INDEX.

Of record on appeal or writ of error, see "Ap- Actions between parties in particular relations.
peal and Error," § 11.

(1137)

Price of land, see "Vendor and Purchaser," § 4.
Recovery of assessments for public improve
ments in cities, see "Municipal Corporations,"
$ 9.

Recovery of land sold by vendor, see "Vendor
and Purchaser," § 4.

Rent, see "Landlord and Tenant," § 4.
Rescission of contract of sale, see "Sales," § 3.
Review of judgment, see "Judgment," § 3.
Services, see "Work and Labor."

Taking of or injury to property in exercise of
power of eminent domain, see "Eminent Do-
main," § 4.

To compel sale of property by executor, see
"Executors and Administrators," $5.
Wrongful death of employé, see "Master and
Servant," $$ 9, 10.

Wrongful injunction, see "Injunction," § 5.

Particular forms of action.

See "Ejectment"; "Entry, Writ of"; "Re-
plevin"; "Trespass," § 1; "Trover and Con-.
version."

Particular forms of special relief.
See "Divorce"; "Injunction"; "Interpleader";
"Partition," 1; "Quieting Title"; "Specific
Performance.'

Abatement of nuisance, see "Nuisance," § 1.
Admeasurement or assignment of dower, see
"Dower," § 3.

Alimony, see "Divorce," § 1.

Cancellation of written instrument, see "Can-

cellation of Instruments."

Determination of adverse claims to real prop-
erty, see "Quieting Title."

Disbarment, see "Attorney and Client," § 1.
Dissolution of corporation, see "Corporations,"
§ 5.

Dissolution of partnership, see "Partnership,"
§ 1.

Establishment and enforcement of right of
homestead, see "Homestead," § 4.

Establishment and enforcement of trust, see
"Trusts," § 7.

Establishment of boundaries, see "Boundaries,"

§ 2.

Establishment of will, see "Wills," § 4.
Foreclosure of mechanics' liens, see "Mechan-
ics' Liens," § 2.

Particular remedies in or incident to actions.
See "Arrest," § 1; "Discovery"; "Garnish-
ment"; "Injunction"; "Receivers"; "Tender.”
Proceedings in exercise of special jurisdictions.
Criminal prosecutions, see "Criminal Law."
Suits in equity, see "Equity."

Review of proceedings.

See "Appeal and Error"; "Judgment," § 4; "Jus-
tices of the Peace," § 1; "New Trial"; "Ex-
ceptions, Bill of."

§ 1. Joinder, splitting,

and severance.

consolidation,

Burns' Rev. St. 1901, § 279, cl. 5, does not
permit a joinder of causes of action for main-
taining a fence, constituting a nuisance, and
for the recovery of real estate and to quiet title.
Giller v. West (Ind. Sup.) 548.

A cause of action improperly joined in a com-
plaint, under Burns' Rev. St. 1901, § 279, el. 5,
held properly docketed as a distinct action un-
der section 343.-Giller v. West (Ind. Sup.) 548.

ACTION ON THE CASE.

See "Trespass," § 1.

ADEQUATE REMEDY AT LAW.
Effect on jurisdiction of equity, see "Equity,"
§ 1.

ADJOINING LANDOWNERS.

See "Boundaries"; "Party Walls."

An injunction will not issue to restrain the
erection of a high and unsightly board fence by
an adjacent lot owner, though erected for malice
West (Ind. Sup.) 548.
only and injurious to plaintiff's lot.-Giller v.

An owner of premises is entitled to damages
for the unlawful construction of a wall on his
premises by the adjoining owner.-Graves v.
Broughton (Mass.) 1083; Broughton v. Graves,
Id.

ADJUDICATION

Of courts in general, see "Courts," § 2.
Operation and effect of former adjudication,
see "Judgment," § 7.

ADMEASUREMENT.

Foreclosure of mortgage, see "Building and Of dower, see "Dower," § 3.
Loan Associations"; "Husband and Wife," §
2; "Mortgages," § 5.

Reformation of written instrument, see "Refor-
Imation of Instruments."

