT V. South Bound R. Co., S. Car., 39 S. E. Rep. 527.

167. RAILROAD8-Liability for Fires.-Railroad com. pany permitting dry grass on its right of way, liable for fire caused by sparks.- SHIELDS v. NORFOLK & C. R. Co., N. Car., 39 S. E. Rep. 582.

168. RECEIVERS-Action Against-Proof.-In an ac. tion by a passenger to recover for wrongful ejection, as against receivers of road, plaintiff must prove that defendants were receivers and had control thereof, and that he was ejected by persons in defendant's employ.-MCGHEE V. CASHIN, Ala., 30 South. Rep. 367.

169. RECEIVERS-Authority to Continue Litigation.A receiver does not, by virtue of his appointment, become a party to the litigation, so as to entitle him to file a pleading therein.-YOUTSEY V. HOFFMAN, U. S. C. C., D. (Ky.), 108 Fed. Rep. 693.

170. RECEIVERS-Not a Party to Suit-May Contest.The receiver of an insolvent firm, not made a party to

an action against such firm, may contest debt of the judgment creditor.-LAWSON V. DUNN, N. J., 49 Atl. Rep. 1087.

171. RECEIVERS-Party-Pending Litigation. - A judg. ment entered against a firm for which a receiver has been appointed in an action in which such receiver was not inade a party has no force against him.-LAW. SON V. DUNN, N. J., 49 Atl. Rep. 1087.

172. RECEIVING STOLEN GOODS- Sufficient Indictment.-Indictment for receiving stolen goods, not alleging that defendant knew they were stolen, held Insufficient.-ANDERSON V. STATE, Ala., 30 South. Rep.

375.

173. REMOVAL OF CAUSES-Dismissal as to One Defendant.-A plaintiff may dismiss his action before trial as to one of two or more defendants, on whose application the cause was removed into a federal court on the ground of a separable controversy.-YoUTSEY V. HOFFMAN, U. S. C. C., D. (Ky.), 108 Fed. Rep. 699. 174. SAFE-DEPOSIT COMPANIES Liability.-A contract of a safe-deposit company construed, and held not to relieve it of its obligation to guard the property placed in its charge as a bailee for hire.-CUSSEN V. SOUTHERN CALIFORNIA SAV. BANK, Cal., 65 Pac. Rep. 1099.

175. SALES- Repudiation of Contract.-The acts of a purchaser in refusing to pay for deliveries made, and in denying liability therefor, held to amount to a repudiation of the contract.-SCULLY STEEL & IRON Co. v. OLD MEADOW ROLLING MILL CO., U. S. C. C. of App., Third Circuit, 108 Fed. Rep. 732.

176. SALVAGE-Authority of Master.-A master whose vessel has stranded has no authority on behalf of the insurers to promise his men extra pay for work done as salvage services.- THE C. F. BIELMAN, U. S. D. C., E. D. (Wis.), 108 Fed. Rep. 878.

178. SHIPPING Charters-Port Customs.-A custom of the port in order to be read into the charter, must be reasonable, certain, lawful, and consistent with the charter, and so general and long-established as to be conclusively presumed to have been within the knowledge of the parties.-CONTINENTAL COAL Co. v. BIRDSALL, U. S. C. C. of App., Fourth Circuit, 108 Fed. Rep. 882.

179. SPECIFIC PERFORMANCE - Part Performance.Equity should not decree specific performance of parol agreement where the acts of part performance are not positive and substantial.-HUDSON V. MAX MEADOWS LAND & IMPROV. CO., Va., 39 S. E. Rep. 215.

180. SPECIFIC PERFORMANCE Sale of Whisky.Equity will not decree the specific performance of a contract of sale of whisky stored in a United States warehouse.-LANGFORD V. TAYLOR, Va., 39 S. E. Rep.

228.

181. STATUTES-Amending Amended Statute.-A statute is not invalid, although it purports to be amenda. tory of a prior amended statute where the provisions of the new statute are independent and complete in themselves.-CITY OF BEATRICE V. MASSLICH, U. S. C. C. of App., Eighth Circuit, 108 Fed. Rep. 743.

182. STREET RAILROADS- Franchise-Assignment.-A franchise granted to an individual may be valid by as. signed of the same to a private corporation.-WATSON V. FAIRMOUNT & SUBURBAN RY. Co., W. Va., 89 S. E. Rep. 193.

183. TAXATION-Tax Sale-When Made.-Power to sell land for taxes must be exercised during the existence of the tax lien.-HARNED V. CITY OF CAMDEN, N. J., 49 Atl. Rep. 1082.

184. TAXATION-Tax Title.-Where plaintiff holds the legal title, redemption by defendants from tax sale gives them no interest or right of occupancy as

against a deed from the owner to plaintiff.-WILLEY V. GREENFIELD, 71 N. Y. Supp. 1046.

185. TELEGRAPHS AND TELEPHONES Erection of Poles A telephone company, which by permission of municipal authorities erects lines along highways, ac. quires a mere license, and not a permanent vested interest in the land itself. - READFIELD TELEPHONE & TELEGRAPH Co. v. CYR, Me., 49 Atl. Rep. 1047.

186. TENANCY IN COMMON.-Where tenant in common is liable for waste by the removal of coal from land, co-tenant may waive tort and sue for an accounting.CECIL V. CLARK, W. Va., 39 S. E. Rep. 202.

