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1893, $ 4350, notice of execution sale,stating name of de. fendant defectively, beld not to vitiate sale.-McLain Land & Investment.Co. v. Kelly, Okla., 66 Pac. Rep. 282.
90. EXECUTION-Purchaser of Mortgaged Property and Execution shale.-Under Ky. St., $ 1709, the pur. chaser of mortgaged property at execution sale acquired only a lien for the purchase money and interest at the rate of 10 per cent. subject to the prior incum. brance.-Kennedy v. Weber, Ky., 64 8. W. Rep. 514.
91. EXECUTORS AND ADMINISTRATORS-Contract of Executor Supporting Mechanic's Lien.-An executor cannot make a contract which would give the other party a right to file a mechanic's lien on the estate property without an order of the court.-San Francisco Pav. Co. V. Fairfield, Cal., 66 Pac. Rep. 255.
92. EXECUTORS AND ADMINISTRATORS-Heirs' Action Against Administrator.--Heirs of an intestate cannot proceed in equity to enforce their rights against tbe administrator until they have sougbt to obtain relief from him and he talls to grant it.-Blackburn V. Fitzgerald, Ala., 30 South Rep. 568.
93. EXECUTORS AND ADMINISTRATORS-Heirs as Parties to Suit Against Administrator.-Heirs at law of an intestate held to have no right to maintain bill to be made parties to a suit against the administrator of the intestate.-Blackburn v. Fitzgerald, Ala., 30 South. Rep. 568.
94. EXECUTORS AND ADMINISTRATORS-Proof of Debts to Authorize Sale.-In proceeding by administrator to sell lands to pay debts, it is not necessary, under Code, $ 164, that debts should be proved by deposition of dig. interested witnesses.-Poole v. Daughdrill, Ala., 30 South. Rep. 579.
95. FEDERAL JORISDICTION-Probate Law in Indian Territory.-The United States district court for Indian Territory, sitting in probate, bas no jurisdiction of a controversy between two guardians as to money ow. ing by one to the other.-In re Frazee, Ind. T., 64 8. W. Rep. 545.
96. FIRE INSURANCE-Ownership of Land.-Provision in fire policy as to ownership of land in fee by insured held waived by agent's knowledge of condition of title.-American Cent. Ing. Oo. v. Doplon, Colo., 66 Pac. Rep. 249.
97. FRAUD-Parol Purcbase of Land.-An action of deceit by the parol purchaser of land against the ven. dor held not an action upon a contract for the sale of real estate to which the statute of frauds would be a defense.-Schneider v. Schleutker, Ky., 64 S. W. Rep. 505.
98. FRAUD--Question of Fact.-The existence of fraud 18 & question of fact for the jury.-Whitehouse y. Bolster, Ne., 50 All. Rep. 240.
99. FRAUDS, STATUTE OF-Acceptance of Mortgage Surrender.-An agreement of a mortgagee to accept a surrender of the mortgaged promises and to deliver up the note secured by the mortgage held unenforceable, not being in writing.-Borcherdt v. Favor, Colo., 66 Paç. Rep. 251.
100. FRAUDS, STATUTE OF-Consideration of Marriage.. -A contract on consideration of marriage, by which the husband agrees to give the wife an allowance,must be in writing and signed by the parties.-Stanley v. Madison, Okla., 66 Pac. Rep. 88.
101. FRAUDULENT CONVEYANCES-Grantee Repaying Fair Value.-Grantee in fraudulent conveyance, held released from liabllity to creditors, if he pays them the fair value of the property transferred.-Cotting. ham v. Greely.Bardham Grocery Co., Ala., 30 South. Rep. 560.
102. FRAUDOLENT CONVEYANCE – Homestead. - A debtor can convey his homestead.-Steiner v. Berney, Ala., 30 South. Rep. 570.
103. FRAUDLENT COVNEYANCES-Mortgage to Secure Indorsements.-A mortgage given by one brother to another to secure the latter on indorsements made for
the former, and not recorded for over a year, held not to have been given to binder and delay creditore.Ashbury Park Building & Loan Assn. v. Shepherd, N. J.,50 Atl, Rep. 65.
104. FRAUDULENT CONVEYANCES-Purchase of Money Before Notice of Fraud.-Purchaser in conveyance, fraudulent as to creditors, held entitled to protection only to the extent of the purchase money paid before notice of the fraud.-McFadyen v. Masters, Okla., 66 Pac. Rep. 284.
106. FRAUDULENT CONVEYANCES-Right of Insoly. ency.-Where a mortgage made by a corporation is valid as against the corporation and its stockholders, its validity cannot be attacked by an assignee in insolvency, who represents general ereditors whose claims arose after its execution - Central Trust Oo. of New York v. Worcester Cycle Mlg. Co., U.S. C. C., D. (Mass.), 110 Fed. Rep. 491.
