80. DESCENT-Rights of Heirs-Debts of Ancestor.-A grandchild inheriting per stirpes, under 1 Sayles' Civ. St. art. 1652, is entitled to recover his full share of the estate without accounting for a debt due by his de. ceased insolvent father to the intestate grandfather.POWERS V. MORRISON, Tex., 30 S. W. Rep. 851. 81. EJECTMENT-Cotenant as Plaintiff.-One cannot recover as sole plaintiff in ejectment the interests of both himself and his cotenants.-MARSHALL V. PALMER, Va., 21 S. E. Rep. 672. 82. ELECTIONS AND VOTERS-Ballots.-Some discretion is conferred upon the officer charged with the preparation of the official ballot, such as the arrangement thereon of party names, and in other respects not inconsistent with the spirit and purpose of the law; and the exercise of such discretion will not be controlled by the court.-WOODS v. MCNERNEY, Neb., 63 N. W. Rep. 23. 83. ELECTION OF REMEDIES.-Where the holder of a note which is secured by a lien on land, and which has been assumed by a purchaser of such land, has elected to sue the maker and foreclose the lien, he is thereby estopped to sue such purchaser on his contract assuming the note, to recover a balance left unpaid after the sale of the land.-WARD V. GREEN, Tex., 30 S. W. Rep. 864. 84. EMINENT DOMAIN-Damages.-The refusal of the court to allow a reversioner, upon his application, to be made a party defendant in a suit brought by the holder of the life estate against a city for damage to the land caused by the widening of a street, was error, although such reversioner had refused to join in the suit at request of the plaintiff.-JONES V. CITY OF ASHEVILLE, N. Car., 21 S. E. Rep. 691. 85. EMINENT DOMAIN-Franchise.-Act 1894, ch. 162, authorizing a street railway company to acquire by condemnation an easement in the roadway of a turnpike company, for the operation of its railway, is not unconstitutional, in that it violates the obligation of contracts, as corporations hold their franchises subject to the right of eminent domain.-PRESIDENT, ETC. OF BALTIMORE & F. TURNPIKE ROAD V. BALTIMORE, C. & E. M. P. R. Co., Md, 31 Atl. Rep. 854. 86. EQUITY-Jurisdiction.-Equity has no jurisdiction to avoid multiplicity of suits, of a suit to recover the several amounts due on a contract whereby defendants, in consideration of the assignment of the plaintiffs' several interests in an option on a mine, were to refund to each plaintiff the amount already advanced by him to develop the mine.-VAN AUKEN V. DAMMEIER, Oreg., 40 Pac. Rep. 89. 87. ESTOPPEL IN PAIS.-A party who by his acts, declarations, or admissions, or by failure to act or speak under circumstances when he should do so, either designedly or with willful disregard of the interests of others, induces or misleads another to conduct or dealings which he would not have entered upon but for this misleading influence, will not be allowed afterwards to come in and assert his right to the detriment of the person so misled.-NORFOLK & W. R. Co. v. PERDUE, W. Va., 21 S. E. Rep. 755. 88. EVIDENCE Copy of Deed.-An office copy of a deed improperly admitted to record is not competent evidence.-CLARK V. PERDUE, W. Va., 21 S. E. Rep. claim remains unpaid:" Held, that the liability of two or more heirs, devisees, or distributees of a decedent under this statute is several, and not joint, and, although another statute provides that they may be jointly sued, the United States Circuit Court has no jurisdiction of a suit against them unless the liability of each exceeds $2,000.-BUSEY V. SMITH, U. S. C. C. (Ind.), 67 Fed. Rep. 13. 91. FEDERAL COURTS-Practice-Production of Books and Papers.-The right given by Rev. St. § 724, to compel the production of books and papers in action at law, is not limited to requiring their production at the trial, but the court may, in its discretion, grant an order for inspection, with permission to copy, prior to the date of the trial.-LUCKER V. PHOENIX ASSUR. CO. OF LONDON, U. S. C. C. (S. Car.), 67 Fed. Rep. 18. 92. FEDERAL COURTS Supreme Court-Denial of Rights under Federal Constitution.-When the ground of jurisdiction is the alleged denial of a title, right, privilege, or immunity, secured by the constitution or laws of the United States, it must appear that such title, right, privilege, or fmmunity was specially set up or claimed at the proper time and in the proper way; and cannot be recognized as properly made, when set up for the first time in a petition for rehearing after judgment.-SAYWARD V. DENNY, U. S. S. C., 15 S. C. Rep. 777. 93. FORECLOSURE Interest.-Where interest on a mortgage debt is evidenced by interest notes, and, on failure to pay one of them, the entire debt is declared due, and the mortgaged foreclosed, the decree may include interest on the principal note from the date of the last matured interest note up to the date of the decree, but no damages should be computed on the interest due.