Removal of cloud on title, see "Quieting Title."
Rescission of contract of sale, see "Sales," § 3.
Restraining erection of fence by adjoining own-
er, see "Adjoining Landowners.'

Restraining obstruction of waters, see "Waters
and Water Courses," §§ 1, 2.
Restraining trespass on burial grounds, see
"Carriers."

Restraining violation of party wall agreement,
see "Party Walls."

Setting aside fraudulent

conveyance,

"Fraudulent Conveyances," § 2.
Setting aside will, see "Wills," § 4.
Trial of tax title, see "Taxation," § 6.

see

Particular proceedings in actions.
See "Appearance"; "Continuance"; "Costs";
"Damages"; "Depositions"; "Evidence"
"Execution"; "Judgment"; "Jury"; "Limita-
tion of Actions"; "Parties"; "Pleading";
"Reference"; "Stipulations"; "Trial."
Default, see "Judgment," § 1.
Verdict, see "Trial," § 11.

ADMINISTRATION.

Of estate of bankrupt, see "Bankruptcy," § 1.
Of estate of decedent, see "Executors and Ad-
ministrators.'

Of estate of insolvent, see "Insolvency," § 1.
Of trust property, see "Trusts," § 5.

ADMISSIONS.

As evidence in civil actions, see "Evidence,” § 5.
As evidence in criminal prosecutions, see "Crim-
inal Law," § 4.

By demurrer, see "Pleading," § 4.

ADVERSE POSSESSION.

See "Limitation of Actions."
Between life tenant and remainderman, see
"Life Estates."
Creation of easements by prescription, see
"Easements," § 1.

1. Nature and requisites.

One claiming land under Limitation Law, 8
7 (2 Starr & C. Ann. St. [2d Ed.] p. 2618, c.
83), held required to pay the taxes thereon for
seven years after the acquisition of his color
of title.-White v. Harris (Ill.) 519.

The employment of an agent and the agent's
acts held not to constitute possession under
Limitation Law, 87 (2 Starr & C. Ann. St.
[2a Ed.] p. 2618, c. 83).-White v. Harris (Ill.)

519.

A survey of vacant land held not to consti-
tute possession under Limitation Law, § 7 (2
Starr & C. Ann. St. [2d Ed.] p. 2618, c. 83).
-White v. Harris (Ill.) 519.

A person claiming land under Limitation
Law, 8 7 (2 Starr & C. Ann. St. [2d Ed.] p.
2618, c. 83), held required to prove that he had
color of title thereto, that he paid taxes there-
on for seven successive years, and that he
then took possession.-White v. Harris (Ill.)

519.

One claiming land under Limitation Law, §
6 (Laws 1839, p. 266), or under section 7, held
required to show a complete performance under
either one.-White v. Harris (Ill.) 519.

Where title by adverse possession is claimed
to have been secured through plaintiff's posses-
sion and that of her two immediate predeces-
sors in title, plaintiff cannot tack her posses-
sion to that of her predecessors in title, un-
less the conveyances to plaintiff and to plain-
tiff's grantor are by deed.-Illinois Cent. R. Co.
v. Hatter (Ill.) 751.

adjoining owner to ascertain true division line.
-Logsdon v. Dingg (Ind. App.) 409.

§ 3.

Pleading, evidence, trial, and re-
view.

An instruction as to what acts constitute pos-
session of vacant land under Limitation Law,
§ 7 (2 Starr & C. Ann. St. [2d Ed.] p. 2618,
c. 83), held misleading.-White v. Harris (Ill.)
519.

The question whether the erection of a build-
ing on vacant land constituted possession under
Limitation Law. § 7 (2 Starr & C. Ann. St.
[2d Ed.] p. 2618, c. 83), held for the jury.—
White v. Harris (Ill.) 519.

Evidence in action of trespass quare clausum
fregit, where plaintiff claimed title by adverse
possession, considered, and held insufficient to
sustain verdict for plaintiff.-Illinois Cent. R.
Co. v. Hatter (Ill.) 751.

Whether possession of land is hostile or ad-
verse is not a conclusion of law, but an ulti-
mate fact.-Logsdon v. Dingg (Ind. App.)

