PRINCIPAL AND AGENT. The convey- ancer intrusted with an executed mortgage is the agent of the borrower, and in case the money is em- bezzled the loss falls on the borrower. (C. P.) Mor- ris v. Barnard, 79.
Liability of principal for tort of agent. See MASTER AND SERVANT. Hemingway v. McCulloch, 328.
PRINCIPAL AND SURETY. See SURETY. PROOFS OF LOSS. See INSURANCE. Lebanon Ins. Co. v. Kepler, 97.
PROTEST, waiver of. See BILLS AND NOTES. Annville Bank, v. Kettering, 65.
REWARD, for capture of horse-thief. See CRIMES. Butler Co. v. Leibold, 464.
ROADS, HIGHWAYS, AND BRIDGES. An owner of land, through whose property a public highway runs, has an absolute right to use a portion of such highway for certain purposes, for a temporary purpose and a reasonable manner, and this right may be exercised in derogation of the rights of the travel- ling public. Piollet v. Simmers, 241.
The mere exercise of his right of obstruction for a lawful purpose, imposes no liability to pay for damages resulting therefrom. It must be an unreasonable or negligent exercise of the right to impose liability. Ib. A property-owner who has a lawful right to expose an object on or along a public highway, within view
PROVINCE OF COURT AND JURY. See of pa-sing horses, for a temporary purpose, is bound PRACTICE.
PROXIMATE CAUSE. See NEGLIGENCE. PUNITIVE DAMAGES. See DAMAGES
The coupon bonds of a railroad are negotiable instruments. Mason v. Frick, 369. Action against by one about to cross the track. See NEGLIGENCE. Penna. R. R. Co. v. Garvey, 498.
Action against by traveller whose horse was fright- ened by the débris of a wreck. See NEGLIGENCE. Pitts- burgh, etc., R. W. Co. v. Taylor, 37.
Assessment of land damages. See DAMAGES. Don- aldson v. R. R. Co., 312. Getz v. R. R. Co., 357. RATIFICATION, by married woman, what will operate as. See HUSBAND AND WIFE. Grim's Appeal,
RECEIPT, when not conclusive. See MORTGAGE, Porter v. Megargel, 388.
RECEIVER. See PARTNERSHIP.
only to take care that it shall not frighten ordinarily well-trained horses. He is not bound to guard against frightening skittish or vicious horses.
Action against railroad company for leaving débris of wreck in neighborhood of highway, whereby horses are frightened. Pittsburgh, etc., R. W. Co. v. Taylor, 37. Right of land-owner to construct causeway from his land to a turnpike. Chestnut Hill T. P. Co. v. Pi- per, 55.
Right of supervisors to enter on private property abutting on road, and to take gravel, etc., for repairs to road, without first paying or securing compensation for such taking, injury, or destruction. (C. P.) Mar- shall v. Township of Towamensing, 235.
A town council cannot by a mere resolution take land to widen a street. If they attempt to do so, they are liable in trespass. Gilmore v. Connellsville,
A jury appointed by the Quarter Sessions to report RECORDER OF DEEDS. The Acts of March on opening streets on City Plan, must, in pursuance 27, 1865, and March 18, 1875, prescribing the duties of of the Act, endeavor to procure releases from property- recorders of deeds, as to keeping indexes, are not re-owners, or assess damages incident to opening, if they trospective. Stockwell v. McHenry, 323. report in favor of such opening. (Q. S.) In re Pearl Street, 205.
RECORDING ACTS, effect of recording. See NOTICE. Pegg v. Rist, 70.. Stockwell v. McHenry, 323.
REFUNDING BOND, necessity of. See DECE- DENTS' ESTATES. (O. C.) Brolasky's Estate, 31. REGISTRATION, of corporate certificate. See CORPORATION. Stockwell v. McHenry, 323.
REMAINDER. In order to create a vested re- mainder, not only must the precedent estate be limited upon an event that must certainly happen, and the person or persons to whom the remainder is limited, be in esse, but such person or persons must be ascer- tained. Mergenthaler's Appeal, 441.
