QUO WARRANTO,

jurisdiction of Supreme Court, 81.

limits of, and proper parties, 84.

REASONABLE DOUBTS. See CRIMINAL LAW.

RECORD. See APPEAL FROM PROBATE COURT.

how should show appearance of defendants, 435.
all papers properly filed in Chancery case, part of, 477.
R.

REMITTITUR. See VERDICT.

REPLEVIN,

evidence of title; possession presumed lawful, 413.
landlord's lien will not support, for the crop, 413.

RESCISSION,

of purchase what necessary, 335.

offer to return property, equivalent to return, 335.
of contract, failure of consideration, 351.

RES JUDICATA,

consent order in the Probate Court, 457.

S.

SABBATH BREAKING. See INDICTMENT.

SALE. See ADMINISTRATION; ATTACHMENT.

by administrator, void unless confirmed, 78.

on execution running over 60 days, only voidable, 571.
on voidable execution to bona fide purchaser, good, 571.
on execution when property not advertised, 571.

mutuality; husband's contract to convey wife's lands, 31.
where vendor has no title at time of contract, 60.

when vendee may have for part and compensation for residue, 398.
when equity will not take jurisdiction for damages, 398.
compensation for deficiency, how measured, 398.

STATUTE,

rule of construction, 205.

criminal, strictly construed; pistol act of 1875, 519.
mayors of towns not bound to execute the act, 519.
pistol act of April 1, 1881, constitutional, 564.

Section 1659, Gantt's Digest, constitutional, 568.

STATUTE OF LIMITATIONS,

is a Statute of title and will support ejectment, 182.

possession under deed, of part, confers title to whole tract, 182.
when it commences on actions accruing to an estate, 243.

to an action on Justice's judgment is ten years, 469.

none against Probate Court allowances, 471.

as to holders of property of an estate, 471.

how avoided in criminal prosecutions, 524.

adverse possession; presumption of continuance, 182.

abandonment or interruption of, must be proved, 182:

STOPPAGE IN TRANSITU,

between whom the right exists, 614.

SUBROGATION,

purchaser of encumbered property paying the encumbrance, 385.
when purchaser, at vacated trust sale, may have, 584.

SUMMONS,

defect in, or in service, waived by auswer, 102.

SUNDAY CONTRACT,

void; and action maintainable on original debt, 661.

SUPREME COURT. See BILL OF EXCEPTIONS; JURISDICTION; QUO WARRANTO.
will not notice book of accounts sent up with transcript, 150.

finding of Circuit Court, conclusive in, as verdict of jury, 139.

will not notice instructions not in bill of exceptions, 228.

nor exceptions not in motion for new trial, 246.

where no bill of exceptions, will presume the judgment right, 456.

oral testimony in Chancery must appear, or decree presumed right, 477-

SURETIES. See CLERK CIRCUIT COURT.

T.

TAX,

on criminal convictions, constitutional, 514.

TENDER. See PLEADING.

TITLE. See STATUTE OF LIMITATIONS.

want of, when good defense to purchase note, 128.

to land, how to be proved, 181.

decree divesting, who bound by, 182.

TOWNS,

mayors of, not bound to execute pistol act of 1875, 519.

TRANSCRIPT. See APPEAL FROM PROBATE COURT.

TRANSFER OF CAUSE,

when equitable defense to penal bond, 557.

TRUSTEE. See DIRECTOR.

TRUST SALE,

setting aside; return of purchase money, 584.

V.

VENDOR AND VENDEE. See PRACTICE; SPECIFIC PERFORMANCE.
when action accrues to, on defendant's contract, 128.

tender of deed, necessary at law, not in Chancery, 128.

when want of title good defense to action on purchase note, 128.
eviction not necessary when sale void and no deed made, 128.
possession under void sale, no consideration for purchase note, 123.
vendee in possession, cannot dispute title, 200.

VENUE,

change of; when transfer of jurisdiction is complete, 221.

VERDICT. See CIRCUIT COURT; COURT OF COMMON PLEAS.
excessive, cured by remittitur, 139.

finding of court as conclusive as, 139.

W.

WARRANTY,

is a contract, express or presumed, from circumstances, 338.
warranty and fraudulent representation distinguished, 324.
neither binds the maker as to patent defects, 324.

puffing, false representations in circulars, 351.

WIDOW,

WILL,

her allowance in husband's estate, how estimated, 243.
when her rights in his estate vest, incidents of, 243.

construction of; limitations over, when not too remote, 347.
ademption by gifts in life of testator, to what confined, 435.

ERRATA.

On page 102, second line, first paragraph of Syllabus, read "evidence" for ◄ service."

On page 181, in first line from bottom, read "chain" for "claim."

On page 210, in thirteenth line from bottom, read “appealed” for “approved.”

On page 457, last line of Syllabus, read "the Circuit" for "this."

On page 522, last line, first paragraph of Syllabus, read “bar” for “bear."

On page 557, first line of Syllabus, read "relieve" for "retrieve."

On page 592, volume 37, second paragraph of Syllabus, read “part of” after the word "remit."

If the reader will at once turn to the proper places, and with pen or penci make the proper corrections, it may save him confusion afterwards,

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