409.

A finding that an adverse claimant did not
claim ownership of any portion of the ad-
joining land beyond the true division line must
be considered in connection with his further
claim that a fence constructed by him and the
owner of such adjoining land was on the true
line.-Logsdon v. Dingg (Ind. App.) 409.

AFFIDAVITS.

See "Depositions."

See "Arrest," § 1; "Continuance."
In particular proceedings.
To impeach verdict, see "Trial," § 11.

AFTER-ACQUIRED TITLE.

Estoppel to assert, see "Estoppel," § 2.

AGENCY.

Though actual possession by the grantor's
tenant of land conveyed does not deprive the
grantor of the power to deliver possession to
the grantee, it is a circumstance which may See "Principal and Agent."
be considered by the jury in determining wheth-
er possession was delivered.-Illinois Cent. R.

Co. v. Hatter (Ill.) 751.

AGREEMENT.

A tenancy of certain land, not shown to have See "Contracts."
included a strip in controversy by description
or otherwise, held not to deprive the tenant
of his right to acquire adverse possession of
such strip.-Rabbermann v. Carroll (Ill.) 759.

AGRICULTURE.

Property in crops, see "Crops."

AIDER BY VERDICT.

As a general rule limitations do not run
against a municipal corporation in respect to
streets and property held for public use, and
adverse possession of such property, however
long continued, is of no effect.-Owen v. Vil- In civil actions, see "Pleading," § 8.
lage of Brookport (Ill.) 952.

Possession of a disputed strip, bounded by a
fence claimed by the occupant to be the true
division line, held adverse to title of adjoining
owner. Logsdon v. Dingg (Ind. App.) 409.

Where one holds a disputed strip of land
provisionally, or, if holding, he disclaims owner-
ship, except to the true line, wherever that may
be, his possession is not adverse.-Logsdon v.
Dingg (Ind. App.) 409.

ALIENATION.

Suspension of power of alienation of property,

see "Perpetuities."

ALIENS.

1. Naturalization.

Under Rev. St. U. S. § 2172 [U. S. Comp.
St. 1901, p. 1334], the naturalization of the
father of a foreign-born minor held to change
the status of the child.-Rexroth v. Schein (Ill.)
240.

Where adverse possession is claimed, the
fact that such possession originated in a mis-
take of the parties as to the boundary line
between their respective adjoining tracts, at
the time a fence on such line was built, does
not prevent the running of the statute.-Logs See "Divorce," § 1.
don v. Dingg (Ind. App.) 409.

2. Operation and effect.

Title secured by 20 years' adverse posses-

ALIMONY.

ALLOTMENT.

sion of a disputed strip held not devested by Of work in drainage proceedings, see "Drains,"
subsequent surveys made by agreement with

§ 1.

ALLOWANCE.

To surviving wife, husband, or children of de-
cedent, see "Executors and Administrators,"
$ 3.

ALTERATION.

Of highways, see "Highways," § 1.

ALTERATION OF INSTRUMENTS.

See "Reformation of Instruments."

In an action for rent, certain alterations and
interlineations in a lease introduced in evidence
by plaintiff held material, so as to have render-
ed the admission of the lease, without requiring
an explanation from plaintiff, erroneous.-Landt
v. McCullough (Ill.) 107.

AMENDMENT.

Probate proceedings, see "Wills," § 4.
Proceedings for judgment against real property
under tax laws, see "Taxation," § 4.
Proceedings for opening streets, see "Municipal
Corporations," § 11.

Review of criminal prosecutions.

See "Criminal Law," § 6.

1. Nature and form of remedy.
Under Burns' Rev. St. 1901, § 343, an appeal
from a cause of action docketed separately
from other causes set forth in the same com-
plaint is properly taken from the judgment only
of such separately docketed cause.-Giller v.
West (Ind. Sup.) 548.

§ 2. Decisions reviewable.

Where an order sustaining all objections to an
application for judgment for special assess
ments, unappealed from, was subsequently
modified, so that it no longer showed that "all"
the objections were sustained, the order of
modification was not reviewable on error.-

Of certificate of levy of highway taxes, see Murphy v. People (Ill.) 782.
"Highways," § 3.