-GUIGNON V. UNION TRUST Co., Ill., 40 N. E. Rep. 556. 94. FRAUDS-Statute of-Sale of Goods.-Where one orally contracting to buy goods, on being told by the seller to take them, directs a third person to do so, the latter, upon doing so, is not liable for their value to the seller, his receipt of the goods having the effect of taking the contract of sale out of the statute of frauds. -MOORE V. HAYS, Ind., 40 N. E. Rep. 638. 95. FRAUDULENT CONVEYANCES. Where a sale of goods is not followed by an actual and continued change of possession, the presumption is that the sale was made with the intention of hindering, delaying, or defrauding creditors of the vendor, and in a con test with such creditors the burden is on the vendee to prove that he purchased in good faith and for value. -SNYDER V. DANGLER, Neb., 63 N. W. Rep. 20. 96. FRAUDULENT CONVEYANCE.-Where the plaintiff in an action for the wrongful seizure of property alleged possession, without setting out the nature of his title, an answer alleging that his only title was by reason of a deed of trust, and asserting that such deed was fraudulent against unpreferred creditors, and had been altered after delivery, should be construed as an attack on plaintiff's title only in the particulars so pointed out; and proof of delivery and acceptance of the deed was not necessary to plaintiff's recovery.SONNENTHEIL V. TEXAS GUARANTY & TRUST CO., Tex., 30 S. W. Rep. 945. 97. FRAUDULENT CONVEYANCE- Chattel Mortgage.Where the vendee or mortgagee of chattels takes immediate possession, and continuously retains possession, in a contest between such vendee or mortgagee and creditors of the vendor or mortgagor, the burden of proof is on the creditors to show both a fraudulent intent on the part of the vendor or mortgagor and participation therein on the part of the vendee or mortgagee.-PLUMER V. BENNETT, Neb., 63 N. W. Rep. Where 14. 98. FRAUDULENT CONVEYANCE-Homestead. a debtor conveys his homestead to his mother, in consideration of a debt due her, and she conveys it to the latter's wife, there being no actual intent to defraud, a creditor who has the deeds set aside can only sell the property subject to the wife's homestead and the mother's lien for her debt.- FIRST NAT. BANK OF PEORIA V. RHEA, III., 40 N. E. Rep. 551. 99. GUARANTY.-One who offers to guaranty the debt of a third person, to be contracted in the future, is not bound thereby unless the offer is accepted, and notice of such acceptance is given him within a reasonable time, in the absence of excuse for failure to give such notice.-FARMER'S BANK V. TATNALL, Dela., 31 Atl. Rep. 879. 100. GUARANTY-Consideration.-It is not necessary that the written memorandum of a "special promise to answer for the debt of another" should expressly state the consideration for the promise. It is sufficient if, from the whole writing, it appears with reasonable clearness what the consideration was; as, for example, to procure credit for a third party from the promisee. -STRAIGHT V. WIGHT, Minn., 63 N. W. Rep. 105. 101. HIGHWAYS-Dedication by Plat.-Where a person surveys and plats his land into blocks, lots, streets, and alleys, all the lines upon such plat represent the intent of the owner, and the meaning expressed by such lines should be deemed as effectual as that of the words or language found thereon.-GREAT NORTHERN RY. Co. v. CITY OF ST. PAUL, Minn., 63 N. W. Rep. 96. 102. HUSBAND AND WIFE-Necessaries Purchased by Wife. The evidence in an action to recover from a husband for necessaries sold to a wife showed that she had, for several years prior to the purchase of the goods sued for, run bills at different stores, including plaintiff's, and that the husband had paid them regularly without objection. It was shown that, prior to the beginning of the bill in controversy, defendant had ordered his wife not to purchase goods from the plaintiff on credit, but his claim that he so notified plaintiff was expressly contradicted: Held, that the evidence was sufficient to sustain a verdict for plaintiff.-WATTS V. MOFFETT, Ind., 40 N. E. Rep. 533. 103. HUSBAND AND WIFE-Wife's Separate Property. -The only test of the paraphernality of the title of a married woman, during the existence of the community, is to be found in proof of the existence, origin, and investment of her paraphernal funds, under her separate administration and control. ROUYER V. CARROLL, La., 31 Atl. Rep. 292. 104. INJUNCTION- Relief against Execution.-An injunction will not be granted to restrain the sale of land under an execution against another.