this principle. Here the two deeds of relinquishmeut, and the deed of settlement, if not delivered at the same time, were delivered about the same time, the interval between them being only sixteen days; and the circumstances under which they were respectively executed not only render the presumption reasonable, but lead irresistibly to the conclusion that they were virtually parts of the same transaction, and that the last mentioned deed recites the true consideration upon which it f fonnded. The evidence shows that when the deeds were executed the grantor was indebted in a sum exceeding the value of his whole estate, and that for some time prior to that time he was endeavoring to borrow money with which to pay his debts. An effort was made by the trust company to effect a loan for him in Philadelphia, but the effort failed, because the title to his land was not deemed satisfactory; and the fair inference from the record is that a condition of the two loans, which were ultimately effected, was that the wife should unite in conveying the Roanoke land to secure them. It was as much his duty to provide for his wife as for his creditors; and the presumption is that, upon the faith of his promise to do so, she united in the trust deeds Nos. 1 and 2. In Blow v. Maynard, the settlement was not made until after the lapse of six years. In Perry v. Ruby, it was nine years. In Hatcher v. Crews, it affirmatively appeared that there was no consideration for the settlement at all; and so it may be said of every case in which this court has refused to sustain the settlement that the circumstances widely differ from those of the case in hand. It is not pretended that the settlement upon Mrs. Trout, if valid at all, is excessive; and the decree upholding it and dismissing the bill must be affirmed. WEEKLY DIGEST Of ALL the Current Opinions of all the State and Territorial Courts of Last Resort, and of the Supreme, Circuit and District Courts of the United States. ALABAMA 4, 9, 18, 19, 22, 25, 31, 32, 36, 38, 42, 43, 48, 49, 50, 55 56, 60, 61, 64, 67, 72, 80, 81, 89, 92, 95, 105, 106, 124, 131, 132 133, 135, 139, 150, 160, 163, 164, 167, 178, 185 CALIFORNIA.... 7,27 GEORGIA 3, 6, 11, 14, 23, 24, 35, 37, 40, 51, 70, 74, 77, 83, 93, 97 109, 128, 129, 134, 140, 141, 144, 152, 165, 171, 175, 176, 187, 197 198, 199, 204, 206, 208 INDIANA.. 13, 21, 29, 33, 44, 82, 86, 91, 94, 149, 153, 170, 193, 295 161 16, 47, 85, 122, 123, 159 207 ........ 1, 53, 114, 118, 147, 166, 174, 177 NEW HAMPSHIRE 15, 39, 59, 78, 98, 107, 121, 125, 148, 180, 189 194, 202, 203 2. ADOPTION-Jurisdiction- Domicile Statute. Construction of Pennsylvania statutes relative to the adoption of children as heirs. The proper court has jurisdiction although the petitioner is merely a sojourner and not a resident of the State.- Appeal of Wolf, S. C. Penn., April 23, 1888; 13 Atl. Rep. 760. 3. APPEAL-Assignment of Errors.- -A plaintiff, who on proper grounds excepted to the denial of his motion for a new trial, may in the supreme court assign error on exceptions taken pendente lite to the overruling of his demurrer to defendant's plea, though this is not mentioned in his final bill of exceptions. Hardee v. Griner, S. C. Ga., March 26, 1888; 7 S. E. Rep. 102. 4. APPEAL- Bill of Exceptions Signing. the record shows that the bill of exceptions was signed after the time fixed by order, it will on motion be stricken from the record. Powell v. Sturdevant, 8. C. Ala., July 20, 1888; 4 South. Rep. 718. When Code Ala. 9. APPEAL-Former Decision-Review. 1886, § 683 a, applies only where a case is brought upon a second appeal, involving the same principles and questions decided on the former appeal, and which must necessarily be reconsidered. Stoudenmire v. De Bardelaben, S. C. Ala., July 20, 1888; 4 South. Rep. 723. 10. APPEAL-Former Decision-Stare Decisis. appeal from a judgment below, entered in accordance with an opinion of the supreme court, will not be reviewed to determine whether the former opinion was correct. Windsor v. Cobb, S. C. Iowa, Sept. 5, 1888; 39 N. W. Rep. 93. An The rejection 11. APPEAL-Immaterial Evidence. of evidence and charge of the court as to immaterial matter are no cause for a new trial. Dannenberg v. Guernsey, S. C. Ga., April 11, 1888; 7 S. E. Rep. 105. 12. APPEAL-Justice- Notice. Under California law, the filling of notice of appeal with the justice without proof of service indorsed thereon is ineffectual for any purpose.