Of levy of town tax, see "Towns," § 2.
Of statute, see "Statutes," § 4.

Of particular legal proceedings.

See "Judgment," § 3; "Parties," § 2.
Pleading, see "Injunction," § 2; "Pleading,"
$ 5.
Record after appeal, see "Appeal and Error," 8

10.

AMOUNT IN CONTROVERSY.
Jurisdictional amount, see "Courts," § 3.

ANIMALS

Carriage of live stock, see "Carriers," § 2.

The issuing of a dog license to one as owner
held no evidence of his ownership.-Jordan V.
Carberry (Mass.) 1062.

ANNULMENT.

Of will, see "Wills," § 4.

ANSWER.

In pleading, see "Pleading," § 3.

APPEAL AND ERROR.

See "Exceptions, Bill of": "New Trial."
Admissibility of deposition on trial de novo on
appeal, see "Depositions."

Appellate jurisdiction of particular courts, see
"Courts," § 3.

Costs, see "Costs," § 2.

Mandamus to compel rehearing, see "Manda-
mus," § 2.

Review in particular civil actions.
By or against corporation, see "Corporations,"
§ 3.

For penalty, see "Penalties," § 1.

To enforce assessments for public improve
ments in cities, see "Municipal Corporations,"
§ 10.

Review in special proceedings.
See "Mandamus," § 3.
Accounting by executor or administrator, see
"Executors and Administrators," § 7.
Assessments for public improvements in cities,
see "Municipal Corporations," $9.
Condemnation proceedings, see "Eminent Do-
main," § 3.

Drainage proceedings, see "Drains," §§ 1, 2.
For establishment of highway, see "Highways,"
§ 1.

Order dismissing bill for want of equity is
final, and reviewable on error, irrespective of
leave taken to amend after demurrer to the
bill was sustained.-Wormley v. Wormley (Ill.)
865.

Appeal held not to lie from order dissolving
temporary injunction on dismissal of bill on
motion by complainant.-Cahill v. Welch (Ill.)
877.

An order directing a witness to answer cer-
tain specified questions, to be used as evidence
in another state, is interlocutory, and an ap-
peal therefrom will be dismissed.-Strong v.
Western Gas & Fuel Co. (N. Y.) 721.

Proceedings under Code Civ. Proc. § 915, to
punish a witness for contempt in failing to
give testimony for use in an action in another
which an appeal will lie. Strong v. Western
state, constitutes a special proceeding, from
Gas & Fuel Co. (N. Y.) 721.

Report of referee appointed by surrogate, un-
der Code Civ. Proc. § 2546, to examine admin-
istratrix's account, is not a final order and ap-
pealable. In re Barefield (N. Y.) 732; In re
Rosell, Id.

Under Rev. St. 1892, § 5226, an action for
money, not requiring a decree granting some
equitable relief. cannot be appealed.-Lange v.
Lange (Ohio) 611.

Where, on error, the court of common pleas
reverses the judgment of the probate court,
it is a final disposition of the judgment of the
court of common pleas, but is not a final judg
ment, which may be reviewed on error.-State
v. Judges of Court of Common Pleas of Hamil-
ton County (Ohio) 659.

3. Right of review.

Partner, who entered into agreement, after
judgment, by which he received certain benefits
to which he was not entitled under judgment.
held to have waived error in judgment.-Ewing
v. Ewing (Ind. Sup.) 156.

Where executors and beneficiaries have unit-
alone have no right of appeal.-Isham v. New
ed in submission of controversy, the executors
York Ass'n for Improving Condition of Poor
(N. Y.) 367.

§ 4. Presentation and reservation in
lower court of grounds of review.
Defendant, in a suit by executors to foreclose
a trust deed, held not entitled to raise the objec-
tion that plaintiffs failed to show that they were
the testator's executors.-Marchal v. Davis (Ill.)

43.

The certificate of the Appellate Court, certi-
fying a cause to the Supreme Court, does not
present any question for consideration, unless