The Central Law Journal

1893, § 4350, notice of execution sale,stating name of defendant defectively, held not to vitiate sale.-McLain Land & Investment Co. v. Kelly, Okla., 66 Pac. Rep. 282. 90. EXECUTION-Purchaser of Mortgaged Property and Execution Sale.-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 incumbrance.-Kennedy v. Weber, Ky., 64 S. 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.-8an 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 the administrator until they have sought to obtain relief from him and he fails 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 disinterested witnesses. -Poole v. Daughdrill, Ala., 30 South. Rep. 579.

95. FEDERAL JURISDICTION-Probate Law in Indian Territory.-The United States district court for Indian Territory, sitting in probate, has no jurisdiction of a controversy between two guardians as to money ow. ing by one to the other.-In re Frazee, Ind. T., 64 S. 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. Ins. Co. v. Donlon, Colo., 66 Pac. Rep. 249.

97. FRAUD-Parol Purchase of Land.-An action of deceit by the parol purchaser of land against the vendor 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 is a question of fact for the jury.-Whitehouse v. Bolster, Me., 50 Atl. Rep. 240.

99. FRAUDS, STATUTE OF-Acceptance of Mortgage 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, not being in writing.-Borcherdt v. Favor, Colo., 66 Pac. 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 liability to creditors, if he pays them the fair value of the property transferred.-Cotting. ham v. Greely-Barnham Grocery Co., Ala., 30 South. Rep. 560.

the former, and not recorded for over a year, held not to have been given to hinder and delay creditors. 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.

105. FRAUDULENT CONVEYANCES-Right of Insolvency. 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 Co. of New York v. Worcester Cycle Mfg. 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, though not specially pleaded.-Clardy v. Wilson, Tex., 64 S. W. Rep. 489.

108. GAMING-Betting on Election.-The hazard of money on the result of a primary election held within the meaning of Shannon's Code, §§ 8159, 8161, so as to authorize a recovery of the money paid in pursuance thereto.-Mitchell v. Orr, Tenn., 64 S. W. Rep. 476.

110. GARNISHMENT-Choses in Action.-Choses in action belonging to defendant, but in possession of garnishee cannot be reached by garnishment.-Cottingham v. Greely Barnham Grocery Co., Ala., 30 South. Rep. 560.

111. HABEAS CORPUS-Application for Bail at Wrong Term. Where petitioner, charged with felony, is ordered to furnish bail 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 under habeas corpus will be dismissed.-Welch v. Sheriff of Franklin County, Me., 50 Atl. Rep. 88.

112. HIGHWAYS-Attorney's Fees as Lien.—In an action for a street assessment, it is proper to make the attorney's fee allowed plaintiff a lien upon the land assessed.-Reid v. Clay, Cal., 66 Pac. Rep. 262. 113. HOMESTEAD - Excess of Exemption. - Where debtor's interest in land claimed as a homestead ex ceeds the value exempt, the excess only can be sub. jected to debt. - Steiner v. Berney, Ala., 30 South. Rep. 570.

114. HOMESTEAD-Lands Constituting Dwelling-Place. -A homestead may be claimed in lands constituting dwelling place of family, whether held in fee-simple or for life.-Steiner v. Berney, Ala., 30 South. Rep. 570.

115. HOMICIDE-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 claims 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 S. W. Rep. 550.

117. HUSBANd and Wife-Antecedent Debts of Husband. 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 money furnished 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 either spouse, it is presumed to be community property.Clardy v. Wilson, Tex., 64 S. W. Rep. 489.

121. INDIANS-Foreclosing Mortgages of Indian Lands.-Act Cong. May 2, 1890, § 31 (26 Stat. 94; Ind. T. Ann. St. 1899, p. 9), held to exclude jurisdiction of federal court for Indian Territory of action to foreclose 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 Arkansas.-Nivens 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, § 4327), imposing 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 purchase of an improved farm from a Choctaw Indian by one not a 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. Hill, Ind. T., 64 S. W. Rep. 536.

125. INDIANS-Vested Interest of Individual Indians. -An individual of the Greek Nation has no vested interest 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 federal 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 S. W. Rep. 607.