-Hennes v. Wells, S. C. Oreg., May 3, 1888; 19 Pac. Rep. 121. 13. APPEAL - Review Objection in Appellate Court. Under the law of Indiana, an objection that the complaint does not state a good cause of action, must, if made for the first time in the appellate court, controvert the validity of the whole complaint; if a single paragraph is good the objection will fails. Branch v Faust, S. C. Ind., Sept. 18, 1888; 17 N. E. Rep. 898. 14. APPEAL- Sufficiency of Evidence. evidence is conflicting, the verdict of a jury will not be disturbed. Ragan v. Holton, S. C. Ga., July 11, 1888; 7 S. Where the E. Rep. 106. 15. ASSIGNMENT FOR BENEFIT OF CREDITORS Insurance-Statute.-Under the statute of New Hampshire, a policy of insurance against fire passes by a general assignment for the benefit of creditors, although in the policy there is a stipulation that it shall be void if assigned without leave of the company.-Dube v. Mascoma, etc. Co., S. C. N. H., July 19, 1888; 15 Atl. Rep. 141. 16. ASSUMPSIT-Work and Labor.- Where a woman married, thinking her husband to be single and after his death discovered that he had another wife living and undivorced, she cannot recover from his adminis trator for work and labor done while she lived with her supposed husband. Cooper v. Cooper, S. J. C. Mass., Sept. 5, 1888; 17 N. E. Rep. 892. 17. ATTACHMENT - Levy. It is not a legal attachment of property in the possession of a bailee where the officer first commences his service by attaching other property and then merely writes to the bailee that he has attatched that in his possession, an officer need not have his process upon his person when he executes it. Barney v. Rockwell, S. C. Vt., Sept. 12, 1888; 15 Atl. Rep. 163. 18. ATTACHMENT-Right of Property- Evidence. Where the claimant in attachment introduces certain transfers, under which he claims title, plaintiff may show that before the levy of the attatchment defendant mortgaged the property with claimant's consent without producing the mortgage. — Roberts v. Burgess, S. C. Ala., July 26, 1888; 4 South. Rep. 733. The 19. BAIL- Absconding Principal - Sureties. sureties on the bail bond of one indicted for murder are, under Alabama law, liable, if he absconds during the trial. Hawk v. State, S. C. Ala., July 16, 1888; 4 South. Rep. 690. 20. BANKS-Assumption of Liabilities-Settlement.. Bank A bought up the assets and assumed the liabilities of bank B. The latter bank had issued to depositors certificates calling for national bonds, which were to be redeemed at their face value plus the premium on bonds. It was a scheme to escape taxation; Held, that the stockholers of bank B could not complain because bank A redeemed the certicates according to their terms. Mason v. Farmers', etc. Bank, S. C. Iowa, Sept. 5, 1888; 39 N. W. Rep. 91. -A 22. BILLS AND NOTES-Actions-Consideration.gave a note to his attorneys as a retainer in a prosecution against him. Before trial he was killed by a mob: Held, that in an action thereon against his administrator the latter might show a partial failure of consideration.-Agneu v. Walden, S. C. Ala., July 12, 1888; 4 South. Rep. 672. 23. CARRIERS-Bill of Lading-Delivery.—Where by a bill of lading the goods are consigned to the order of the consignor, and the bill is indorsed in blank and negotiated for value as security for a draft drawn by the consignor on a third person, the carrier has no right to deliver the goods to such third person without production of the bill of lading or authority from the holder thereof.—Boatman's S. B. v. Western of A. R. R., S. C. Ga., April 16, 1888; 7 S. E. Rep. 125. the railroad.-Head v. Georgia P. R. R., S. C. Ga. Dec. 20, 1887; 7 S. E. Rep. 217. 25. CARRIERS-Limiting Liability.- Where a carrier is released from liability except for fraud and gross negligence in transporting horses in consideration of a reduced rate, the owner having free passage with the horses, the carrier is not liable for injury caused by want of care on the route, though it allowed the shipper to ride on the passenger tra n. Central, etc. R. R. v. Smitha, S. C. Ala., July 19, 1888; 4 South. Rep. 708. 28. COLLISION Steam and Sail Damages. A small steamer, being overtaken by a larger salling vessel, stopped and blew its whistle. The sailing vessel had no lookout and suddenly changed its course and collided with the steamer, and then sailed away, mak. ing no effort to save the sinking steamer's crew: Held, that the vessel was liable for the damages to the steamer, the expenses of endeavoring to raise it, and for the personal injuries to the crew. Mc Allep v. The Latona S. C. Wash. Ter., Jan. 12, 1888; 19 Pac. Rep. 181. 