107. FRAUDULENT CONVEYANCES-Specially Pleading Fraud.- Where plaintiff claims under an execution sale, and defendant offers a deed from the judgment debtor, plaintiff may show fraud, thougb not specially pleaded.-Clardy v. Wilson, Tex., 64 S. W. Rep. 489.
108. GAMING-Betting on Election.-The bazard of money on the result of a primary election held within the meaning of Shannon's Code, $$ 3159, 8161, so as to authorize a recovery of the money paid in pursuance thereto.-Mitchell v. Orr, Tenn., 64 S. W. Rep. 176.
110. GARNISHMENT-Choses in Action.-Choses in ac. tion belonging to defendant, but in possession of gar. nishee cannot be reached by garnishment.-Oottingham v. Greely:Barnlam Grocery Co., Ala., 30 South. Rep. 560.
111. HABEAS CORPU8-Application for Bail at Wrong Term.-Where petitioner, charged with felony, is or. dered to furnish ball for an appearance at a wrong term of the court, as he could be admitted to ball by a ball commissioner, a petition for discharge ander habeas corpus will be dismissed.-Welcb v. Sheriit of Franklin County, Me., 50 Atl. Rep. 88.
112. HIGHWAYS-Attorney's Fees as Lien.-In an ac. tion for a street assessment, it is proper to make the attorney's fee allowed plaintiff a lien upon the land assessed.-Reid v. Olay, Cal., 66 Pac. Rep. 262.
113. HOMESTEAD - Excess of Exemption. - Where debtor's interest in land claimed as a bomestead ex ceeds the value exempt, the excess only can be sub. jected to debt. - Steiner v. Berney, Ala., 30 South, Rep. 670.
114. HOMESTEAD-Lands Constituting Dwelling-Place. -A homestead may be claimed in lands constituting dwelling place of family, whether held in tee-simple or for lite.-Steiner v. Berney, Ala., 30 South. Rep. 570.
115. HOXICIDE-Leaving State After Homicide as Evidence.-Where the state proved that defendant left the state immediately after the homicide, he may show that he was advised to leave to escape the friends of deceased.-Bradburn v. United States, Ind. T., 64 S. W. Rep. 550.
116. HOMICIDE - Self-Defense. - Where defendant claimg self-defense, it is error to charge that two persons cannot engage in mortal combat and each be act. ing in self-defense.-Bradburn v. United State, Ind. T., 64 8. W. Rep. 550.
117. HUSBAND AND WIFE-Antecedent Debts of Hus. band.-Where a son purchased land lying partly in Tennessee and partly in Kentucky, and made a cash payment of four-fifths of the price with mon nished by his wife to obtain a home. the vendor will not be allowed to subject to an antecedent debt of the son the land in Kentucky, of less value than the cash payment.-Pitman v. Pitman, Ky., 64 S. W. Rep. 514.
118. HUSBAND AND WIFE-Community Property.Where during coverture land is conveyed to elther spouse, it is presumed to be community property.Clardy v. Wilson, Tex., 64 8. W. Rep. 489.
119. HUSBAND AND WIFE-Transaction BetweenBurden on Husband to Show Fairness.-In & tr tion between husband and wife, whereby husband ob. talded advantage, the burden is on him to show utmost fairness.-Way v. Union Cent. Life Ins. Co., S. Car., 39 S. E. Rep. 742.
120. INDIANS-Action for Possession of Land.-Action for possession of Indian lands held under void im. provement contract held not maintainable by private citizen.--Casteel v. McNeeley, Ind. T., 64 8. W. Rep. 594.
121. INDIANS-Foreclosing Mortgages of Indian Lands.-Act Cong. May 2, 1890, $ 31 (26 Stat. 94; Ind. T. Aon, St. 1899, p. 9), held to exclude jurisdiction of federal court for Indian Territory of action to fore. close mortgage covering Indian land.-Crowell v. Young, Ind. T., 64 S. W. Rep. 607.
122. INDIANS-Intestate Indians.-Under Act Cong. June 28, 1898, the property of a member of an Indian nation dying intestate will be distributed in the United States courts according to the statute of Ar. kansas.-Niveps v. Nivens, Ind. T., 64 S. W. Rep. 604.
123. INDIANS–Pasturing Cattle on Indian Land.Rev. St. U. S. $ 2117 (Ind. T. Ann. St. 1899, $ 1327), im. posing penalty on any person bringing cattle for past. urage on Indian lands without tribe's consent, held operative within the Creek Nation.-Forsythe v. United States, Ind. T., 64 S. W. Rep. 548.
124. INDIANS-Purchase of Lands.-The purcbase of an improved farm from a Choctaw Indian by one pot & citizen of the Choctaw Nation held not to give the grantee the right of possession as against a Choctaw Indian subsequently purchasing the land.-Rogers v. Hin, Ind. T., 64 8. W. Rep. 536.
125. INDIANS-Vested Interest of Individual Iodiaps. --Ap individual of the Greek Nation has no vested in. terest in any specific tract of the land patented to the nation under treaty.-Tuttle v. Moore, Ind. T., 64 S. W. Rep. 585.