127. INFANTS-Sale Without Guardian Ad Litem.-A judgment for the sale of land in which infant defendants had an interest was probably set aside, where no guardian ad litem was appointed, no answer was filled, 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 v. Commercial Fire Ins. Co., Del., 50 Atl. Rep. 93.

130. INSURANCE-Recovery of Cash Value for Assignee.-In an action by an administrator to recover the proceeds of a life 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 entitled, or that he was entitled to a paid-up policy.Burnsides' Admr. v. National Bank, Ky., 64 S. W. Rep.

520.

131. JUDGMENT-Finding of Identification.-Finding that note and mortgage on which action was founded were identified held sufficient to sustain judgment for platntiff, where execution had been denied.-Schal. lehn v. Hibbard, Kan., 66 Pac. Rep. 241.

132. JUDGMENT-Setting Aside Default.-On a motion to set 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 thereunder, it is proper to set aside the sale also.-Thornton 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. JUSTICES OF THE PEACE-Amendment of Pleading.-Under Mansf. Dig. § 4151 (Ind. T. Ann. St. 1899, § 2831), held, that an amendment to a petition in replevin 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 S. W. Rep. 575.

136. JUSTICES OF THE PEACE.-De Novo Trial on Certiorari.--Payment of judgment rendered against defendant 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 of 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.-Sass 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 admissible, 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, subsequent tender of rent in court held ineffectual.-Kemp v. Jennings, Ind. T., 64 S. W. Rep. 616.

141. LANDLORD AND TENANT-Possession After 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 tenancy.-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 unlawful detainer.-Ellis v. Fitzpatrick, Ind. T., 64 8. W. Rep. 567.

143. LIFE ESTATES-Ascertaining Value.-In ascertaining value of life estate, the health and age of life tenant should be considered.-Steiner v. Berney, Ala., 30 South. Rep. 570.

144. LIMITATIONS OF ACTIONS-Recovery of Possession of Land.-Action to recover possession of land, instituted within five years from time of accrual, and, on nonsuit being taken, brought again within one year, as provided by Mansf. Dig. § 4497 (Ind. T. Ann. St. 1899, § 2954), held not barred.-Turner v. Gonzales, Ind. T., 64 S. 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 where the debt has been renewed before the running of the limitation.-Newhall v. Hatch, Cal., 66 Pac. 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 Safe 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 derailed 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 Ann. Laws, §§ 27, 29, plaintiff held entitled to bring in his 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 S. W. Rep. 532.

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 Mortgage for Precedent Debt.-Mortgage given for a precedent debt held entitled to a priority over a subsequent mechanic's lien for alterations, within Mechanic's Lien Act 1898, p. 538.-Reed v. Rochford, N. J., 50 Atl. Rep. 70. 155. MECHANICS' LIENS-Work Performed for Executor 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. 255.

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, if 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 secure 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 sum. - Reed v. Rochford, N. J., 50 Atl. Rep. 70.

159. MORTGAGES - Renewal Note Continues Mortgagee's Priority.-The renewal of a note secured by a mortgage continues the mortgagee's right to a priority over subsequent creditors.-Newhall v. Hatch, Cal., 66 Pac. Rep. 266.

160. MUNICIPAL 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. MUNICIPAL CORPORATIONS-Taxation of Country

Residents. Where a farmer removed his family to a neighboring town to have his children educated, he did not abandon his 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 farming 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. H., 50 Atl. Rep. 108.

164. NEGLIGENCE-Child Incapable of Contributory Negligence.-Child between 7 and 14 years old held prima facie incapable of contributory negligence.Tutwiler Coal, Coke & Iron Co. v. Enslen, Ala., 30 South. Rep. 600.

165. 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. S. D. C., D. (Del.) 110 Fed. Rep. 545.

166. NEGLIGENCE-Rule of Contributory Negligence. -One may recover for injuries, though his own negli gence 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. Wilson, 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 create 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 v. Stark, Kan., 66 Pac Rep.. 243.

170. PARTIES - Order of Intervention. An order granting intervention will not be vacated after hearing, because granted ex parle, where the court would be required to render it.-Percy Summer Club v. Astle, U. S. C. C., 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 of 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 after he has opened his proof, is too late.-Sands v. Southern 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 of

contesting claimants to public lands while the matter is pending before the land department.-Humbird v. Avery, U. S. C., C.¡D, (Minn.), 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 præsenti.—Banton v. Crosby, Me., 50 Atl. Rep. 86.