29. CONSTITUTIONAL LAW-Title of Act -Statute.. Construction of Indiana statutes relative to the house of refuge and reformatory of that State: Held, that the title of the act is in conformity with constitutional provisions.-Jarrard v. State, S. C. Ind., Sept. 19, 1888; 17 N. E. Rep. 912. 30. CONTRACT-Construction- Parol Evidence. -——————A written contract signed by a party who could not read or write, but to whom it had been read and explained cannot be contradicted by parol evidence of a party interested if rebutted by the testimony of a disinterested witness. - North v. Williams, S. C. Penn., April 23, 1888; 13 Atl. Rep. 723. 31. CONTRACTS-Description of Property.————— A writ ten agreement by A to transfer to B a lot of land near Florence, north of the fair grounds, containing 35 acres, more or less, is not void for uncertainty, it appearing that A owned but one such lot in that vicinity. -O'Neal v. Seixas, S. C. Ala., July 19, 1888; 4 South. Rep. 745. Where stock 32. CONTRACTS-Restraint of Trade. holders agree to place their stock for three years in the hands of trustees with power to vote the same at stock. holders' meetings, the stock only to be sold subject to such agreement, equity will not enforce the contract.Moses v. Scott, S. C. Ala., July 26, 1888; 4 South. Rep. 742. Where a corporation 33. CORPORATION-Receiver. is in the hands of a receiver and all its property in his possession it cannot be held liable for wrongs committed by his agents.-State v. Wabash, etc. Co.. S. C. Ind., Sept. 18, 1888; 17 N. E. Rep. 909. 35. COSTS-Mutual Faults. Where plaintiff in execution levies on too much property, and the claimant claims more than his interest, the costs of the proceed. ings should be equally divided between them.-Postell v. Chapman, S. C. Ga., July 11, 1888: 7 S. E. Rep. 119. has conveyed to a railroad company a strip of land for right of way by deed with warranty against incumbrances is estopped from demanding of the company damages for obstructing the flow of a stream across the right of way, or of shutting off a private pass way by an embankment. De Rochemont v. Boston, etc. Co., S. C. N. H., July 19, 1888; 15 Atl. Rep. 131. 40. CRIMINAL LAW-Affirmance of Judgment- Habeas Corpus. After affirmance on appeal of a judgment of conviction for felony, the legality of the conviction can only be drawn in question on habeas corpus for want of jurisdiction appearing on the face of the record brought from the court below to the supreme court. Daniels v. Towers, S. C. Ga., Nov. 1, 1887; 7 S. E. Rep. 120. 41. CRIMINAL LAW-Assault- Indictment. An in. dictment for assault with intent to murder an adopted daughter by neglecting and refusing to nourish and provide for her, is insufficient, if it fails to allege pecuniary ability to furnish her support. State v. Merkley, S. C. Iowa, Sept. 4, 1888; 39 N. W. Rep. 111. 42. CRIMINAL LAW-Assault-Insulting Words. -On 44. CRIMINAL LAW-Commitment- Bail.- Where a person is irregularly committed to jail on a charge of perjury and gives bail to appear at the next term of the court and fails to appear, his sureties are responsible, as giving bail waived the irregularity. Cunningham v. State, S. C. Ind., Sept. 18, 1888; 17 N. E. Rep. 904. 45. CRIMINAL LAW-Disorderly House- Evidence.A party may be found guilty of keeping a house of illfame, to which defendant permitted persons to resort for purposes of prostitution, though it also avered that prostitution was practiced there at his solicitation, which is not proved.-State v. Schafer, S. C. Iowa, Sept. 1888; 39 N. W. Rep. 89. 46. CRIMINAL LAW-Former Conviction. A former conviction made by a justice upon his own complaint will not bar an indictmeni previously found for intoxication, being the same offense. State v. Wakefield, S. C. Vt., Sept. 24, 1888; 15 Atl. Rep. 181. 48. CRIMINAL LAW-Jurors -Special.-Where special Jurors in addition to the regular panel are summoned for a murder trial, it is not error to excuse five of the regular jurors without defendant's knowledge, though they were afterwards drawn upon impaneling the trial jury. Fariss v. State, S. C. Ala., July 16, 1888; 4 South. Rep. 679. 