10. ANIMALS-Liability of Owner.-The owner of cattle not known to be breachy, vicious, or diseased may permit them to run at large, and is not liable for trespasses committed by them, except upon lands inclosed with a sufficient fence, under the statute.-CLARENDON LAND INVESTMENT & AGENCY Co. v. MCCLELLAND, Tex., 35 S. W. Rep. 474.

11. APPEAL - Supersedeas Bond.-A judgment, in favor of plaintiff for money due on a note, and for foreclosure of a mortgage securing it, is a judgment "for the recovery of money," within the statute providing that on appeal from such judgment the supersedeas bond shall be for double the amount of the judg ment, and the court has no authority to fix the amount of such bond.-COMMERCIAL NAT. BANK V. SUPERIOR COURT OF KING COUNTY, Wash., 44 Pac. Rep. 859.

12. ASSIGNMENT FOR BENEFIT OF CREDITORS.-Conventional trustees, claiming under a deed of trust for the benefit of creditors, cannot attack a conveyance by their assignor as in fraud of creditors.-FARMERS' & MECHANICS' NAT. BANK OF FREDERICK V. DE Ford, Md., 34 Atl. Rep. 788.

13. ASSIGNMENT FOR BENEFIT OF CREDITORS.-An instrument called on its face a "deed of trust," executed by an insolvent, conveying his entire stock in trade and fixtures to one of his creditors "to secure the payment" of creditors therein specified, and which au thorizes the grantee to sell the property, and pay the specified creditors, and provides that the surplus, if any, shall be returned to the grantor, the instrument then to be void, is not an assignment for benefit of creditors.-SEWARD CONFECTIONARY CO. v. ULLMÁN, Tex., 35 S. W. Rep. 469.

14. ATTACHMENT — Appearance.-An appearance by counsel of a non-resident attachment defendant, for the sole purpose of moving a discharge of the levy, and the dissolution of the attachment, does not constitute a general appearance, and service must be made by publication before default and judgment can be entered.-EXCHANGE NAT. BANK OF SPOKANE V. CLEMENT, Ala., 19 South. Rep. 814.

15. ATTACHMENT-Collusive Writ.-A writ of attachment, issued collusively between a creditor and an in solvent debtor, with the view of defendant's suffering a judgment against himself, to hinder and defraud his creditors, is within Code, § 1735, declaring void a "suit commenced" with intent to defraud creditors.-COMER V. HEIDELBACH, Ala., 19 South. Rep. 719.

16. ATTACHMENT-Contract.-An action for breach of contract, though the damages claimed are unliquidated, is nevertheless a demand arising on contract within the meaning of Sand..& H. Dig. § 325, providing that attachment will not be granted on the ground that defendant is a non-resident for any claim other than a debt or demand arising upon contract.-MESSINGER V. DUNHAM, Ark., 35 S. W. Rep. 435.

17. BASTARDY-Appeal by State.-Act 1879, ch. 92, § 2, providing that, in bastardy proceedings, when the is sue of paternity is found against the putative father, he shall be fined, etc., for the benefit of the school fund, constitutes bastardy a criminal offense, within the meaning of Code, § 1237, limiting the right of appeal by the State in criminal actions.-STATE V. OSTWALT, N. Car., 24 S. E. Rep. 660.

18. BUILDING AND LOAN ASSOCIATIONS Exercise of Corporate Rights.-A building and loan association doing business under the provisions of chapter 131, Laws 1891 (sections 2855-2894, Gen. St. 1894), is a corporation having the power to make loans on pledges, and may, in an action by the attorney-general, on behalf of the State, under the provisions of section 5900, Gen. St. 1894, be restrained from exercising any of its corporate rights, whenever it violates the provisions of its acts of incorporation, or any other law binding on it.-STATE V. AMERICAN SAVINGS & LOAN ASS'N, Minn., 67 N. W. Rep. 1.