RENT. See LANDLORD AND TENANT. REPEAL, of statutes by implication not favored. See STATUTES. Sifred v. Commonwealth, 373. Of statutes by non-user. See STATUTES. Homer v. Commonwealth, 337.
REPLEVIN. A right of immediate possession will support. Midvale Steel Works v. Hallgarten, 47. Where the defendant's claim property bond proves worthless, the plaintiff may issue a ca. sa. (C. P.) List v. Firth, 548.
If, in proceedings to lay out a road, the report of viewers does not mention improvements along the line of the proposed road, the presumption is there are none. But if this presumption is repelled by other facts which do appear, such as the assessment of dam- ages, the report must mention the improvements, and this constitutes sufficient cause to set aside on certio- rari, an order of Court approving and confirming the same. In re Road in Bellevernon, 232.
The sufficiency of a petition for the appointment of viewers, and of the report of the viewers, is in partic- ulars not required by statute a matter of discretion with the Quarter Sessions, but the better practie is to require that they set forth all material facts with rea- sonable clearness. Ib.
Municipal claims for street assessments. NICIPAL CLAIMS.
Duty of municipal corporations to keep highway free from dangers and in good repair. See MUNICIPAL CORPORATIONS.
RULES OF COURT. Power of Courts to sus- pend its own rules. See PRACTICE. McBeth v. New-
REPUBLICATION, of will by codicil. See lin, 129. WILL. Carl's Appeal, 305.
RES ADJUDICATA. Proceedings in Orphans' Court upon a claim against a decedent's estate. (C. P.) Haviland v. Fidelity Co., 141.
Rule of Supreme Court transferring certain counties to the Eastern District, 353.
Change of Return day for Erie County, 414. Construction of Rule 85, as to advertisements in
RESCISSION, of contract for fraud. See SALE. divorce, 174. Nelson v. Martiu, 448.
RESERVED POINT. Sufficiency of. PRACTICE. Smith v. Arsenal Bank, 326.
RESULTING TRUSTS. See TRUSTS.
RULE IN SHELLEY'S CASE. See WILL. Car- See roll v. Burns, 553.
RULE IN TWYNE'S CASE. See DEBTOR AND CREDITOR.
law, or by a clause of such subsequent law so posi- tively repugnant to its provisious that the two cannot stand together or be consistently reconciled. Homer v. Commonwealth, 337.
SALARY. Right of a de jure magistrate, seated | STATUTES—Continued. after a protracted election contest, to salary pending the same. (C. P.) Rink v. Philadelphia, 345. SALE. Although a sale by sample does not con- stitute a warranty in Pennsylvania, a stipulation that future deliveries will equal the sample, is enforceable, and it is immaterial to determine whether such stip- ulation is a warranty or condition. West Republic Mining Co. v. Jones, 491.
A contract to deliver ore of a certain weight, and of a certain price per ton, but where no time is fixed for the completion of the contract, nor any amount as a monthly delivery, and where payment is made before any delivery, is an entire contract. Ib.
Sale of horse, what sufficient evidence of fraud to justify rescission. Nelson v. Martin, 448.
SALVAGE. See SHIPPING. SATISFACTION, of mortgage erroneously made, effect of. See MORTGAGE. Brown v. Henry, 385. SHELLEY'S CASE, Rule in. See WILL. Carroll v. Burns, 553.
SHERIFF, liability of, for goods wrongfully taken in execution, when the claimant fails to perfect the interpleader. (C. P.) Haubert v. Larzelere, 190.
Fees of sheriff in Lackawanna County. See FEES. Lackawanna Co. v. Stevens, 86.
SHERIFF'S SALE. See EXECUTION. SHIPS AND SHIPPING. Collision. Failure to exhibit lighted torch upon approach of steam ves- Negligence of lookout, when inferred from failure to discern approaching vessel. (U. S. D. C.) The Algiers, 143.
Measure of compensation for salvage service in tow- ing vessel from a burning dock. (U. S. D. C.) The Indiana, 535.
Where a tow boat while towing a ship from one port to another by a slight deviation, rescues an aban- doned vessel, and tows it astern to port, the tow boat is alone entitled to salvage. (U. S C. C.) The Ephraim and Anna, 15.