49. CRIMINAL LAW-Larceny Fraud. A shot B's hog and told him he found it dead and spoilt. B told him he might have it for soap grease. B found the hog the next day at A' house, and it was not spoilt: Held, that A was guilty of larceny.-Frazier v. State, S. C. Ala., June 28, 1888; 4 South. Rep. 791. 50. CRIMINAL LAW- Lien- Removing Property. An indictment for removing property, on which there was a lien, under Alabama law, is not maintainablewhen the property in question was held by right of ownership. Smith v. State, S. C. Ala., July 16, 1888; 4 South. Rep. 683. In an The statute 52. DAMAGES - Railroads - Fruit Trees. action against a railroad for the destruction of fruit trees by fire, the measure of damages is the value of the trees destroyed. Norfolks & W. R. R v. Bohannan, S. C App. Va., Aug. 16, 1888; 7 S. E. Rep. 236. 53. DEDICATION-Town sites-Sales. imposing a penalty on owners of town sites who sell such lands before recording the plats thereof, does not render such sales void. – De Mers v. Daniels, S. C. Minn., Aug. 30, 1888; 39 N. W. Rep. 98. 54. DEED- Description Boundaries. A and B inherited part of lot 8 and part of lot 7 from their mother, and the rest of lot 8 from their father. A describing himself as the heir of his mother, conveyed one half of lot 8 and part of lot 7, describing the land by metes and bounds excluding part of lot 8. B, acting by A, his attorney, conveyed the same property by the same description: Held, that the north end of lot 8 did not pass.-Waldin v. Smith, S. C. Iowa, Sept. 4, 1888; 39 N. W. Rep. 82. -- Terms. Bastards. A 55. DESCENT AND DISTRIBUTION bastard died seized of land, leaving a bastard halfbrother and their mother: Held that, under Alabama law, the half brother takes the land to the exclusion of the mother. Butler v. Elyton L. Co., S. C. Ala., July 12, 1888; 4 South. Rep. 675. 56. DETINUE-Sale Where in detinue it appears that plaintiff sold and delivered the property to defendant for a reasonable price to be afterward agreed upon, though the parties could not agree upon the price, the jury should find for the defendant. Greene v. Lewis, S. C. Ala, July 26, 1888; 4 South. Rep. 740. 57. DIVORCE-Child-Supplemental Relief. — -Under Iowa law, a petition by a divorced wife, who had been awarded alimony and the custody of their minor child, to compel her former husband to contribute to the support of the child, which does not aver a changed condition of the parties, is demurrable. Reid v. Reid, S. C. Iowa, Sept. 4, 1888; 39 N. W. Rep. 102. 58. DIVORCE Homestead. When a woman is divorced she and her minor children, if their custody is committed to her, lose all right to the homestead of the husband and father. Haton v. Sawyer, S. C. Vt., Sept. 11, 18 8; 15 Atl. Rep. 166. 59. EASEMENT - Right of Way - Construction - Evidence. In construing a writing giving a privateright of way, parol evidence is admissible which tends to show the typography of the land and the intention of the parties.- Gardner v. Webster, S. C. N. H., July 19, 1888; 15 Atl. Rep. 144. 60. EJECTMENT-Mortgage-Equity of Redemption.Under Alabama law, a mortgagor in possession cannot set up the outstanding title of the mortgagee to defeat ejectment by a purchaser of the equity of redemption Conveyance. 61. EJECTMENT - Possession De. fendant in ejectment, who is in possession under claim of right, cannot interpose as a defense that plaintiff has conveyed, since action brought, all his interest in the premises.-Davis v. Curry, S. C. Ala., July 26, 1888; 4 South Rep. 734. 62. ELECTION-Certiorari-Contest-Appeal - Statute. Under the statute of Pennsylvania a contested election of certain officers must be decided by the court of quarter sessions, and no appeal lles from its decision. In the absence of irregularity the decision cannot be reviewed by the supreme court. In re Contested Election of Yonkin, S. C. Penn., April 23, 1888; 13 Atl. Rep. 750. A 67. EQUITY-Remedy at Law-County Officers. bill by a county against its treasurer and collector stated, that both officers were in default, and that owing to their manner of doing bussiness it was impossible to ascertain what each owed, and prayed that the collector be required to settle his accounts and for judgment against him and his sureties, and that the treasurer and collector be required to interplead and settle their accounts, and for a decree as to the sum due from the treasurer: Held, that there was an adequate remedy at law. Sumter County v. Mitchell, S. C. Ala., July 19, 1888; 4 South. Rep. 705. sible in evidence as part of the res gesta. White, S. C. Vt., Sept. 24, 1888; 15 Atl. Rep. 184. A 72. EVIDENCE-Deed-Copy- Authentication. certified copy of a deed to lands in Georgia, authenticated as required by act of congress, is not admissible in Alabama without proof of the loss or destruction of the original, which is required by Georgia law. Whaun v. Atkison, S. C. Ala., July 16, 1888; 4 South. Rep. 681. 