-BoSTIC v. YOUNG, N. Car., 21 S. E. Rep. 552. 105. INJUNCTION BOND.-In an action on an injunetion bond for attorney's fees incurred in procuring the dissolution of the injunction, an allegation in the complaint that the judgment dissolving the injunction had been in all things affirmed by the Supreme Court, is a sufficient averment to withstand a demurrer on the ground that the 60 days allowed for a petition for a rehearing after the affirmance of the cause in the Supreme Court had not expired. RHODES BURFORD FURNITURE Co. v. MATTOX, Ind., 40 N. E. Rep. 545. 106. INSANITY-Question for Jury. Where there is evidence that a grantor was insane when he executed a deed, his mental condition is a question of fact for the jury, and it is error to instruct that the law presumes that he was sane.-ROGERS V. ARMSTRONG CO., Tex., 30 S. W. Rep. 848. 107. INSURANCE - Application Incumbrances.- A judgment with waiver of exemptions, is a lien, within the meaning of a representation in an application for insurance that there were no liens or mortgages on the property.-CAPITAL CITY INSURANCE Co. v. AUTREY, Ala., 17 South. Rep. 326. 108. INSURANCE-Contract.-A contract of insurance entered into by one acting as agent for both the insurer and insured may be avoided by either party if, at the time of the contract, he did not know of such person's agency for the other party, or has not, with a full knowledge of the facts, ratified it. BRITISH. AMERICAN ASSUR. Co. v. COOPER, Colo., 40 Pac. Rep. 147. 109. INSURANCE-Proofs of Loss.-Under a fire insur ance policy providing that in case of loss the assured shall give immediate notice, and render a particular account thereof to the company, reasonable diligence is required in making proof of loss; and, where such proof was made over four months after a fire, and there was nothing in the pleadings to show that it could have been made sooner, the question of reason. able time was for the jury.-CAREY V. FARMERS' & MERCHANTS' INS. CO., Oreg., 40 Pac Rep. 91. 110. INTERPLEADER-Appeal.-An order dismissing a bill of interpleader was reversed by the appellate court, and the cause remanded, with directions to the Circuit Court to permit the complainant to pay the money held by it into court, to order the defendants to interplead therefor, and to enjoin the defendants from suing the complainant: Held, that such order was a final judgment, from which an appeal to the Supreme Court would lie.-PLATTE VALLEY STATE BANK V. NATIONALLIVE STOCK BANK, Ill., 40 N. E. Rep. 621. 111. INTOXICATING LIQUORS Civil Damage Law.The interest of a wife in the earning power of her husband is not property, within Act May 8, 1854, declaring that one unlawfully furnishing intoxicating drinks to another shall be liable for injury to "person or prop. erty" in consequence of the furnishing. She cannot, therefore, recover because of his imprisonment for an act committed while intoxicated.-BRADFORD v. Bo. LEY, Penn., 31 Atl. Rep. 751. 113. JUDGMENT - Amendment-Laches.-The right of the court to correct the record entry of a judgment, and cause it to express the judgment actually rendered, is not lost by delay, unless the rights of the adverse party or of third parties would be prejudiced thereby.-BREENE V. BOOTH, Colo., 40 Pac. Rep. 193. 114. JUDGMENT Appointment of Receiver.- Where one has acquired a judgment lien on the property of an insolvent corporation, his rights thereunder will not be affected by the subsequent appointment of a receiver before execution has been levied.-CHERRY V. WESTERN WASHINGTON INDUSTRIAL EXPOSITION CO., Wash., 40 Pac. Rep. 136. 115. JUDGMENT-Confession-Affidavit.-Rev. St. 1881, § 588, as amended by Rev. St. 1894, § 597, provides that, whenever a confession of judgment is made, the party confessing shall, at the time he executes such power or confesses judgment, make affidavit of the justice of the claim, and that confession is not made to defraud creditors: Held, that the failure of makers of notes to make the affidavit prescribed renders judgment on the notes erroneous.-BIBLE V. VORIS, Ind., 40 N. E. Rep. 670. 116. JUDGMENT-Res Judicata.-Where, in a suit for divorce, the bill shows that a former bill was filed for the same cause, and that such bill was dismissed by the complainant, but neither the pleadings nor the evidence shows whether any answer to the former bill was filed, or whether the dismissal was without preju dice or not, such former suit is not a bar to the second suit.-GERBER V. GERBER, Ill., 40 N. E. Rep. 581. 117. JUSTICE OF THE PEACE Judgment.-Where the docket of a justice does not show the nature of the action, whether any pleas were made by the parties, nor any other facts showing jurisdiction, the judgment rendered is void.