19. CARRIERS OF PASSENGERS-Contributory Negli gence. It is the duty of a passenger unnecessarily rid

ing on the platform of a car in motion to go into the car when requested by the conductor or other person having charge of the train when there is standing room inside; and if, by reason of his refusal to do so, and by going onto the steps of the car without the knowledge of the conductor or other person having charge of the train, he loses his balance, by reason of a lurch of the car in rounding a curve, and falls overboard, and is injured, he is guilty of contributory negligence, such as will preclude his recovery for such injury.-FISHER V. WEST VIRGINIA & P. R. Co., W. Va., 24 S. E. Rep. 570. 20. CARRIERS OF PASSENGERS-Contributory Negli. gence. Where a passenger knowingly jumps from a moving train, under such circumstances as to render the act obviously and necessarily perilous, and to show a willful disregard of the danger incurred thereby, it will prevent a recovery for the injuries received therefrom.-CHICAGO, B. & Q. R. Co. v. HYATT, Neb., 67 N. W. Rep. 8.

21. CARRIERS OF PASSENGERS-Exemptions from Liability. In the absence of legislation by the federal government as to the validity of stipulations by a common carrier for exemption from liability for injuries to passengers, in contracts for interstate carriage, their validity is to be determined by the common law. -DAVIS V. CHICAGO, M. & St. P. RY. Co., Wis., 67 N. W. Rep. 16.

22. CARRIERS OF PASSENGERS-Negligence-Contribu tory Negligence.-There was evidence that plaintiff, at the invitation of an employee of the defendant carrier, got upon its cars, which were so crowded as to neces sitate his riding upon the platform; that, due to the crowd upon the platform, the carrier was unable to close the gates on the car as required by statute; that the conduct of an employee of the carrier, in striking at a passenger, caused the crowd on the platform to jostle; and that plaintiff, in attempting to retain his position, involuntarily seized the railing behind him, whereby his arm was caught between the railings of the car on which he was riding and the one behind him, and broken: Held, that the evidence was not insufficient, as a matter of law, to show negligence on the part of the carrier.-GRAHAM V. MANHATTAN RY. Co., N. Y., 43 N. E. Rep. 917.

23. CARRIERS OF PASSENGERS-Street Railways-Injuries.-Ordinarily, passengers on street cars are expected to alight with some haste. When, however, a person is infirm, or clumsy, or incumbered with pack. ages or other hindrances, more prudence is required than ordinarily.-BOIKENS v. NEW ORLEANS & C. R. Co., La., 19 South. Rep. 787.

24. CERTIORARI.-The practice in proceedings by certiorari is not regulated by statute, but should be made to conform by the courts to the principles and usages of law. A writ of certiorari to review the action of a public board calls for an exhibit of the record of that body bearing upon the questions involved, and, if a portion of such record is omitted from the return, the court may properly permit the respondents to supply it by amendment.-STATE v. SPRINGER, Mo., 35 S. W. Rep. 589.

25. CHAMPERTY.-An agreement by an attorney to pay or contribute to the payment of expenses of litigation in which he is interested as a party, does not render the action champertous.-GILBERT-ARNOLD LAND Co. v. CITY OF SUPERIOR, Wis., 67 N. W. Rep. 39.

26. CHATTEL MORTGAGE.-Under Gen. St. 1883, §§ 163, 164, a chattel mortgage which does not bear a certifi cate showing it to have been properly acknowledged by the mortgagor, is invalid as against third persons and attaching creditors.-EDINGER V. GRACE, Colo., 44 Pac. Rep. 855.

27. CHATTEL MORTGAGE-Acknowledgment and Recording.-Under 1 Hill's Code, § 1648 (making a chattel mortgage void as to creditors of the mortgagor, and as to subsequent purchasers for value and in good faith, unless acknowledged and recorded and accompanied with an affidavit by the mortgagor that it was made in

good faith), one who bought the chattels with knowl edge of the existence of the mortgage and its non-pay. ment could not attack it for want of acknowledgment, record and affidavit.-MENDENHALL V. KRATZ, Wash., 44 Pac. Rep. 872.

28. CHATTEL MORTGAGE-Consideration-Record.-It is a good defense to an action in replevin to prove title and right of possession in a third person. A chattel mortgage is good, between the parties thereto and all others except creditors of the mortgagor or subsequent purchasers and mortgagees in good faith, though not filed as required by statute.-FULLER V. BROWNELL, Neb., 67 N. W. Rep. 6.