126. INDIAN TERRITORY-Jurisdiction of Foreclosure. -A lederal court for the Indian Territory not having jurisdiction of suit to foreclose a mortgage on Indian land, It is proper to dismiss the suit and not retain it for personal judgment on the note secured.-Crowell V. Young, Ind. T., 64 8. W. Rep. 607.
127. INFANT8-Sale Without Guardian Ad Litem.-A judgment for the sale of land in which intant defend. ants had an interest was probably set aside, where no guardian ad litem was appointed, no answer was filed, and their statutory guardian was not made a party.Thornton v. Thornton, Ky., 64 S. W. Rep. 524.
128. INSANE PERSONS-Execution of Deeds. A deed by an incompetent is absolutely void.-Wilkinson v. Wilkinson, Ala., 30 South. Rep. 578.
129. INSURANCE-Payment to Agent.-Payment of premium to agent of the insurance company's author. ized agent held to bind the company.-Weisman y. Commercial Fire Ins. Co., Del., 50 Atl. Rep. 93.
130. INSURANCE-Recovery of Casb Value for Assignee.-In an action by an administrator to recover the proceeds of a lite policy which had been paid to his assignee for creditors, the burden was on defendant to show that at the time assignment was made the policy had a cash surrender value to which insured was en. titled, or that he was entitled to a pald-up policy.Barpsides' Admr. v. National Bank, Ky., 64 S. W. Rep. 520.
131. JUDGMENT-Finding of Identification.-Finding that note and mortgage on whicb action was founded were Identified held sufficient to sustain judgment for platotiff, where execution had been denied.-Schal. lebny. Hibbard, Kan., 66 Pac. Rep. 241.
132. JUDGMENT-Setting Aside Default.On a motion to get aside a default, affidavits of plaintiff held admis. sible.-Security Loan & Trust Co. v. Estudillo, Cal., 66 Pac. Rep. 257.
133. JUDICIAL SALES-Judgment of Sale Set Aside.Where a judgment for the sale of land is properly set aside before the confirmation of the sale made there. under, it is proper to set aside the sale also.-Thorn. top v. Thornton, Ky., 64 S. W. Rep. 524.
134. JURY-Commissioner's Court.-A trial before a jury in a commissioner's court is not a trial by jury within Const. U. S. Amend, art. 7.-Luce v. Garrett, Ind. T., 64 S. W. Rep. 613.
135. JOSTICES OF THE PEACE-Amendment of Plead. ing.-Under Mansf. Dig. § 4151 (Ind. T. Aon. St. 1899, $ 2831), held, that an amendment to a petition in re. plevin for three cows was properly permitted in the circuit court on appeal, so as to include the increase of the cattle born since their detention.-Simon v. Aubrey, Ind. T., 64 8. W. Rep. 575.
136. JUSTICES OF THE PEACE.-De Novo Trial on Cer. tiorari. -Payment of judgment rendered against de. fepdant by justice held waiver of defendant's right to trial de novo 'on certiorari.-Smith v. Patton, Ala., 30 South. Rep. 582.
137. LANDLORD AND TENANT-Assignee of Lease.-An assignee oi a tenant's term under a lease acquires no further rights than such tenant held.-Thomas v. Sass, Ind. T., 64 S. W. Rep. 531.
138. LANDLORD AND TENANT-Assignees of Lease Setting up Adverse Title.- Parties to whom lessees, who recognized the lessor as landlord, assigned their term, cannot set up outstanding titles against the landlord's title.-Sage v. Thomas, Ind. T., 64 S. W. Rep. 528.
139. LANDLORD AND TENANT-Crops to Show Rental Value.-Evidence of value of crops produced held ad. missible, in action for possession, to show cash rental value of Indian lands held under improvement con tract.-Casteel v. McNeeley, Ind. T., 64 S. W. Rep. 594.
140. LANDLORD AND TENANT-Leasing Indian Lands. -Under agreement leasing Indian lands and requiring tender of rent at termination of yearly period, subse. quent tender of rept in court held ineffectual.-Kemp V. Jennings, Ind. T., 64 S. W. Rep. 616.
141. LANDLORD AND TENANT-Possession Alter Expi. ration of Lease. The continued possession of a tenant after the expiration of the lease or under a void con. traet of sale is that of a tenant at will, and notice to quit and demand for possession terminates the ten. ancy.-Rogers v. Hill, Ind. T., 64 S. W. Rep. 536.
142. LANDLORD AND TENANT-Unlawful Detainer.Under a lease from month to month, the non-payment of rent forfeits the lease and authorizes suit for un.lawlul detainer.-Ellis v. Fitzpatrick, Ind. T., 64 8. W. Rep. 567.
143. LIFE ESTATES-Ascertaining Value.-In ascer. taining value of lite estate, the health and age of life tenant should be considered.-Stelper v. Berney, Ala., 30 South. Rep. 570.