73. EVIDENCE-Sufficiency.- -In an action for money loaned, it appeared that plaintiff's intestate had received money which was unaccount d for, unless loaned to defendant. Defendant had admitted to different witnesses that he had borrowed money from deceased, on which he was paying interest: Held, that a verdict for plaintiff for less than defendant admitted he owed was sustained by the evidence, the error, if any, being in defendant's favor. Miles v. Wikel, 8. O. Iowa, Sept. 5, 1888; 39 N. W. Rep. 95. 74. EVIDENCE-Varying Writings. -Parol evidence, that a settlement closed up by notes and mortgage was by parol agreement to be raised by the debtor and the notes and mortgage reduced by correcting errors, is inadmissible. - Dyar v. Walton, S. C. Ga., Dec. 19, 1887; 7 S. E. Rep. 220. 75. EXECUTION-Evidence- Fraud. In an action against a constable for levying upon property of the plaintiff as that of his (plaintiff's) father, defendant offered to prove that plaintiff's father and mother had been in the habit of shifting from one to the other the ownership of their property but did not offer to prove that plaintiff,s title was derived from such a transfer: Held, that the evidence was properly excluded. Ben- . nethum v. Long, S. C. Penn., April 30, 1888; 13 Atl. Rep. 778. 76. EXECUTION-Innocent Purchaser.- A judgment creditor who purchases real estate at execution sale without notice of an outstanding equity, is an innocent purchaser for value and entitled to protection on such. -Ettenheimer v. Northgraves, S. C. Iowa, Sept. 6, 1888; 39 N. W. Rep. 120. Indorsement. The 77. EXECUTION-Limitation indorsement by a justice of a receipt for his costs on executions placed in the sheriff's hands is such an entry as is contemplated by Code Ga. § 2914.—Gholston v. O'Kelley, S. C. Ga., July 11, 1888; 7 S. E. Rep. 107. 78. EXECUTION-Sale- Mortgage- - Equity of Redemption. Two equities of redemption on separate tracks of land belonging to the same debtor but mortgaged to different persons cannot be sold together upon an execution against the debtor.- McCone v. Courser, S. C. N. H., July 19, 1888; 15 Atl. Rep. 129. -- 79. EXECUTORS- Allowance of Demands-Delay.Where a claim against an estate has been duly filed and approved by the executor and payments made on it, a delay of several years in bringing it to a hearing will not be a bar, under Iowa laws, when the notes therefor and all the parties are before the court and the estate has not been injured by the delay. Schrnier v. Holderbaum, S. C. Iowa, Sept. 6, 1888; 39 N. W. Rep. 125. 80. EXECUTORS-Examination-Discovery. an executor conceals from creditors the amount and whereabouts of the assets, and collusively allows legatees to take their portions to the injury of the creditors, the creditors may compel a discovery in equity, though the statute permits the examination of the executor as a witness, in proceedings at law.—Handley v. Heflin, S. C. Ala., July 20, 1888; 4 South. Rep. 725. Where 81. EXECUTORS-Robbery-Liability.- An executor collected $3,000 near where he lived, which was fourteen miles from the county seat, and kept it in his possession for a few weeks when, on going to make his settlement at the county seat, he was robbed of it: Held, that he was propely allowed the amount in his settlement.-Lehman v. Robertson, C. S. Ala., July 20, 1888; 4 South. Rep. 728. 82. EXECUTOR AND ADMINISTRATOR- Heir.Under the statute of Indiana, after an admisistrator is allowed a claim it is competent for the heir to show its invalidity in order to protect the real estate from sale by the administrator.— O'Haleran v. O'Haleran, S. C. Ind., Sept. 20, 1888; 17 N. E. Rep. 917. 83. EXEMPTION-Sale-Claimant.-Personalty sold by the sheriff subject to the exemption right, pending an application to set apart the property, may be recovered of the purchaser though the pending application failed, if a subsequent application succeeded; but not, if sold subject to the result of the pending application.-Robson v. Rawlins, S. C. Ga., Nov. 5, 1887; 7 S. E. Rep. 212. 