-JONES V. HUNT, Wis., 63 N. W. Rep. 81. 118. LANDLORD AND TENANT.-A landlord, by accepting without objection the possession of leased premises, may be deemed to have waived such right as otherwise he might have had to insist upon notice of his tenant's intention to quit, even though before such acceptance of possession the landlord had notified the tenant that he would insist upon such notice.-ELGUTTER V. DRISHAUS, Neb., 63 N. W. Rep. 19. 119. LANDLORD AND TENANT-Default in Rent.-In an action against a tenant to recover rent due or possession of the premises, a complaint alleging the terms of the lease, and tenant's failure to pay the rent which fell due prior to the date of demand, states a good cause of action, although it shows that the full amount claimed was not due at the time demand therefor was made.-KNOWLES V. MURPHY, Cal., 40 Pac. Rep. 111. 120. LANDLORD AND TENANT - Mortgage of Leasehold Interest. A mortgage of a leasehold estate by a lessee upon whom the lease confers the privilege to purchase the premises, partly on credit, at a price named, at any time during the term, does not convey to the mortgagee the right to sell such privilege of purchase. -MENGER V. WARD, Tex., 30 S. W. Rep. 853. 121. LANDLORD AND TENANT Rights of Tenant.-A tenant for years of mortgaged land planted a crop after the rendition of a decree foreclosing the mortgage, the tenant having been a defendant in the foreclosure suit. The land was sold under the decree, and the sale confirmed while the crop was growing, and before it matured. The purchaser did not obtain possession of the land, but permitted the tenant to retain possession, merely notifying him that he, the purchaser, would expect from the tenant rent in money or in kind: Held that, as between the tenant and the purchaser, the former was entitled to the crop.-MUNDAY V. O'NEIL, Neb., 63 N. W. Rep. 32. 122. LANLDORD AND TENANT-Structures Erected by Tenant.-Where owners of land dispossess a tenant, and, pending suit against them by him for possession of the land, rent the premises to a second tenant, the fact that the second lease is made terminable upon the ending of the suit will not affect the rights of the second lessee to structures placed upon the land by him, and which are, by express contract, his property.WRIGHT V. MACDONELL, Tex., 30 S. W. Rep. 907. 123. LANDLORD AND TENANT - Surrender of LeaseAcceptance.-A lessee removed before the expiration of the term without notice, and left the key with a neighbor for the lessors. The lessors notified the lessee that he would be held for the rent for the whole term unless the premises were re rented, that they would try to re-rent the same, and that the lessee might aid in procuring a tenant; and the lessors thereupon placed the premises with a rental agent: Held, that there was no acceptance of a surrender of the premises.-LANE V. NELSON, Penn., 31 Atl. Rep. 864. 124. LANDLORD AND TENANT-Tenancy from Year to Year. Where a tenant under a lease for years holds over, and the landlord thereafter accepts or demands rent, a tenancy from year to year is created, which may be terminated by 10 days' written notice to quit, in case of default in the payment of rent.-KLEESPIES V. MCKENZIE, Ind., 40 N. E. Rep. 648. 125. LANDLORD AND TENANT-Unlawful Detainer-Notice. Where a lease contained a covenant prohibiting the lessee from subleasing the premises, and reserving the lessor's right to sell, a sublessee will be charged with notice of the terms of his lessor's lease. -SHANNON V. GRINDSTAFF, Wash., 40 Pac. Rep. 123. 126. LIBEL-Good Character.-Where, in an action for libel, defendant denied the publication, and also pleaded justification, the mere fact that plaintiff's reputation was shown to be good did not warrant a verdiet in his favor.-AUTHIER V. BENNETT BROS. CO., Mont., 40 Pac. Rep. 182. 127. LIEN - Express Contract.-A certificate of acknowledgment: "On this day personally appeared Mrs. S. F., wife of E. F., known to me [proved to me on the oath of to be the person," etc., is sufficient, the penstroke through the blank showing that the words within brackets, all of which were printed, were not intended to be a part of the certificate. A clause in a contract to furnish labor and material, providing that "to secure the payment of said amount to said party of the second part, his heirs or assigns, this contract is entered into to fix the furnisher's and builder's lien," creates an express lien, which need not be recorded within the time required by statute for fixing a mechanic's lien.-PARRELL V. PALESTINE LOAN ASS'N, Tex., 30 s. W. Rep. 814. 128. MALICIOUS PROSECUTION.-A declaration in an action for malicious prosecution, which fails to state positively that the proceedings on which the action is based terminated in plaintiff's favor, is bad on demurrer.