144. LIMITATIONS OF ACTION– Recovery of Posses. sion of Land.-Action to recover possession of land, instituted within five years from time of accrual, and, on nonguit being taken, brought again within one year, ag provided by Mapsf. Dig. $ 4497 (Ind. T. Ann. St. 1899, $ 2954), held not barred.-Turner v. Gonzales, Ind. T.,64 8. W. Rep. 565.
145. LIMITATIONS OF ACTIONS-Renewal of Note Before Bar.-An action to foreclose a mortgage, brought after the original period of limitation, is not barred wbere the debt has been renewed before the running of the limitation.--Newball v. Hatch, Cal., 66 Pao. Rep. 266.
146. MASTER AND SERVANT – Assuming Position of Danger.-Where a servant assumed a position of dan. ger without notice to the master, the master owed him no duty to keep a lookout, unless he was performing a regular duty or was acting under a special order of his foreman.-Bowling Green Stone Co. v. Capshaw, Ky., 64 S. W. Rep. 507.
147. MASTER AND SERVANT-Assuming Risk.--Person at work in a mine with mine owner's consent, but not as employee, having knowledge of the dangerous condition of the mine, held to have assumed the risk. -Sloss Iron & Steel Co. v. Knowles, 30 South. Rep. 584.
148. MASTER AND SERVANT - Duty to Provide Sale Place.-Duty of manufacturer to provide safe place for employee to work in held to extend to passageway in mill used by other employees with employer's consent.-Edwards v. Tilton Mills, N. H., 50 Atl. Rep. 102.
149. MASTER AND SERVANT-Evidence as to Efficacy of Tools.-Opinion of witness in action for death of railroad employee, assisting to restore deralled car, as to efficacy of jackscrews for such purpose, held admissible.-Louisville & N. R. Co. v. Jones, Ala., 30 South. Rep. 586.
150. MASTER AND SERVANT-Knowledge of Servants.A railroad is chargeable with the knowledge of its servants in charge of a passenger train as to injuries happening to a passenger during the operation of the train.-Wheeler v. Grand Trunk Ry. Co., N. H., 50 Atl. Rep. 103.
151. MECHANICS' LIENS-Action on Bond.-Under Hill's Aon. Laws, SS 27, 29, plaintiff held entitled to bring in bis own name action on a bond to recover pay for materials furnished to party with whom he had contracted for certain work.-United States v. McCann, Oreg., 66 Pac. Rep. 274.
152. MECHANICS' LIENS-Indian Territory Law.-A material-man has a lien on the building and interest of its owner in the land in the Choctaw Nation on which the building is situated.-Arnold v. Campbell, Ind. T., 64 8. W. Rep. 582.
153. MECHANICS' LIENS-Personal Judgment Against Grantee of Owner.-In an action to foreclose a me. chanic's lien, a personal judgment may be rendered against the grantee of the owner of the property, who assumed the debt.-San Francisco Pav. Co. v. Fairfield, Cal., 66 Pac. Rep. 255.
154. MECHANICS' LIENS-Priority of Mórtgage for Precedent Debt.-Mortgage given for å preeedent debt held entitled to a priority over a subsequent mechan. ic's lien for alterations, within Mechanic's Lien Act 1898, p. 538.-Reed v. Rochford, N. J., 50 Atl. Rep. 70.
165. MECHANICS' LIENS-Work Performed for Ex. ecutor of Estate.-An agreement of the purchaser of the estate property to pay for work done thereon under a contract with the executor held not to give contractor an équitable mechanic's lien on the prop. erty.-San Francisco Pav. Co. v. Fairfield, Cal., 66 Pac. Rep. 265.
156. MORTGAGES-Agreement to Accept a Surrender. -An agreement of a mortgagee to accept a surrender of the mortgaged premises and to deliver up the note secured by the mortgage held unenforceable, il made without a new consideration.-Borcherdt v. Favor, Colo., 66 Pac. Rep. 251.
157. MORTGAGES-Deed and Title Bond.- A deed and title bond held to constitute a mortgage, and not a conditional sale.-Borcherdt v. Favor, Colo., 66 Pac. Rep. 251.
158. MORTGAGES-For Loan Subsequently Delivered. -A mortgage to seoure a sum, a part of which is to be delivered after the mortgage's execution and delivery, held to be a potential lien for the full som.-Reed v. Rochford, N. J.,50 Atl. Rep. 70.
159. MORTGAGES - Renewal Note Continues Mort. gagee's Priority.-The renewal of a pote secured by a mortgage continues the mortgagee's right to a priority over subsequent creditorg.–Newhall v. Hatch, Cal., 66 Pac. Rep. 266.
160. MONICIPAL CORPORATIONS-Injuries on Sidewalk. -A city is liable for injuries received by a fall on the sidewalk, caused by an accumulation of discarded fruit rinds.-Archer v. Town of Johnson City, Tenn., 64 S. W. Rep. 474.