29. CHATTEL MORTGAGE-Lien.-The mortgagee of personal property does not, in the absence of fraud, lose his lien thereon merely by failing to take possession of the property when the debt falls due.-STREETER V. JOHNSON, Nev., 44 Pac. Rep. 819.

30. CHATTEL MORTGAGES-Possession.-Where plaintiff, on exchanging horses with defendant, gave as boot money a note secured by mortgage on the horse, and took the horse home with him, the fact that defendant allowed him at the time to retain possession of the mortgaged property did not amount to such a stipula. tion that he should have possession as would defeat defendant's right to retake possession at any time as mortgagee.-HINSON V. SMITH, N. Car., 24 S. E. Rep.

541.

31. CHATTEL MORTGAGES-Redemption.-A provision in a chattel mortgage authorizing the mortgagee, if at any time he deems himself insecure, to seize and sell the property with or without notice at public or pri vate sale, is not a waiver by the mortgagor of the provisions of Sanb. & B. Ann. St. § 2316a, prohibiting the sale of property without the consent of the mortgagor until five days after seizure, and giving the mortgagor the right to redeem during the time.-VREELAND V. WADDELL, Wis., 67 N. W. Rep. 51.

32. CONSTITUTIONAL LAW-General Law - City Licenses.-Act February 18, 1887, as amended, authorizing all towns and cities to enforce any of its provisions for the assessment and collection of taxes which they have by ordinance adopted, but providing that none except certain designated cities shall collect a license tax on any business or occupation upon which the State does not collect a like tax, is not a general law, within Const. art. 4, § 50, prohibiting the general assembly from authorizing any municipal corporation to pass any laws inconsistent with the "general laws" of the State so as to render void a provision in a city charter authorizing it to tax business and occupations.-HOLT V. MAYOR, ETC., OF BIRMINGHAM, Ala., 19 South. Rep. 735.

33. CONSTITUTIONAL LAW Interstate CommerceTelegraphic Messages.-A State statute requiring telegraph companies to transmit and deliver dispatches with impartiality, good faith and due diligence, under penalty of $100 in each case (Act Ga. Oct. 22, 1887), is not void, as to messages coming from without the State, as an unwarrantable interference with interstate commerce, in the absence of any legislation by congress on the subject.--WESTERN UNION TEL. Co. v. JAMES, U. S. S. C., 16 S. C. Rep. 934.

34. CONSTITUTIONAL LAW-Landlord and Tenant.Act March 7, 1891 (Laws 1891, p. 179, ch. 96), by impos. ing a penalty on a tenant who, after breach of lease and notice to quit, wrongfully continued in possession,

nature of such office, and the usages of this and other States with reference thereto at the time the constitution was adopted, authorize the appointment of women as notaries.-OPINION OF THE JUSTICES, Mass., 43 N. E. Rep. 927.

36. CONSTITUTIONAL LAW-Police Power.-Pen. Code 1895, § 310 1-2, making it a criminal offense for barbers to conduct their business on Sundays or holidays after 12 o'clock M., is not a proper exercise of the police power of the State.-EX PARTE JENTZSCH, Cal., 44 Pac. Rep. 803.

37. CONTRACT-Breach-Damages.-Where a party to a contract notifies the other that he does not intend to abide by or perform it, the other may bring an immediate suit for such damages as he may thereby have sustained, without waiting for the time of performance to expire.-DAVIS v. GRAND RAPIDS SCHOOL FURNITURE CO., W. Va., 24 S. E. Rep. 631.

38. CONTRACT-Consideration.-A mere promise to lend money on a certain date to enable the promisee to pay off a mortgage, there being nothing to support such promise but the promisee's request for the loan, is without consideration and void.-GUTHEIL V. SCHMIDT, Colo., 44 Pac. Rep. 853.

39. CONTRACT- Contemporaneous Contracts-Interpretation. Two agreements, of contemporaneous date, one of which is signed by creditor and debtor, and the other by the debtor and surety, and each mak ing reference to the other, must be construed together; and, thus construed, what is doubtful in one may be made clear by what is found in the other.-ISADOR BUSH WINE & LIQUOR Co. v. WOLF, La., 19 South. Rep. 765.