177. PUBLIC LANDS-Number of Entries to One Person.-Under Rev. St. ch. 102, § 3, one person could make any number of entries and surveys, not exceeding 200 acres each.-Uhl v. Reynolds, Ky., 64 S. W. Rep. 498.

178. PUBLIC LANDS Previously Entered Land.Every entry, survey, or patent is void in so far as it embraces land previously entered, surveyed, or patented.-Uhl v. Reynolds, Ky., 64 S. W. Rep. 498.

179. PUBLIC LANDS- Uncertainty in not Describing Prior Grants.-A patent vests the patentee 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.-Uhl v. Reynolds, Ky., 64 8. W. Rep. 498.

180. QUO WARRANTO Director's Title to Office.Stockholders of a corporation held entitled to main. tain a writ of quo warranto to determine title to office of directors.- Commonwealth v. Stevenson, Pa., 50 Atl. Rep. 91.

181. RAILROADS-Care Towards Trespassers.-The care required of a railroad towards trespassers or licensees is to refrain from gross negligence or willful careles. ness.-Tully v. Philadelphia, W. & B. R. Co., Del., 50 Atl. Rep. 95.

182. RAILROADS-Retroactive Effect of Fence Laws.Ky. St. § 1797, requiring railroad companies to fence 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. Co., Ky., 64 S. W. Rep. 522.

183. RAILROADS-Reverter of Right of Way.-Right of way granted by deed providing that it was exclusive for one year, held not to revert to grantor on railroad company's failure to enter within the year.-Virginia & S. W. Ry. Co. v. Crow, Tenn., 64 S. W. Rep. 485.

as to Ringing Bells.

184. RAILROADS Rules A jury held entitled to consider a railroad's rules as to ringing 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. RAILROADS-State Reduction of Rates.-Violation of Constitution.-Where the net earnings of a rail. road company on local business within a state are insufficient to pay one half of the interest on its valid bonded debt justly chargeable upon such earnings, a state regulation reducing rates, which would materially reduce such earnings, is unreasonable and a violation of the company's constitutional rights.-Chicago, M. & St. P. Ry. Co. v. Smith, U. S. C. C., D. (Vt.), 110 Fed. Rep. 473.

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. RECEIVERS-Discharge on Motion of Trespassers of Land in His Possession.-Where a receiver is appointed to collect a judgment, he should not be discharged on the motion of trespassers on the land of which 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

Val. Electric R. Co., U. s. C. C., D. (Vt.), 110 Fed. Bep. 473.

189. REPLEVIN- Fraud Under General Denial.-Under 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 ordinary 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 possesses.-The Henry Steers, Jr., U. S. D. C., E. D. (N. Y.), 110 Fed. Rep. 578.

192. SCHOOLS AND SCHOOL DISTRICTS Judgment Confessed by Director.-Judgment against school district, confessed by director, held yoid for want of authority.-Moore v. School Dist. No. 71, Okl., 66 Pac. Rep. 279.

193. SCHOOLS AND SCHOOL LANDS- School Lands a Trust.-Under Const. art. 7, § 6, and Rev. St. 1895, §§ 3902, 3905, 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, if 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 empley 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-Waiving 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. S. D. C., 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 S. 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.

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 Safe 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 derailed 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'

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.

159. MORTGAGES Renewal Note Continues Mort

182. MUNICIPAL CORPORATIONS-Taxation of Farm Lands. The fact that land embraced within the boundary of a city is used for farming 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.

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 create a probability of a different result.-Woolsey v. Jackson, Ind. T., 64 S. W. Rep. 548.

170. PARTIES Order of Intervention.- An order granting intervention will not be vacated after hearing, because granted ex parle, where the court would be required to render it.-Percy Summer Club v. Astle, U. S. C. C., D. (N. H.), 110 Fed. Rep. 486.

172. PLEADING-Demurrer to the Evidence.-A demurrer to the evidence, interposed by defendant after he has opened his proof, is too late.-Sands v. Southern Ry. Co., Tenn., 64 S. W. Rep. 478.

173. PLEADING-Motion to Correct Complainant Not Separating Causes.-An objection that the dank of

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The Central Law Journal, Том 53