161. MONICIPAL CORPORATIONS-Taxation of Country
Residents.-Where a farmer removed his family to a neighboring town to have his children educated, he did not abandon bis domicile, and his personal property was not subject to municipal taxation.-Montgomery v. City of Lebanon, Ky.,64 S. W. Rep. 509.
162. MUNICIPAL CORPORATIONS-Taxation of Farm Lands.-The fact that land embraced within the boundary of a city is used for larming purposes does not exempt it from taxation by the city.-Bell County Coke & Improvement Co. v. City of Pineville, Ky., 64 S. W. Rep. 525.
163. NAVIGABLE WATERS-Legislative Grant to Erect Dam.-Legislative grant of authority to erect dam at outlet of lake held a complete defense to a suit for injunction to restrain a corporation from changing the water level of a lake.-State v. Sunapee Dam Co., N. 11., 50 Atl. Rep. 108.
164. NEGLIGENCE-Child Incapable of Contributory Negligence.-Cbild between 7 and 14 years old beld prima facie incapable of contributory negligence.Tutwiler Coal, Coke & Iron Co. v. Enslen, Ala., 30 South. Rep. 600.
163. NEGLIGENCE-Light on Breakwater.-A contract between the United States and contractors for erec. tion of a breakwater, providing for erection of a light on the work by the contractors, held not to relieve the latter from liability to third persons whose property is damaged by extinguishment of light during storm.-Harrison V. Hughes, U. 8. D. C., D. (Del.) 110 Fed. Rep. 545.
166. NEGLIGENCE-Rule of Contributory Negligence, -One may recover for injuries, though his own negligence exposed him to the danger, if the injuries were caused by the other's lack of care after becoming aware of the danger.-Tully v. Philadelphia, w. &B. R. Co., Del., 50 Atl. Rep. 95.
167. NEW TRIAL-Newly.Discovered Evidence. - A new trial should not be granted for newly discovered evidence, where no diligence is shown.-Clardy v. Wil. son, Tex., 64 S. W. Rep. 489.
168. NEW TRIAL – Newly. Discovered Evidence. - A motion for a new trial held properly overruled, where newly.discovered evidence was insufficient to crente a probability of a different result.-Woolsey v. Jackson, Ind. T., 64 S. W. Rep. 548.
169. NUISANCE-Abatement of Saloon.-The fact that a place where intoxicating liquor is sold is declared a common nuisance by statute does not justify its abate. ment by any person without process of law.-State y. Stark, Kan., 66 Pac Rep.. 243.
170. PARTIES - Order of Intervention.- An order granting intervention will not be vacated after hear. ing, because granted ex parle, where the court would be required to render it.-Percy Summer Club v. Astle, U.S.O.O., D. (N. H.), 110 Fed. Rep. 486.
171. PILOTS-Degree of Skill.-Pilots on the Delaware river are required to exercise the care and skill or river pilots and harbor pilots, and are chargeable with knowledge of natural objects on shore and of the significance of fixed lights.-Harrison v. Hughes, U. S. D. C., D. (Del.), 110 Fed. Rep. 545.
172. PLEADING-Demurrer to the Evidence.-A demurrer to the evidence, interposed by defendant alter he has opened his proof, is too late.-Sands v. South. ern Ry. Co., Tenn., 64 S. W. Rep. 478.
173. PLEADING-Motion to Correct Complainant Not Separating Causes.-An objection that the causes of action are not separately stated in the complaint should be made by motion, and not by demurrer.-San Francisco Pav. Co. v. Fairfield, Cal., 66 Pac. Rep. 255.
174. PLEADING-Verification.-A pleading which the law requires to be verified is not a complete pleading until that is done, unless the verification has been waived.-Park v. McReynolds, Ky., 64 S. W. Rep. 517.
175. PUBLIC LANDS-Claim Pending before Land Department.-Neither a federal nor state court can prop. erly assume to determine and adjudicate the rights or
contesting claimants to public lands while the matter 18 pending before the land department.-Humbird v. Avery, U. 8. O.,C.ID, (Mion.), 110 Fed. Rep. 465.
176. PUBLIC LANDS – Legislative Resolution. - A legislative resolve granting 200 acres in a particular township to each Revolutionary soldier held a grant in prasenti.-Banton v. Crosby, Me., 50 Atl. Rep. 86.
177. PUBLIC LANDE-Number of Entries to One Person. Under Rev. st. cb. 102, 43, one person could make any number of entries and surveys, not ex. ceeding 200 acres each.-Uhlv. Reynolds, Ky., 64 8.W. Rep. 198.
198. PUBLIC LANDS – Previously Entered Land.Every entry, survey, or patent is void in so far as it embraces and previously entered, surveyed, or patented.-Uhl v. Reynolds, Ky., 64 S. W. Rep. 498.
179. PUBLIC LANDE- Uncertainty in not Describing Prior Granto.-A patent vests the patentoe with title to all vacant and unappropriated land within the ex. terior boundary, the patent not being vold for uncer. tainty by reason of the failure to describe prior grants included within the bonndary.-Uhlv. Reynolds, Ky., 64 8. W. Rep. 498.