A deviation for the purpose of rescuing a vessel may affect the insurance of the tow, and force a breach of the contract of towage; but that does not entitle the tow to compensation in the nature of salvage. Ib. SLANDER. Words not actionable-" You have robbed me. If you have not robbed me directly, you have robbed me indirectly." (C. P.) Hughes v. Bateman, 239.
Words impeaching a woman's chastity are not per se sufficient justify a holding to special bail. (C. P.) Havercamp r. Sheldon, 501.
SPECIAL LEGISLATION. TIONAL LAW.
SPIRITUALISM. See CRIMES. Commonwealth v. Keeper, 282.
STATUTES. The repeal of statutes by implication is not favored. To effect such repeal, there must be such an irreconcilable inconsistency between the pro- visions of the two statutes, that they cannot stand together, or they must be so manifestly and totally repugnant as to lead necessarily to the conclusion that the Legislature intended that the later statute should repeal the former. Sifred v. Commonwealth, 373.
The Act of April 12, 1875, which prohibits the sale of liquor upon Sunday and provides a penalty by fine, does not repeal by implication the prior Act of February 26, 1855, which prohibits the sale of liquor on Sunday, and provides a penalty by fine and im- prisonment. Ib.
Statutes which are general in their scope relating to the raising of revenue by imposing duties or taxes on vendors of merchandise do not supersede or repeal any special Act or local statute regulating or prohibit- ing the sale of certain articles, whether such latter Acts be prior or subsequent to the general tax law. Ib. STOCK, of corporation, when assessable. See CORPORATION. Price's Appeal, 182. STREETS. See ROADS.
SUBROGATION. Where one of two joint debtors pays under execution a judgment entered against them, taking an assignment of record, he is entitled to be subrogated to the creditors' rights against the estate of his co-obligor to the extent to which he has paid his co-obligor's proportion of the debt. Ackerman's Appeal, 294.
Where a judgment is obtained on a joint and several note against three defendants, and bail for stay of execution is entered, and after the expiration of the stay, two of the defendants pay the judgment under execution, and take an assignment of it, the allegation that they were merely sureties will not entitle them to recover the amount of the judgment from the bail for stay. Wolff v. Stover, 390.
SUNDAY. Rights of travellers to safe highway are the same on Sunday as other days. Piollet v. Simmers, 241.
Violation of law relating to worldly employments. See CRIMES. Commonwealth v. Bosch, 316. SUPERVISORS. See TOWNSHIP.
SURETY. An undertaking that another's debt shall be paid when due is a contract of suretyship and not of guaranty. McBeth v. Newlin, 129.
In such case the surety is liable without proof of the insolvency of the principal debtor. Ib.
The difference between the contract of suretyship and guaranty is radical. But the language used to constitute a party the one or the other has not been clearly defined. The Court will look at the substance of the agreement rather than the form of words used. Riddle v. Thompson, 155.
A. and B. assigned a judgment to C. and "guaran- teed" its payment within one year, held that the assignors were sureties and not guarantors, and hence the assignee having extended the time of payment without the consent of the assignors, the sureties were discharged. Ib.
Rights of surety to subrogation. See SUBROGATION. Wolff v. Stover, 390.
Rights of surety in Orphans' Court to compel trus- tee to file an account and enter & new bond. Schnurman's Appeal, 280. Surety for tenant, what a good defence in an action. (C. P.) Traeger v. Hartnett, 300.
TAXES AND TAXATION. Statutes which are general in their scope relating to the raising of revenue by imposing duties or taxes ou vendors of merchandise, do not supersede or repeal any special acts regulating or prohibiting the sale of certain articles, whether such Acts be prior or subsequent to the general tax law. Homer v. Commonwealth, 337.
Works of art are not taxable as "household furui- ture." (C. P.) Appeal of Henry C. Lea, 61.
The State tax of three mills is not chargeable on An Act of Assembly cannot be repealed by non user, Reading city bonds purchased for the sinking fund. but only by such express provision of a subsequent | (C. P.) Commonwealth v. Reading, 529.
TAXES AND TAXATION-Continued.