-COLLINS V. CAMPBELL, R. I., 31 Atl. Rep. 832. 129. MALICIOUS PROSECUTION-Probable Cause. - The waiver of a preliminary examination by a person charged with crime is prima facie evidence of probable cause.-BRADY V. STILTNER, W. Va., 21 S. E. Rep. 729. 130. MANDAMUS - Motion for New Trial - Death of Judge.-Where, pending an application to the Supreme Court for mandamus to compel a circuit judge to hear a motion, the judge resigns his office, the Supreme Court will take judicial notice of that fact, and refuse the writ.-PEOPLE V. MCCONNELL, III., 40 N. E. Rep. 608. 131. MANDAMUS-Title to Office. - Writ of mandamus is not the proper remedy to be issued upon the application of one claiming title to an office, where there are conflicting affidavits as to the essential facts, and there is a serious question raised as to relator's title to the office.-PEOPLE V. BRUSH, N. Y., 40 N. E. Rep. 502. 132. MANDAMUS-To City Officers. -A writ of mandamus will not issue to interfere with the performance of a duty dependent upon the judgment or discretion of the person to whom the performance of the duty is assigned.-STATE V. LATROBE, Md., 31 Atl. Rep. 788. 133. MARITIME LIENS-State Courts. -A State court has jurisdiction to enforce a lien on a vessel in operation upon navigable waters within the State, for labor and materials furnished in construction of such vessel, and before it so engaged in navigation.-LAKE NAVIGATION CO. V. AUSTIN ELECTRICAL STPPLY CO., Тех., 30 S. W. Rep. 832. 134. MARRIED WOMAN Contracts-Consideration.Where a married woman joined in a covenant with her husband that, as a part of the consideration for the sale of a business, they "severally agree and covenant that they will not, nor will either of them," engage in a certain business, she was a principal therein, and was personally bound thereby. -KOH I-NOOR LAUNDRY Co. v. LOCKWOOD, Ind., 40 N. E. Rep. 677. 135. MARRIED WOMAN-POwer of Disposition.-Where land is deeded to one on the express trust that he hold it for a married woman as a feme sole, free from any debts of her husband, she cannot, in the absence of express power in the deed, convey it without the joinder of the trustee; at least, where it was deeded to the trustee prior to the adoption of Const. 1868, art. 10, providing that the separate property of a married woman may, with the assent of her husband, be conveyed by her as if she were unmarried, as, even if that presents the imposition of restrictions, in a deed of trust for a married woman, on her power of alienation, it does not affect a prior trust.-KIRBY V. BΟΥΕΤΤΕ, Ν. Car., 21 S. E. Rep. 697. 136. MASTER AND SERVANT Assumption of Risk.Plaintiff's decedent, a car repairer, whose duty it was to make repairs marked by the superintendent, was killed, while in the employ of defendant, by the negligence of the superintendent in failing to discover and mark defects in a car which he directed decedent to repair: Held, the defendant was liable, the danger not being one of the assumed risks of the employment.G. H. HAMMOND CO. V. MASON, Ind., 40 N. E. Rep. 642. 137. MASTER AND SERVANT-Dangerous Employment. -It is the duty of an employer to inform an inexperienced servant of dangers ordinarily incident to the service; and if he fails therein, and the employee has no opportunity to learn of them, the latter will not be held to assume risks not obvious to one of his age, experience, and judgment.-WOLSKI V. KNAPP, STOUT & Co., Wis., 63 N. W. Rep. 87. 138. MASTER AND SERVANT-Dangerous Machinery.An agent of a corporation whose duty it is to provide employees with safe machinery, and who set an employee to work upon a defective machine, knowing it to be dangerous, is responsible for injuries sustained thereby.-GREENBERG V. WHITCOMB LUMBER CO., Wis., 63 N. W. Rep. 93. 139. MASTER AND SERVANT Injury-Defective Appliances. A railroad company is not liable where a car coupler becomes suddenly out of repair, if it has exercised reasonable care in providing a safe coupler, and in inspecting and keeping it in repair.-FENDERSON V. ATLANTIC CITY R. Co., N. J., 31 Atl. Rep. 767. 140. MASTER AND SERVANT- Negligence. Plaintiff's decedent, a man 42 years of age, while in the employ of the defendant company, and working within a few feet of a high fence, was killed by the falling of a panel of such fence, which had been detached by taking up the posts, and placed by other employees of defendant in such a position that a slight wind would blow it down. It was shown that the decedent could have seen the condition of the panel of fence, and known his danger, by the exercise of ordinary care: Held, that plaintiff was not entitled to recover.