180. Quo WARRANTO - Director's Title to omee.Stockholders of a corporation held entitled to maintain a writ of quo warranto to determine title to office of directors.- Commonwealth p. Stevenson, Pa., 50 Atl. Rep. 91.
181. RAILROAD8-Care Towards Trespassers.-Thecare required of a rallroad towards trespassers or licensees is to retrain from gross negligence or willful careles. negg.-Tully v. Philadelphia, W. & B. R. Co., Del., 50 Atl. Rep. 95.
182. RAILROAD8-Retroactive Effect of Fence Lawg.Ky. St. $ 1797, requiring railroad companies to lence rights of way acquired free of charge, does not apply to such rights of way acquired prior to the enactment of the statute.-Ringo v. Chesapeake & O. Ry. Oo., Ky.. 64 S. W. Rep. 522.
183. RAILROAD8-Reverter of Right of Way.-Bight of way granted by deed providing that it was exclusive for one year, held not to revert to grantor on rallroad company's failure to enter within the year.-Virginia & S. W. Ry. Co. v. Crow, Tenn., 64 S. W. Rep. 485.
184. RAILROADS – Rules as to Ringing Bells, A jury held entitled to consider a railroad's rules as to ripglog a bell on approaching a crossing on the subject of the necessity of such precaution and the negligence of the company.-Hecker v. Oregon R. Co., Oreg., 66 Pac. Rep. 270.
185. RAILROAD8-State Reduction of Rates.-Violation of Constitution.-Where the net earnings of a rall. road company on local business within a state are insuficient to pay one ball of the interest on its valid bonded debt justly chargeable upon such earnings, a
regulation reducing rates, which would mate. rially reduce such earnings, is unreasonable and a vio. lation of the company's constitutional rights.-Chi. cago, M. & St. P. Ry. Co. v. Smith, U. 8. 0. C., D. (Vt.), 110 Fed. Rep. 173.
186. RAILROADS-Statutory Presumption as to Killing Stock.-While there is a statutory presumption that the killing of stock by a train was the result of neg. ligence, the burden is on the owner to show that the killing was by a train.-Southern Ry. Co. v. Forsythe, Ky., 64 S. W. Rep. 506.
187. RECEIVER8-Discharge on Motion of Trespassers of Land in His Possession.- Where a receiver is appointed to collect a judgment, he should not be dig. charged on the motion of trespassers on the land of wbich he is in possession under such judgment.McAllaster v. Edgerton, Ind. T., 64 S. W. Rep. 583.
188. RECEIVERS — Sale. – A motion for the sale of railroad property in the hands of receivers denied on the ground that tbepurpose of the receivership had not been accomplished.-Bibber: White Co. v. White River
Val. Electric R. Co., U. 8. C. C., D. (Vt.), 110 Fed. Rep. 473.
189. REPLEVIN- Fraud Under General Denial.-Up. der the general denial in replevin defendants may show that the chattel mortgage under which plaintiff claims the right to possession was obtained by fraud or deception.-Payne v. McCormick Harvesting Mach. Co., Okl., 66 Pac. Rep. 287.
190. REPLEVIN-General Verification.-Each several cause of action set out in a complaint in replevin is verified by a general verification to the complaint.Harris v. Castleberry, Ind. T., 64 S. W. Rep. 541.
191. SALVAGE-Degree of Skill Required.-While or. dinary skill is required from a salvor, yet in case of necessity one without nautical skill may undertake a rescue in good faith, using such ability as he pos. sesses.-The Henry Steers, Jr., U. S. D. O., E. D. (N. Y.), 110 Fed. Rep. 578.
192, SCHOOLS AND SCHOOL DISTRICTS — Judgment Confessed by Director.-Judgment against school dig. trict, confessed by director, held yoid for want of au. thority.-Moore v. School Dist. No. 71, Okl., 66 Pac. Rep. 279.
193. SCHOOLS AND SCHOOL LANDS- School Lands a Trust.-Under Const. art. 7,9 6, and Rev. St. 1895, $$ 3902, 3906, 4271, counties held to hold school lands and proceeds thereof in trust, and liable for any diversion thereof.--Board of School Trustees of Laredo v. Webb County, Tex., 64 S. W. Rep. 486.
194. SHIPPING-Liability for Injury where Charter is Violated.-The fact that a charterer puts the vessel to a different use from that specified in the charter does not render him liable to the owner for an irjury to the vessel, it it appears that the unauthorized use did not cause or contribute to the damage.-Sutcliff v. Selig. man, U. S. D. C., S. D. (N. Y.), 110 Fed. Rep. Rep. 560.