Foreign corporations, of like nature to transportation companies, whose lines extend into and through many States, and whose facilities for doing business in one State increase the same in another, where the relative values of the tangible property representing capital within and without the State, cannot be accurately ascertained, are to be taxed in the proportion which the length of the whole line bears to the length of that within the State. (C. P.) Commonwealth v. Western Union Telegraph Co., 331.
Taxation of surplus profits distributed as a stock dividend. Ib.
Mandamus. to compel levy of tax. See MANDAMUS, Commonwealth v. Hyde Park, 506.
Title of municipal ordinance for levying a tax. When sufficient. See CONSTITUTIONAL LAW. (C. P.) Hadtner ". Williamsport, 138.
Payment of taxes. How far evidence of a settlement. See POOR LAW. Scranton Poor District v. Directors, 183. Tax sales. Sale of land as unseated. See EJECT- Stoetzel v. Jackson, 260. TELEGRAPH COMPANY, taxation of. See TAXES AND TAXATION. (C. P.) Commonwealth v. Western Union Telegraph Company, 331. TENANTS IN COMMON. Right of one to re- cover from another for use and occupation. (C. P.) Norris v. Gould, 187.
TERRE-TENANT, service of writ on. See BJECTMENT. (C. P. Nevins v. Manufacturing Co., 344. TESTAMENTARY CAPACITY. See WILL. TITLE. Effect of recording certificate of incorpo-
ration, as to lands described therein. Stockwell v. McHenry, 323.
TRUSTS AND TRUSTEES—Continued.
An administrator d. b. n. c. t. a. will not be sur- charged on an investment made in good faith by the executor. (O. C.) Bentley's Estate 160.
Where a mortgage has been foreclosed, and the property purchased by the estate, no loss to the estate has been ascertained. Ib.
Purchase by a trustee at his own sale will be scanned with great care, but if all the parties bene- ficially interested ratify and approve the transaction, it will be sustained. Grim's Appeal, 273. WILLS.
See DECEDENT'S ESTATES. ORPHANS' COURT. TURNPIKE. Right to construct causeway upon. See ROADS. Chestnut Hill and Spring House T. P. Co. v. Piner, 55
TWYNE'S CASE. Rule in. See DEBTOR AND CREDITOR.
A covenant to convey land in fee simple, subject to TOWNSHIP. Contract of township supervisor the reserved right in the grantor to all the coal under- for hire of a plow to be used in working on road. lying the same, does not bind the covenantee to accept When ultra vires. Somerset Township v. Parson, 298. a deed when the property is subject to certain ease- TRESPASS. Liability of sheriff for selling chat-ments and incumbrances not mentioned in the agree- tels when claimant fails to perfect an interpleader. (C. P.) Haubert v. Larzelere, 190. While the she iff is protected by the Interpleader Act, the plaintiff in the execution proceeds at his peril. Ib.
Liability of borough officials for appropriating gravel from adjacent land for the repair of a road. Gilmore v. Connellsville, 342.
Effect of entry of trespasser on unseated lands. See EJECTMENT. Stoetzel v. Jackson, 260.
TROVER. Liability of bailee for a horse injured while in his possession, the original journey not being pursued. (C. P.) Brown v. Baker, 60. TRUSTS AND TRUSTEES. Where property is devised in "trust and confidence" that the devisee will faithfully carry out and perform certain wishes and verbal instructions given to the executor. the trust will be sustained. (O. C.) Franken's Estate, 455.
Construction and enforcement of a parol trust created by a mother on her death-bed, in which she requested her son to set aside certain moneys for cer- tain relatives, which the son agreed to do. Brooke's Appeal, 537.
Resulting trust, when not presumed as between husband and wife. See HUSBAND AND WIFE. Earnest's Appeal. 19.
ment, although the deed by the grantor to a third
party creating the easement and incumbrances was on
record at the time the covenant was entered into.
VOLUNTARY PAYMENTS, when not re- coverable. See ASSUMPSIT. Union National Bank v. Dersham, 541.
WAGES. Suit for by servant against master. See MASTER AND SERVANT. (C. P.) Root v. Clay Te e- phone Co. 547.
Preference in distribution of assigned estate. See DEBTOR AND CREDITOR. Wo f's Appeal, 162.