40. CONTRACT-Implied Promise to Pay.-One who had, from time to time, furnished railroad ties to a contractor, delivering them on the right of way of the railroad, where they were inspected by the company, and paid for to the contractor, cannot recover from the railroad company for ties so left with others owned by the contractor, and which were inspected and used by the compary, and for which it paid the contractor, in the absence of an express contract or notice to the company that the ties were not owned by the contractor; and notice to the inspector, whose authority extended only to making the inspection, and reporting the same, would not be notice to the company. ALABAMA G. S. R. Co. v. MoORE, Ala., 19 South. Rep. 804.

41. CONTRACT- Novation.-Defendant purchased a mill site of plaintiff, executing his notes therefor. It was ascertained that another owned a half interest in a larger tract, including the mill site; and defendant purchased such interest, and also plaintiff's interest in the entire property, executing other notes to plaintiff, and receiving a conveyance of the entire tract: Held, that the second transaction did not operate as a novation of the former contract, the evidence showing that such was not the intention of the parties.-HENRY V. NUBERT, Tenn., 35 S. W. Rep. 444.

42. CONTRACT-Parol Evidence-Mistake.-Negligence of a party to a written contract in voluntarily signing, without reading, the contract, no fraud being shown, prevents him from contradicting its terms by parol evidence.-DELLINGER V. GILLESPIE, N. Car., 24 S. E.

Rep. 538.

43. CONTRACT-Subscription.-A company having of fered to build a mill at a certain place if a site and a certain amount was given it as a bonus, a subscrip

an undisclosed principal, does not give rise to two dis tinct contracts, one between the brokers and the other between the principals, but to one contract only, and separate satisfactions cannot be obtained from both broker and principal for a cause of action arising out of such contract.-ORVIS v. WELLS, FARGO & CO., U. S. C. C. of App., 73 Fed. Rep. 110.

5. CONTRACT-Consideration.-Where the sufficiency of the complaint is first questioned on appeal, its defects will be considered cured by the verdict, unless it omits some material fact. Where defendant sold plaintiff a harvesting machine, and on its failure to do good work agreed that if it did not do good work in the next harvest it would furnish another one, such agreement was based on a sufficient consideration.-PLANO MANUF'G CO. V. KESLER, Ind., 43 N. E. Rep. 925.

46. CONTRACTS-Construction-Contradictory Provisions. Where a contract is distinct, guarantying 50 per cent, profit on the cost, and a supposed explanatory clause is added, which is inconsistent with it, and would partially destroy it, the explanatory clause will be disregarded in construing the contract.-STRAUS v. WANAMAKER, Penn., 34 Atl. Rep. 648.

47. CONTRACTS

Interpretation - Credit Insurance Policy. A contract by which a corporation, though called a "guarantee" or "surety" company, undertakes, in consideration of premiums paid, to indemnify the other party to such contract against losses by uncollectible debts, is not a contract of suretyship, but a policy of insurance, and, as such, subject to the rule that any ambiguities in the policy drawn up by the insurer, who makes his own conditions, are to be resolved against the draftsman.-TEBBETS V. MERCANTILE CREDIT GUARANTEE CO. OF NEW YORK, U. S. C. C. of App., 73 Fed. Rep. 95.

48. CONTRACTS-Ratification Personal Liability of Agent. Where a proposition is made in writing by certain contractors to erect a church building for an amount named therein, in accordance with annexed specifications, which proposition is addressed to the building committee, and is accepted by W and B, over their individual signatures, and the contractors proceed with the work, and receive a large portion of the pay therefor from the pastor of the church, representing the congregation, said contractors must be held to have contracted with W and B as the building com. mittee of said church, and this contract is ratified by their proceeding with the work, and receiving com. pensation therefor from the pastor representing the church.-JOHNSON V. WELCH, W. Va., 24 S. E. Rep.

585.

49. CONTRACTS-Rescission-Tender.-One who seeks to rescind a contract on the ground of fraud must, within a reasonable time, offer to return the property or consideration therefor received by him, provided it be of any value. Property, the loss of which would in any way result in disadvantage or inconvenience to the adverse party, must in such case be returned, although it possesses no intrinsic or market value.BUILDING & LOAN ASS'N OF DAKOTA V. CAMERON, Neb., 66 N. W. Rep. 1109.