195. SHIPPING-Using Ship as War Dispatch Boat.The breaking out of a war during the term of a time charter does not affect the rights or liabilities of the charterer, who is not bound to employ the vessel in the safest business, but may employ it in any service which is lawful and not in violation of the charter.The Ely, U. S. D. C., S. D. (N. Y.), 110 Fed. Rep. 563.
196. SHIPPING-Walving Charter Provisions.-Where a charter expressly provides the lay days for loading and discharging, and fixes the amount of demurrage to be paid for overtime consumed by the charterer, the owner cannot be held to have waived such pro. vision, except upon clear evidence.-Henningsen v. Watkins, U. 8. D. O., E. D.' (Va.), 110 Fed. Rep. 574.
197. SPECIFIC PERFORMANCE - Indefinite or Alternate Agreements.-Specific performance of agreement to pay a debt, or, in default, to execute a mortgage, cannot be denied on the ground that it is indefinite and in the alternative.-Allender v. Evans-Smith Drug Co., Ind. T., 64 S. W. Rep. 558.
198. SPECIFIC PERFORMANCE-Oral Promise to Furnish Money.-An oral agreement to furnish the money required to complete a railroad is not such a definite and precise contract as to warrant a decree for its specific performance.-Bibber-White Co. White River Val. Electric R. Co., U. S. C. C., D. (Vt.), 110 Fed. Kep. 472.
199. STATUTE-Construction of Arkansas Statute in Indian Territory.-Where a statute of Arkansas is put in force in the Indian Territory by act of congress, it is incumbent on the courts in the territory to adopt the construction of such statutes by the Supreme Court of Arkansas.-Boyt v. Mitchell, Ind. T., 64 8. W. Rep. 610.
200. STATUTES—"Person" Does Not Include State.The word “person,” in a statute, does not necessarily include state.-Banton v. Griswold, Me., 50 Atl. Rep. 89.
201. STREET RAILROADS-Rule of "Stop, Look and Listen."-The rule that the failure of a person to stop, look, and listen before driving upon a rallroad track
constitutes negligence as a mattor of law is only ap. the vendors falsely represented that they had title as plicable to street railroads on a public street, where heirs to certain lands, to which they in fact had no tbe attending conditions are such that reasonable title.-Begley v. Eversole, Ky., 64 6. W. Rep. 513. re and prudence would require such precautions.
215. VENDOR AND PURCHASER- Waiving Lien by Tacoma Ry. & Power Co. v. Hays, U. S. C.C. of App., Taking Note.-Where, as part of the consideration for Ninth Circuit, 110 Fed. Rep. 496.
real estate sold to a wife, plaintiff took the note of the 202. SUBROGATION-Purchaser at Execution Sale. husband and two other signers as his gureties, the Purchaser at execution sale on money judgment held vendor's lien is thereby waived.-Shrimsher v. New. not entitled, on paying purchase money, to subroga. ton, Ind. T., 64 S. W. Rep. 534. tion to creditor's claim against judgment debtor. • 216. VENUE-Condition of Sufficient Bond.-The court Gray v. Denson, Ala., 30 South. Rep. 595.
cannot grant a change of venue on condition that de203. SUNDAY-Presumption of Delivery of Deed.-In fendant furnish a sufficient bond.-Ellis v. Fitzpatejectment, burden of overcoming presumption that rick, Ind. T., 64 8. W. Rep. 567. deed made on Sunday and delivered on that day is on 217, VENUE-Removal Without Notice to Defendant. person presenting it.-Williams v. Armstrong, Ala., 30 -A non-resident, not having designated an attorney South. Rep. 553.
on whom notice or other process may be served, cap. 204. TAXATION-Vacating Tax Certificate-Tender of
complain that defendant's motion for removal of Tax.-Equity will not require a tender of tax equitably
cause was heard without notice to him.-Terry v. due, as a condition precedent to vacating a tax cer
Skinner, U.S.C.C., E. D. (N. Car.), 110 Fed. Rep. 494. tificate as cloud on the title.-Title Trust Co. v. Ayls. 218. WAREHOUSEMEN-Stipulation as to Leakage.-A worth, Oreg., 66 Pac. Rep. 276.
notice printed across the face of a warehouse receipt 205. TERRITORIES- Enforcing Cherokee Statutes of for barrels of liquor that loss by leakage was at Marriage.-Under Act. Cong. June 28, 1898, $ 26, the
owner's risk will be deemed a part of the contract, Cherokee statutes relating to marriage with one not a
where the receipt was accepted and goods stored witb citizen of the nation, and removal therefrom, cannot
knowledge of such notice.-Tanssig v. Bode & Haslett, be enforced by the federal courts.-McAllaster v. Ed. Cal., 66 Pac. Rep. 259. gerton, Ind. T., 64 S. W. Rep. 583.