In distribution of proceeds of execution. See EXE- CUTION. White's Appeal, 313. WAIVER, of protest. See BILLS AND NOTES. Annville National Bank v. Kettering, 65. WARRANT OF ARREST. See ACTION. WASTE, injunction to stay. When not granted. See EQUITY. Leininger's Appeal, 81.
WATERS AND WATER-COURSES. Con- struction of grant of right to dam a water-course and flood the adjacent land. Gehman v. Erdman, 278. Injunction, to prevent obstruction of. See EQUITY. Bitting's Appeal, 45.
WATER-PIPE. Right of householder on pri- vate street to connect with. See MUNICIPAL CORPORA-
Jurisdiction in equity to compel a trustee to account. TION. Boswell v. Philadelphia, 169. See EQUITY. Bierbower v. Laird, 446.
Under what circumstances the owner of a contin- gent interest is entitled to a citation against a trustee in the Orphans' Court. (O. C.) Dugan's Estate, 550. Right of surety to compel trustee to file an account. See SURETY. Schnurman's Appeal, 280.
WILL. An employé of a charitable institution to which property has been bequeathed is a "disinterested witness" to the will within the meaning of the Act of April 26, 1855. Combs and Hankinson's Appeal, 247.
A credible witness within the meaning of the Act is one who is not disqualified from testifying. Ib.
When a testatrix, who is unable either to read or write, executes a will in favor of a charitable institu- tion by setting her mark thereto it is unnecessary that the will be read to her in the presence of the subscribing witnesses. Other persons may testify that the testatrix knew the contents of the instru- ment. Ib.
The executrix of such a will is competent to testify that the will was drawn by testatrix's direction and was read to her before she affixed her mark. Ib. When the jurat to the Register's certificate of the probate of a will states that the witnesses were sworn, it is immaterial that the word oaths or affirmations is omitted in the body of the certificate. Ib.
An extraneous unsigned writing may, by force of a clearly expresed intention in the body of a will, con- stitute part of the will itself. The reference in the will must be complete and unambiguous-it cannot be aided by extrinsic proof, but the identification of the writing referred to may be by extrinsic parol evidence. David S. Baker's Appeal, 473.
In whatever order of pages or sheets a will may be written, it is to be read according to the obvious inhe- rent sense and adaptation of parts. Ib.
A will signed at the end of the obviously inherent sense, though not at the end in point of space, is signed at the end thereof" within the meaning of the Wills Act of 1833. Ib.
An instrument in order to be a testamentary writ- ing must be ambulatory or revocable in its nature; if upon its delivery interests vest, it cannot be con- strued as a will. Book v. Book, 150.
A codicil executed within one calendar month of a testator's death does not so far republish or draw down to its own date a will executed prior to that period as to render a charitable bequest contained in the will void under the Act of April 26, 1855. Carl's Appeal, 305.
When a revocation of a prior deed of trust. Appeal, 295.
An issue dev. vel non will not be granted, if, upon the whole evidence, a verdict against the will would not be permitted to stand. Combs and Hankinson's Appeal, 247.
A clause in a will "that if it is necessary my exec- utors shall have five years' time to settle up my estate" will not enable sons, who are executors, and amply able to pay obligations owed to the estate by them to postpone payment of their debts, and a settle- ment of the estate for five years. Riegel's Appeal, 56. A testator provided, "I give to my sons, Isaac and James, $1000 each, the interest to be paid them annu- ally by my executor, who is to be their trustee in this bequest." One of the sons afterward died, held, that the intent of the testator was to bequeath vested in- terests, and that therefore the amount of the legacy to the deceased son should be awarded to the admin- istratrix, and not to the residuary legatees. Sproul's Appeal, 168.
Upon a bequest over upon the death of a daughter to her heirs and next of kin, her husband takes nothing. Ivins's Appeal, 165.
In a devise of real estate to children in trust for their children, the share of any child dying without children to go to surviving heirs, the grandchildren take per stirpes, and those for whom the trust has determined are entitled to partition. (O. C.) Mal- seed's Estate, 368.