50. CONTRACTS-Signing-Evidence.-Where a bond conditioned on the performance of a contract refers to the contract as thereto attached, an execution of the bond, with the contract attached thereto, is an exêcution of the contract also.-BUSCH V. HART, Ark., 35 5. W. Rep. 534.

51. CORRORATIONS-Contract-Liability of Promoters. -Where an attorney is employed, by individuals seeking to incorporate, to prepare the incorporation papers, and is authorized to contract for printing, the promoters of the corporation are personally liable for such contract made preliminary to organization.—

file their articles of incorporation and obtain a permit therefor, does not apply to a corporation doing business in another State, which ships goods, on an unsolicited order, to a resident of Texas, and such corporation may maintain an action to recover for such goods. -H. ZUBERBIER CO. v. HARRIS, Tex., 35 S. W. Rep. 403. 53. CORPORATIONS Foreign Corporations Stockholders' Liability.-A creditor of an insolvent foreign corporation may maintain in this State, against its stockholders of whom the court has jurisdiction, an action in the nature of a creditors' bill to obtain pay. ment of his claim against such corporations from the unpaid balances of subscriptions by such stockholders to its capital stock. The remedy provided by sections 2600, 2602, Gen. St. 1894, is not applicable where it is sought to reach such unpaid subscriptions to the stock of a foreign corporation.-RULE V. OMEGA STOVE & GRATE CO., Minn., 67 N. W. Rep. 60.

54. CORPORATIONS-Hypothecation of Bonds.-A corporation issued bonds in excess of the value of its assets, and assigned them to certain creditors, as collaterals for existing liabilities and for future advances. It secured the bonds by a mortgage of all its property, stipulating for retention of possession for 10 years, leaving other creditors wholly unprovided for, and without means issuing out of its business to pay them anything: Held, that the mortgage and bonds were void as between the unsecured creditors and those who accepted the conveyance with notice of the facts, though they had no intention to hinder and delay the unsecured creditors, and though the concern may have been, at the time, solvent.-AGE-HERALD Co. v. POTTER, Ala., 19 South. Rep. 725.

55. CORPORATIONS-Insolvency-Rights of Creditors. -Where a corporation becomes insolvent, and ceases to do business, or by any act terminates its business without intention or ability to resume, its property and assets become a trust fund for all its creditors, between whom it can create no preference; nor can a creditor, by his own act, obtain a preference over others, who are in equity common owners of the property with him.-ORR & LINDSLEY SHOE CO. V. THOMPSON, Tex., 35 S. W. Rep. 473.

56. CORPORATIONS-Officers- Warehouse Receipts.Where the court erroneously charged that liability of a warehouseman depended upon the fact that there was cotton stored and covered by the receipts, unless the warehouseman was estopped to deny such fact because of representations by the person in charge of the warehouse that there was cotton there, such error is not cured by a subsequent instruction that defendant cannot be estopped from denying the genuineness of the receipts unless he has stated that there was cotton in the warehouse, knowing at the time that the bank making the inquiry intended to act on such statement.-CORN EXCHANGE BANK OF CITY OF NEW YORK V. AMERICAN DOCK & TRUST Co., N. Y., 43 N. E. Rep. 915.

57. CORPORATIONS-Rights of Stockholders.-A holder of railroad stock, issued to him as full paid, in payment of undisputed debts due to a construction company, whose claims have been assigned to him, takes it free of all trusts or obligations in favor of the company issuing it, and is under no duty to that company or to its other stockholders to continue in the ownership thereof, for the purpose of facilitating pending negotiations for the transfer of control of the company to another railroad corporation, but may sell the same to a rival company also seeking control, or to whomso ever he sees fit, and at any price he can obtain.-FARMERS' LOAN & TRUST CO. v. CHICAGO, P. & S. RY. Co., U. S. S. C., 16 S. C. Rep. 917.

58. CORPORATIONS- Unpaid Stock.-One who takes an assignment of stock, accompanied by a transfer to

subscriber, for the balance due on the stock.-GLENN V. PORTER, U. S. C.¡C. of App., 73 Fed. Rep. 275.