-DIAMOND PLATE-GLASS CO, V. DEHORITY, Ind., 40 N. E. Rep. 681. 141. MECHANICS' LIENS. What is known as the "mechanic's lien" on real estate and buildings is the creation of statute. It was unknown at common law, but the right given by statute to enforce it in a court of equity carries with it all the rights incident to that court's principles and rules and its methods of procedure.-UNITED STATES BLOWPIPE CO. V. SPENCER, W. Va., 21 S. E. Rep. 769. 142. MECHANIC'S LIEN - Community Property. - The husband may contract for the erection of buildings on the community real estate, so as to subject it to me. chanic's liens therefor. - DOUTHITT V. MCCULSKY, Wash., 40 Pac. Rep. 186. 143. MECHANIC'S LIEN-Notice. - Under Const. art. 16, § 37, which provides that mechanics shall have a lien upon buildings for the value of the labor done or the material furnished therefor, and article 3170, Rev. St., which provides that such lien shall extend to such lot or lots upon which such houses are situated, or upon which such labor was performed, the lien exists independent of contract, and, therefore, if there ap pears enough in the notice to identify the property, it is sufficient.-MYERS V. HOUSTON, Tex., 30 S. W. Rep. 912. 144. MECHANIC'S LIEN Separate Contract. The mechanic's lien law of the State should not be so construed as to enable a material man to tack one contract to another, and procure a lien for all the material furnished under all the contracts by filing in the office of the register of deeds an itemized account of such material within four months of the date of furnishing the last item of material furnished in pursuance of the last contract. - CENTRAL LOAN & TRUST CO. V. O'SULLIVAN, Neb., 63 N. W. Rep. 5. 145. MECHANIC'S LIEN Tools Rented for Moving House.-Tools rented for use in moving a house are tools used in the erection thereof, within the meaning of Act April 5, 1889, § 1, giving a lien to one who furnishes "tools to erect any house" under contract with the owner.-BURKE V. BROWN, Tex., 30 S. W. Rep. 936. 146. MINING CLAIM - Location. A locator of a quartz mining claim, who has allowed his location to lapse and become subject to relocation, under Rev. St. U. S. § 2324, providing for the relocation of claims on which the required annual amount of work has not been done, has the right to make a new location, covering the same ground.-WARNOCK V. DE WITT, Utah, 40 Pac. Rep. 205. 147. MORTGAGE-Conflict of Law. On the 13th day of March, 1886, in Cedar county, this State, O and wife executed and delivered a mortgage conveying lands in said county to D, a resident of Iowa, to secure a loan made by the latter, a loan broker, in the usual course of business: Held, in the absence of evidence explanatory of the transaction, the presumption is that the payment of the proceeds of the loan and the delivery of the note and mortgage were contemporaneous acts, and that the note is not an Iowa contract, although it appears from its face to have been exe cuted in that State 12 days previous to the execution of the mortgage.-STARK V. OLSON, Neb., 63 N. W. Rep. 37. 148. MORTGAGE Foreclosure - Priorities. Where a mortgage of land and the crop growing thereon was not executed as a mortgage of a growing crop is required to be executed by Civil Code, § 2956, and the crop was subsequently mortgaged in good faith, in proceedings to foreclose the first mortgage the court should direct a separate sale of the crop, and the ap. plication of the proceeds thereof on the second mortgage.-SIMSON V. FERGUSON, Cal., 40 Pac. Rep. 104. 149. MORTGAGE Foreclosure - Attorney's Fees.-A provision in a mortgage stipulating for attorney's fees, other than those expressly sanctioned by statute, is void.-KITTERMASTER V. BROSSARD, Mich., 63 N. W. Rep. 75. 150. MORTGAGE - Purchase Money. - Where the owners of land incumbered by liens in excess of its value convey the land in consideration that the grantee pay the liens, and the grantee borrows from one of such lien holders money to pay all the liens but his own, and such lien holder takes a mortgage on the land from the grantee for the amount so advanced and the amount of his own lien, the mortgage is a purchasemoney mortgage, so that under Rev. St. 1894, § 2656 (Rev. St. 1881, § 2495), the rights of the mortgagee are superior to those of the wife of the mortgagor, though she does not join in the mortgage. BUTLER V. THORNBURGH, Ind., 40 N. E. Rep. 514. 151. MORTGAGE BY INSOLVENT-Preferential Assignment.-A mortgage, given by an insolvent debtor to a creditor, which is intended as security for his debt and not as a transfer of the property as a preference, is not invalid under Rev. St. 1893, § 2146, providing that an assignment by an insolvent debtor of his property, as a preference to any other creditor than the public, shall be void.