A devise and bequest "to my wife of all my estate composed of stocks and bonds, etc., real and personal estate to enjoy during her natural life," and that “all the real estate, stocks, and bonds, etc., remaining" after her death be sold to certain persons, held, that the word "remaining" by its context authorized the widow to dispose of so much of the personalty as she in her discretion should require. (O. C.) Jacoby's Estate, 382.
The reasonable construction of the words "child or children" in a will limits them to those in being, or likely to be born of an existing marriage. (O. C.) Sharpe's Estate, 419.
Where the term "male issue" is used in a devise as descriptio personarum, and is restricted to such as shall be living at a specified time, it is a word of purchase, and embraces all male lineal descendants, of whatever generation in being at the time specified, unless a con- trary intention clearly appears from the context. Wistar v. Scott, 461.
Legacies, whether vested or contingent. Serrill's Estate, 470.
The failure of testatrix to carry out intention to execute a further codicil and consequent validity of revoking codicil not an issue to be considered by the A mistake by the testator in naming the object of Court under an appeal from the register's decision his bounty will be corrected by the Court when a de- admitting codicil to probate, a caveat having been scription is also given in the will, and the context fur- previously filed thereto on the ground of undue in-nishes the means of making it, there being no more fluence. (O. C.) Marshall's Estate, 440.
The fact that a friend and confidential adviser who procured the execution of the alleged writing is to some extent benefited thereby, will not free the con- testants from the burden of proof of fraud or imposi- tion. (O. C.) Marshall's Estate, 284.
Construction of Wills. Technical words, or words of a definite meaning in a will, must be con- strued according to their legal effect, unless from some other inconsistent words in the will, it be clear that the testator intended to use them in some other defi- nite sense. Carroll v. Burns, 553.
The rule is unquestioned that prima facie in a will, the word "issue" means "heirs of the body," and will be construed as a word of limitation unless there be explanatory words showing it was used in a re- stricted sense. Ib.
A clause to the issue of my said three daughters and the heirs and assigns of such issue, is the equiva- lent for "issue and their heirs and assigns." Ib. Construction of will as to abatement of legacies. (0. C.) Waln's Estate, 301.
presumption in favor of the name than of the descrip- tion. (O. C.) Packer's Estate, 486.
Where the language of a will is entirely clear and unambiguous, a doubt suggested by extrinsic evidence of the testator's circumstances at the time he wrote the will cannot be permitted to affect the construction of the will. Sponsler's Appeal, 321.
A legacy of "fifteen shares of second preferred C. V. R. R. stock" is a general legacy. The fact that at the date of the will and subsequently to the time of his death the testator owned fifteen shares of the stock does not render it specific. Ib.
Other Matters. Where a testator after providing for certain annuities leaves the residue of his estate to his widow during her life she is entitled to interest which has accrued upon a debt due the estate between the date of testator's death, and its collection. Grim's Appeal, 273.
Devise of property "in trust and confidence" that the devisee will faithfully carry out certain verbal in- structions of the testator creates a trust which will be sustained. (0. C.) Franken's Estate, 455.
What words will work an equitable conversion. Townsend and Hartshorne's Appeal, 443.
Liability of devisee for interest on incumbrances. Dreer v. Penna. Co. 527.
A lapsed share of the residue goes to the next of kin if it consists of personalty, and to the heir, if of realty. (C. P.) Everman v. Everman, 417. Interest on advancements, when payable. See INTEREST. Grim's Appeal, 273.
Interest on legacies. Townsend and Hartshorne's Appeal, 443.
When a good exercise of a power of appointment. Rawle's Appeal, 152.
A testamentary power of sale includes a power to mortgage, and survives to an administrator d. b n. c. t. a. Fidelity Co. v. Wurfflein, 28.
Will construed as not limiting the survival of power to sell by surviving executors. Lippincott v. Phila- delphia Trust Co., 69.
Liability of executor continuing business under power in will. See DECEDENTS' ESTATES. Cline's Ap- peal, 104.
WITNESSES. See EVIDENCE.
WOODEN BUILDINGS. Injunction to en- force ordinance against. See EQUITY. (C. P.) Wil- liamsport v. McFadden, 269.
END OF VOLUME XV.
Ex. Y. A. A.
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