59. COVENANTS-Breach of Warranty. Where the owner of a section of land conveyed by warranty deed the southwest quarter thereof-so described in the deed-but by mistake pointed out as included therein a strip belonging to an adjoining owner, the south line of the grantor's section, having been wrongly located on such adjoining land, and a furrow plowed around the section as so surveyed, the effect of the deed, as between the parties thereto, was to convey the strip pointed out by the grantor as his.-MEADE V. BOONE, Tex., 35 S. W. Rep. 483.

60. COVENANT-Breach of Warranty-Damages.-Act 1824, p. 24, § 4, as amended in 1879, providing that in an action on a covenant the measure of damages shall be the amount of the purchase money "from the time of eviction," has reference only to cases of actual eviction, and does not apply to an action for breach of warranty by failure of title to a part of the land conveyed, the grantee never having had possession of such portion.-HUNT V. NOLEN, S. Car., 24 S. E. Rep. 543.

61. CRIMINAL EVIDENCE-Forgery.-On the trial of a person accused of forgery, the alleged forged paper must be produced or its non-production satisfactorily accounted for, by showing it to be lost, destroyed, or in the hands of the accused or his friends; and, in the latter case, notice to produce it must be given to the accused or his counsel before evidence of its existence, character and contents is admissible. STATE V. LOWRY, W. Va., 21 S. E. Rep. 561.

62. CRIMINAL LAW-Assault with Deadly Weapon.Under an indictment charging an assault with a deadly weapon, where the proof showed that defendant had struck with a small rock, an instruction that if defendant "struck and wounded with rock or other hard substance, deadly weapon or weapons," they should find him guilty, is erroneous in that it assumes a rock to be a deadly weapon, it being a question for the jury whether the stone was in fact a deadly weapon.MCWILLIAMS V. COMMONWEALTH, Ky., 35 S. W. Rep.

538.

63. CRIMINAL LAW-Continuance.-An agreement between an attorney for a defendant and the attorney for the State that the trial should be postponed until defendant's attorney had finished another trial and could be present, unless made in writing, as required by the rules, or consented to by the court, does not, in the absence of artifice or fraud, entitle defendant to a continuance on account of the absence of the attorney.MIXON V. STATE, Tex., 35 S. W. Rep. 394.

64. CRIMINAL LAW False Pretenses. - Under Pen. Code, § 234, providing for the punishment of any person defrauding another by any false pretense, an information which charges that defendant feloniously, and with intent to defraud, represented that he had money in bank, with a right to draw checks against the same; that he gave a check, by means of which false representations with intent to defraud he obtained certain personal property, is sufficient, although it does not aver specifically that the alleged false pretenses were made with a view to effect a sale, and that by reason thereof the party was induced to make the sale and part with his property.-STATE V. BOKIEN, Wash., 44 Pac. Rep. 889.

65. CRIMINAL LAW-Gaming House.-A house where persons are permitted habitually to assemble to bet money on the result of a horse race is a gaming house, and therefore a common nuisance.-BOLLINGER V. COMMONWEALTH, Ky., 35 S. W. Rep. 553.

66. CRIMINAL LAW-Homicide-Self-defense.-Where there is no intention to provoke a difficulty with a view of entering into a fight with his adversary, the person giving the provocation does not lose his right of self-defense.-CARTER V. STATE, Tex., 35 S. W. Rep. 378.

67. CRIMINAL LAW-Larceny-What Constitutes.-Larceny of a steer is established if it is shown that respond.

ents feloniously killed it, and carried away and appropriated the meat, and in so doing moved the steer, while alive, from the place where they found it, though they did not, till after it was killed, take it out of the inclosure where they found it.-STATE V. GILBERT, Vt., 34 Atl. Rep. 697.

68. CRIMINAL LAW-Sodomy-Woman.-Woman is included under the term "mankind," as used in Rev. Pen. Code, art. 364, defining sodomy.-LEWIS V. STATE, Tex., 35 S. W. Rep, 372.

69. CRIMINAL LAW-Swindling. In a prosecution for swindling by the negotiation of a worthless note, purporting to be a vendor's lien note, taken by defendant in the sale of land to which he had no title, other notes, taken as a part of the swindling scheme, are admissible in evidence to show the intent of defendant. -HUTCHERSON V. STATE, Tex., 35 S. W. Rep. 375.