187. TENANCY IN COMMON- Grantee of One TenantAdverse Possession.-Possession by grantee in deed of land held by tenants in common under a deed from one tenant held to amount to ouster and to establish title after 10 years.-SUDDUTH V. SUMERAL, S. Car., 39 S. E. Rep. 534.

188. TIMBER-Realty or Personalty.-Where growing timber is sold, it remains an incident of real property so long as it remains uncut, but, when cut, it becomes personalty.-EMERSON V. SHORES, Me., 49 Atl. Rep. 1051.

189. TOWNS - Charter of Incorporation - City. - Act incorporating a town never having been repealed, the existence of such place as a town held not affected by acts referring to it as a city.-SAVANNAH, ETC. RY. Co. V. JORDAN, Ga., 39 S. E. Rep. 511.

190. TRADE-MARKS AND TRADE NAMES-Geographical Terms.-Use of geographical or descriptive terms to palm off the goods of one manufacturer as those of another may be enjoined.-SHAVER V. HELLER & MERZ Co., U. S. C. O. of App., Eighth Circuit, 108 Fed. Rep. 821. 191. TRADE MARKS AND TRADE NAMES - Unfair Com. petition.-Sale of goods of one manufacturer as those of another is unfair competition, authorizing an in. junction.-SHAVER V. HELLER & MERZ Co., U. S. C. C. of App., Eighth Circuit, 108 Fed. Rep. 821.

195. TRIAL-Eleven Jurors Consent. Where juror is excused for providential cause, and party consents that the trial should proceed before 11 jurors, he cannot complain.-RALEIGH & G. R. Co. v. BRADSHAW, Ga., 39 8. E. Rep. 555.

196. TRIAL-Examination-Leading Questions.-The asking of leading questions is within the discretion of the trial court.-STATE V. MARCHBANKS, S. Car., 39 S. E. Rep. 187.

197. TRIAL-Instruction - One Theory.-Instruction applicable to one theory proper, though ignoring an. other theory, as to which instruction has been given. -RHOADES V. CHESAPEAKE & O. RY. Co., W. Va., 39 S. E. Rep. 209.

proving that they were agents of defendant, held not error.-P'ERRY V. JEFFERIES, S. Car., 39 S. E. Rep. 515.

201. TROVER AND CONVERSION-Measure of Damages. -Measure of damages in trover is the value of the property, with interest.-CECIL v. CLARK, W. Va., 39 S. E.Rep. 202.

202. TROVER AND CONVERSION-Venue.-A defendant in an action for damages for conversion of oysters wrongfully taken from plaintiff's oyster beds cannot have change of venue to the county in which the beds are situated.-MAKELY V. A. BOOTHE Co., N. Car., 39 S. E. Rep. 582.

203. TRUSTS-De Son Tort.-A plaintiff who intrusted money to an agent which the agent wrongfully deposited to cover gambling transactions, held entitled to recover the amount so deposited from defendant as a trust de son tort.-CENTRAL STOCK & GRAIN EXCH. OF CHICAGO V. BENDINGER, U. S. C. C. of App., Seventh Circuit, 109 Fed. Rep. 926.

204. TRUSTS-Innocent Purchaser-Pleading.-To de. feat a trust agreement affecting lands on the ground that defendant was a subsequent innocent purchaser such defense must be explicitly pleaded.—NEWMAN V. SCHWERIN, U. S. C. C. of App., Sixth Circuit, 109 Fed. Rep. 942.

205. USURY-Conflict of Laws.- Contract to pay inter est is governed by the law of the place of making the contract or the place of its performance.-Barrett v. CENTRAL BOILING & LOAN ASSN., Ala., 30 South. Rep. 347.

206. VENDOR AND PURCHASER-Payment-Evidence.In action to recover price of land, where issue is whether it was to be paid in part by stock of the ven dee corporation, evidence as to value of the land and the value of the stock held competent.-LARKINSVILLE MIN. Co. v. FLIPPO, Ala., 30 South. Rep. 358.

207. WATER AND WATER COURSES-Appropriation of Water Power.-Appropriation of unappropriated river valley space by a mill owner must be an actual occupation by dams.-NATIONAL FIBRE BOARD V. LEWISTON & A. ELECTRIC LIGHT CO., Me., 49 Atl. Rep. 1095. 208. WATER AND WATER COURSES Diversion-Prescription.-Diverting all the waters of a stream for 40 years, does not give a prescriptive right to have all the waters entering the stream or any of its tributaries flow that way.-CAVE V. TYLER, Cal., 65 Pac. Rep. 1089.

209. WILLS-Contest-Evidence.- On the trial of an Issue of devisavit vel non, caveatrix can prove that she was next of kin of the decedent by the declarations of the latter.-MALONE V. ADAMS, Ga., 39 S. E. Rep. 507. 210. WILLS Trustee.-Agreement between trustee under will and beneficiary, whereby the son became absolutely entitled to receive one-fourth of the income quarterly, held not in conformity with the trust.MURPHY V. DELANO, Me., 49 Atl. Rep. 1053.

211. WITNESSES-Death of One Party to Contract.In a suit by an administratrix for the value of improvements put on defendant's lot under a parol promise to convey it to intestate, defendant, over objection, cannot testify as to such promise.-LUTON V. BADHAM,IN. Car., 39 S. E. Rep. 581.

212. WITNESSES-Disregarding Testimony.-The jury cannot, because a witness was in the employ of one of the parties, arbitrarily disregard his testimony.BRUNSWICK & W. R. Co. v. WIGGINS, Ga., 39 S. E. Rep.