84. FENCES-Division Fences - Negligence. cumstances stated under which it was held that a party was not guilty of contributory negligence in turning his cattle into a pasture, the division fence of which was imperfect and the cattle therefore liable to be injured. - Eddy v. Kinney, S. C. Vt., Sept. 25, 1888; 15 Atl. Rep. 198. Cir 85. FRAUD-Fraudulent Conveyance-Corporation.Circumstances stated under which a conveyance made by a corporation was held to be fraudulent and designed to hinder, delay and defraud creditors. Bernard v. Barney, etc. Co., S. S. C. Mass., Sept. 4, 1888; 17 N. E. Rep. 887. 86. FRAUD Statute of · Consideration- Promise to Pay Another's Debt.-Where a creditor accepted an assignment of a policy of insurance which had before been assigned to plaintiff, promising to pay the debt due to plaintiff: Held, that he is liable to plaintiff, his promise to pay not being within the statute of frauds. — Leake v. Bell, S. C. Ind., Sept. 20, 1888; 17 N. E. Rep. 918. 87. FRAUD-Statute of-Contract- Abandonment.Where plaintiff bought a farm for defendant at his request and took the title in his own name as security for the price, and defendant took possession and for a season paid intesest and taxes and then abandoned the property: Held, that the contract was within the stat. ute of frauds, but the defendant was in the place of a mortgagor in possesion, and the plaintiff could recover the excess of the debt above the value of the premises. -Adams v. Cooty, S. C. Vt., Sept. 8, 1888; 15 Atl. Rep. 150. 88. FRAUDS-Statute of-Debt of Another- Consideration.- -A, having a mortgage on certain property of B, agreed to satisfy his debt from the proceeds of a public sale of B's property; C, having attached part of B's property, went to the place of sale to attach more. A then orally agreed to pay any deficiency due to C after selling the attached property, if he would make no additional levy: Held, that there was sufficient conideration for A's promise under the statute of frauds. -Helt v. Smith, S. C. Iowa, Sept 4, 1888; 39 N. W. Rep. 81. 89. FRAUDS-Statute of-Deeds-Delivery. -Deeds fully describing the contract, parties and the land, executed and put into the hands of a third party to be delivered on compliance by the vendee with the terms of payment, take the contract out of the statute of frauds. Johnston v. Jones, S. C. Ala., July 26, 1888; 4 South. Rep. 748. 91. FRAUDULENT CONVEYANCE-Preference-Husband and Wife. Circumstances stated under which it was held that a conveyance made by a husband for the benefit of his creditors, in which he made preferences among them, and gave such a preference to a debt due to his wife was not unreasonable or fraudulent.-Brigham v. Hubbard, S. C. Ind., Sept. 21, 1888; 17 N. E. Rep. 920. 92. FRAUDULENT CONVEYANCE - Sureties. Where the liability of a surety is contingent, when his principal makes a conveyance fraudulent as to creditors, he, after he has been compelled to pay the surety debt, may attack the conveyance.-Erigg v. Patterson, S. C. Ala., July 20, 1888; 4 South. Rep. 716. 93. FRAUDULENT CONVEYANCE-Trover-Evidence.Where A brings an action for the conversion of prop. erty after conveying it to another, under whom defend 102. HIGHWAYS - Turnpike - Right of Way - Statute. Circumstances stated under which a railroad company having purchased a turnpike road, and operated it as such by taking tolls, was held entitled to use said turnpike road as the road bed of its railroad, after a portion of it had been condemned and open for public use.-Appeal of Philadelphia, etc. Co., S. C. Penn., April 23, 1888; 13 Atl. Rep. 708, The homestead 103. HOMESTEAD - Assignment. passes by an assignment in favor of creditors, so far as concerns debts contracted before the homestead was acquired, and the assignee's deed conveying it will in such case pass the title to the purchaser. Tilden v. Crimmins, S. C. Vt., Sept. 13, 1888; 15 Atl. Rep. 178. 104. HOMESTEAD-Lease- Partition. A son occupied for twenty years a part of his father's homestead, a par of which land was assigned to him on partition after his father's death: Held, that he had no exemption in the land so alloted against a judgment previously recorded. - Wertz v. Merritt, S. C. Iowa, Sept. 4, 1888; 39 N. W. Rep. 103. 105. HUSBAND AND WIFE- Antenuptial Settlement.A conveyance from a husband to his wife pursuant to an antenuptial settlement, where the wife did not know at the time of the settlement that the husband was in |