-PORTER V. STRICKER, S. Car., 21 S. E. Rep. 635. 152. MORTGAGE FORECLOSURE Validity of Sale.-A purchaser at a mortgage foreclosure sale will not be relieved from completing his purchase on account of defective title, or on the ground of there being prior incumbrances on the property, when the true condition of the title is fully set out in the pleadings and the record of the proceedings under which the sale was made, as he is chargeable with notice of such material facts as the record discloses.-HoOPER V. CASLETTER, Neb., 63 N. W. Rep. 135. 153. MUNICIPAL BONDS - Provisions for Interest.-A city ordinance, in pursuance of which bonds are issued, providing for the payment of the interest and principal of the bonds, is a part of the contract between the city and the holder of the bonds.-BASSET V. CITY OF EL PASO, Tex., 30 S. W. Rep. 893. 154. MUNICIPAL CORPORATIONS-Changing Boundaries. What the boundaries of a municipal corporation are, where they are, and whether a particular piece of territory lies within or without the corporate limits of a municipality are all matters for judicial determination; but the power to create municipal corporations and the power to enlarge or restrict their boundaries are legislative ones.-CITY OF HASTINGS V. HANSEN, Neb., 63 N. W. Rep. 34. 155. MUNICIPAL CORPORATION - Change of Street Grade. A city which has changed the grade of a street is liable to the owners of property damaged by such change.-CITY OF JOLIET V. BLOWER, III., 40 N. E. Rep. 619. 156. MUNICIPAL CORPORATION Constitutional LawAnnexation. It is not a valid objection to the statute, or to annexation under it, that a municipal corpora tion may be so annexed without the consent of its constituted authorities or of its inhabitants, nor that the taxable property within such municipality will become subject to taxation for the payment of previously incurred indebtedness of the city to which the annexation shall be made.-STATE V. CITY OF CINCINNATI, Ohio, 40 N. E. Rep. 508. 157. MUNICIPAL CORPORATION Defective Sidewalks. -A person walking at night on a city sidewalk is only required to use ordinary care to avoid defects in the sidewalk, and is not required to remember the location of defects he may have seen during the day, and to use more than ordinary care to avoid injury therefrom.-RUSSELL V. TOWN OF MONROE, N. Car., 21 S. E. Rep. 550. 158. MUNICIPAL CORPORATION - Defective Street.-A municipal corporation is not an insurer against accidents upon streets and sidewalks. Nor is every defect therein, though it may cause the injury sued for, actionable. It is sufficient if the streets are in a reasonably safe condition for travel in the ordinary modes, with ordinary care, by day or night; and whether so or no is a practical question to be determined in each case by its particular circumstances.-YEAGER V. CITY OF BLUEFIELD, W. Va., 21 S. E. Rep. 752. 159. MUNICIPAL CORPORATION - Defective Street Contributory Negligence. In an action for injuries received by reason of the dangerous condition of a street, the facts set forth in the special verdict must show that the negligence of defendant was the proximate cause of the accident and that there was no contributory negligence on the part of plaintiff.-CITY OF ELWOOD V. CARPENTER, Ind., 40 N. E. Rep. 548. 160. MUNICIPAL CORPORATION-Driving on Sidewalks. -Act March 3, 1859, entitled "An act for the protection of sidewalks in towns and villages," which declares it unlawful to drive on a sidewalk of any town or village, amended by Act March 9, 1867, entitled "An act to amend Act March 3, 1859, so as to protect sidewalks outside of towns and villages," which declares it unlawful to drive on any sidewalk by the side of any public highway, applies to sidewalks of a city street; the term "town" being generic, and inclusive of cities, and "highways" being inclusive of streets, and the only effect of the amendment is to extend the act to rural roads.-CITY OF INDIANAPOLIS V. HIGGINS, Ind., 40 Ν. E. Rep. 671. 161. MUNICIPAL CORPORATION-Ordinance.-An ordinance prohibited the sale of fresh meats without license within certain limits. A butcher doing business outside of these limits, in response to an order for fresh meats, delivered them, for a price agreed on, to the purchaser within the limits: Held, a sale in violation of the ordinance.-STATE V. WERNWAG, N. Car., 21 S. E. Rep. 683. 162. MUNICIPAL CORPORATION-Public Improvement -Waterworks.-Waterworks designed for the benefit of all the inhabitants of the municipality are not a "local improvement," within the meaning of Rev. St. 1893, ch. 24, art. 9, § 1, authorizing special assessments for local improvements.