219. WILLS-Omitting to Mention Child.-Under Ind. 206. TOWAGE-Moderate Gale.-A tug held liable for
T. Ann. St. 1899, $ 3572 (Mansf. Dig. Ark. $ 6500), an in. the loss of her tow, which she cut adrift during a mod
tentional or accidental omission of a testator to men. erate gale off Cape Cod.-The O. L. Halenbeck, U. S.
tlop a child entitled it to apply to the court for reD.O., S. D. (N. Y.), 110 Fed. Rep. 656.
lief.-George v. Robb, Ind. T., 64 S. W. Rep. 615. 207. TRADE-MARKS AND TRADE-NAMES - H. Bitters 220. WILLS-Remainder After Life Estate.-Under Violating “Hostetter's."-Acts held to establish fraud, will limiting remainder after life estate to Sand his entitling plaintiff, the owner of a trade-mark known beirs in equal shares, s held to take proportionate as "Hostetter's Bitters," to an injunction against de. share as tenant in common with his children.-Smith fendant for furnishing a substitute for such bitters v. Smith, Tenn., 64 8. W. Rep. 483. marked "H. Bitters."-Hostetter Co. v. Martinopi, U. 221. WITNESSES-As to Absence of Witnesses.-In an S. C. C., N. D. (Cal.), 110 Fed. Rep. 524.
action for injuries by a passenger against carrier, 208. TRADE MARKS AND TRADE-NAMES - "Rem-Sho" plaintif, after testifying on cross-examination that as Violating “Remington."- Wrongful use of name the physicians treating her are absent, may explain “Remington," in connection with word “Sholes," is such absence and testify to her effort to procure their not affected by subsequent shortening to “Rem-Sho." attendance.- Southern Ry, Co. v. Crowder, Ala., 30 - Wyckoff v. Howe Scale Co. of 1886, U. 8. 0. C., D. South. Rep. 592. (Vt.), 110 Fed. Rep. 520.
222. WITNESSES-Attorney as to His Employment.209. TRIAL-Form of Instructions.-When proper in. Defendant's attorney was properly permitted to teg. structions are given, it is no ground of exception that tify as to his employment on a motion to set aside a they are not given in the form requested.-Wheeler v. default judgment in favor of plaintiff entered on Grand Trunk Ry. Co., N. H., 50 Atl, Rep. 103.
stipulation of such attorney.-Security Loan & Trust 210. TRIAL-Instruction Favoring One Phase of Evi Co. v. Estudillo, Cal., 66 Pac. Rep. 257. dence.-An instruction giving undue prominence to a 223. WITNESSES – Oross-Examination. – Defendant pbase of the evidence, favorable to the person asking may properly cross-examine plaintiff's witness as to it, is properly refused.-Louisville & N. R. Co. v. any matter in issue, though no inquiry was made in Jones, Ala., 30 South. Rep. 586.
respect thereto on the direct examination.-Sands v. 211. TRIAL-Proper Wording of Instructions.-An in. Southern Ry. Co., Tenn., 64 S. W. Rep. 478. struction should clearly and intelligently set forth the 224. WITNESSES – Cross-Examination. – Plaintiff's law as applicable, without being conflicting, contra. cross-examination of witness, showing that defenddictory, confusing, or misleading.-Payne v. McCor. ant paid witness' way to the trial and was to pay his mick Harvesting Mach. Co., Okl., 66 Pac. Rep. 287. expenses, held permissible.-Soutbern Ry. Co v.
212. TRUST8-Endorsement of Beneficary not a Rati. Crowder, Ala., 30 South. Rep. 592. fication.-An indorsement by a beneficiary relative to 225. WITNESSES-Disqualification Because of Hearing a conveyance by her trustee, having an interest in the Evidence.-A witness coming into court after trial trust estate, of all his property in trust to pay certain had commenced held not disqualified because he mortgages, held not a ratification of the mortgages as heard some of the state's evidence and was not under a charge on her interest in the trust estate.-Dudley rule with the other witnesses.- Pile v. State, Tenn., 64 V. Eastman, N. H., 50 Atl. Rep. 101.
S. W. Rep. 477. 213. USURY-Agreement to Pay Debts.- Agreement 226. WITNESSES-Impeachment for Misconduct.-It between insolvent debtor and another, by which the was improper to permit a witness to be impeached by latter was to pay the former's debts and become sub. showing specific acts of misconduct not contradictory rogated to the rights of his creditors, and subsequent of her statements as a witness.-Roberts v. Johnson, gettlement, including compensation for services, held Ky., 64 S. W. Rep. 526. not to constitute usury.-Pettyjohn v. Wilkin, Okl., 227. WITNESSES-Surprise.-A party who has been 66 Pac. Rep. 281.
surprised by the testimony of his own witnesses upon 214. VENDOR AND PORCHASER-False Representation. I a material fact may be permitted by the court, in its -In the absence of any allegation of fraud or mistake discretion, to show that the witness had made a dirin a written contract for the sale of the interests of ferent statement provious to the trial.-Tacoma Ry. & two of a large number of heirs in a tract of land, the Power Co. v. Hays, U. S. C. C. of App., Ninth Circuit, purchaser cannot avoid payment on the ground that | 110 Fed. Rep. 496.