-VILLAGE OF MORGAN PARKS V. WISWALL, Ill., 40 N. E. Rep. 611. 163. MUNICIPAL CORPORATION-Revocable License.Permission granted by a municipality to private parties to construct drains on highways amounts only to a revocable license. -EDDY V. GRANGER, R. I., 31 Atl. Rep. 831. 164. MUNICIPAL CORPORATION-Riparian Rights-Construction of Pier.-Permission by the city to a riparian lot owner to construct a pier may be revoked at any time before the pier is constructed.-CLASSEN V. CHESAPEAKE GUANO CO. OF BALTIMORE CITY, Md., 31 Atl. Rep. 808. 165. MUNICIPAL CORPORATION-Special AssessmentCollateral Attack.-Where the record of special assesment proceedings shows that notices were duly sent to property owners, the sending of such notices cannot be collaterally called in question.-WEST CHICAGO ST. R. CO. V. PEOPLE, III., 40 N. E. Rep. 605. 166. MUNICIPAL CORPORATION-Special AssessmentsConfirmation. - Where separate objections to confirmation of a special assessment are filed by the owners of different lots, it is proper to enter separate judgments of confirmation.-ZEIGLER V. PEOPLE, III, 40 N. E. Rep. 607. 167. MUTUAL BENEFIT INSURANCE-Proceeds of Policy. -Where the constitution and by-laws of a mutual benefit association show that its object is to provide a fund for the benefit of families of deceased members, and the widow and heirs are recognized by provisions therein as the beneficiary class, and no provision is made therein for the assignment of policies, the widow and minor child of a deceased member are entitled to the proceeds of a policy providing that all payments due heirs of the insured under the policy "are payable to his mother or his lawful heirs," although the policy was delivered to his mother, and she has paid all the assessments thereon.-HANNA V. HANNA, Tex., 30 S. W. Rep. 820. 168. MUTUAL BENEFIT SOCIETY-Forfeiture - Reinstatement.- Where a policy in a mutual life insurance company has been forfeited by failure to pay the premiums upon the day fixed, and the holder has the right, upon certain terms, which he is able and willing to fulfill, to be relieved from his default, his remedy against the company is not by mandamus, but in a court of equity, for relief in the nature of specific performance. BRADBURY V. MUTUAL RESERVE FUND LIFE ASSN., N. J., 31 Atl. Rep. 775. 169. NEGLIGENCE-Electric Light Company.-Plaintiff was a dishwasher in a restaurant, the wires to light which ran about sixty feet over the roof of the building at an average height of two feet. Plaintiff had seen the employees of defendant electric company placing the wires, and had been upon the roof in the daytime when the wires were in position. The night of the accident was stormy, and plaintiff, with his employer, went upon the roof, to secure the business signs of the latter. Plaintiff, not knowing or forgetting the location of the wires, came in contact with them: Held, that defendant was negligent in not raising the wires so high above the roof that those having occasion to go there would not come in contact with them.-GIRAUDI V. ELECTRIC IMP. CO. OF SAN JOSE, Cal., 40 Pac. Rep. 108. 170. NEGOTIABLE INSTRUMENT. - Where one invests the payee of a note with the apparent title to it, and a trust deed securing it, an indorsee of the note and deed will take them unaffected by any private agreement between the payee and maker.-TRAVELERS' INS. CO. V. REDFIELD, Colo., 40 Pac. Rep. 195. 171. NEGOTIABLE INSTRUMENT Escrow.-Defendant executed two notes to plaintiff, in payment for certain shares of stock, and the notes and stock were deposited with a third person, under a written agreement whereby the notes were not to be delivered to payee until matured, nor stock delivered to purchaser until paid for: Held, such deposit of the notes was not a delivery in escrow.-GLENN V. HILL, Wash., 40 Pac. Rep. 141. 172. NEGOTIABLE INSTRUMENT - Indorsement. - An agreement in the following form: "For value re ceived, we hereby guaranty payment of the within note at maturity, or any time thereafter waiving protest and notice of non-payment," held, not a mere guaranty, but an indorsement with an enlarged liability.-POLLARD V. HUFF, Neb., 63 N. W. Rep. 58. 173. NEGOTIABLE INSTRUMENT Indorsement. Where a negotiable note, indorsed by several, parties, residing at different places, is made payable at a bank in the city of H, and before maturity it is discounted by a bank in the town of C, and by the last named bank it is indorsed to a bank in the city of H for col lection, and one of the indorsers resides in said city of H when said note matures and is presented for payment, and payment is refused, and the note is duly protested, the bank to which said note was indorsed for collection is only bound to give notice to the bank |