70. CRIMINAL PRACTICE - Indictment - Kindred Of fenses.-Kindred offenses, generic in kind, growing out of the same transaction, may be charged in the same indictment, provided they be incorporated in separate counts.-STATE V. WREN, La., 19 South. Rep. 745. 71. CRIMINAL PRACTICE Perjury Indictment. Neither at common law, nor under Rev. St. 1895 (Pen. Code, art. 201), providing that "perjury is a false statement deliberately and willfully made, relating to something past or present, under the sanction of an oath or affirmation," etc., is it necessary for an indictment to allege that the party charged with making the false statements knew they were false when he made them, but it is sufficient to allege that he deliberately and willfully swore falsely.-FERGUSON V. STATE, Tex., 35 S. W. Rep. 369.

72. DECEIT-Fraud-Representations as to Financial Standing.-A person about to enter into a contract with a stranger in a distant State, which required large advances of money, inquired of a member of a banking firm, doing business in the region of the stranger's residence, as to the latter's business character and responsibility. The banker made certain favorable statements, and also solicited and obtained for his firm the banking business connected with the transfer of the funds: Held, that the firm was under no obligation to make a voluntary disclosure of the fact of a considerable indebtedness to them by the stranger arising from his ordinary business transactions, when they had no reason to question his integrity or financial ability. RANDOLPH V. ALLEN, U. S. C. C. of App., 73 Fed. Rep. 23.

73. DEED - Boundaries— Courses and Distances. Where the deeds of adjoining owners, claiming through a common grantor, called by courses and distances for the same line as established by actual survey as the division line, and the line marked by enduring monuments was found, which, with due allowance for variation, agreed with calls of the deed, the line so found was controlling.-FULLER V. WEAVER, Penn., 34 Atl. Rep. 635.

74. DEED-Cancellation.-A party who seeks to cancel a contract of sale because of mutual mistake must allege and show himself prompt, eager, ready and willing to place the other party to such contract in statu quo.-CHRISTIAN V. VANCE, W. Va., 24 S. E. Rep. 596.

75. DEED-Covenants Creating Easement.-Where a deed recites that the grantor, for himself, his heirs and assigns, "doth hereby covenant, promise and agree that the house on the lot adjoining shall be forever bereafter restricted from having any building, or part of a building, attached to said messuage thereon erected of a greater height than ten feet from the surface of the yard," and a subsequent conveyance, by the same grantor, of the adjoining lot, imposes on that grantee and his assigns forever subserviency to such restriction, the covenant must be construed as running with the land, and not as limited to the duration of the building then on such adjoining lot.-LANDELL V. HAMILTON, Penn., 34 Atl. Rep. 663.

76. DEED OF TRUST-Sale.-Where a court orders a trustee to sell land under a deed of trust, it is not re

versible error to omit to give a day to redeem, or to require bond of the trustee before sale, in a case of an injunction by the debtor to restrain a sale by a trustee, no other creditor being involved.-WATTERSON V. MILLER, W. Va., 24 S. E. Rep. 578.

77. DESCENT AND DISTRIBUTION-Adopted Children.Where a child was adopted by a husband, she does not, under Rev. St. 1894, ch. 837 (Rev. St. 1881, § 825), providing that after such adoption she shall be entitled to all the rights of a natural child in the estate of her adopted father, become a child of the wife, so as, on the death of the husband, and a second marriage by the wife, to prevent the wife from alienating the land received from the estate of the first husband.-KEITH V. AULT, Ind., 43 N. E. Rep. 924.

78. DIVORCE-Plea of Reconciliation.-A judgment of separation a mensa et thoro does not warrant a judgment of divorce a vinculo, on the petition of the one against whom it was obtained, if the spouse in whose favor the judgment of separation from bed and board was pronounced pleads, in defense of the suit, willingness to become reconciled.-MAZERAT V. GODEFROY, La., 19 South. Rep. 756.

79. DIVORCE-Support of Children.-Where the cus tody of the children is granted the wife, in a decree of divorce, together with the greater portion of the hus. band's property, a provision requiring payment by the husband of a yearly sum, for seventeen years, for the support of the children, made without respect to the earning capacity of the husband, and without regard to the capacity of the children to earn a livelihood, is unauthorized.-PAPE V. PAPE, Tex., 35 S. W. Rep. 479. 80. DOWER INTEREST-Assignment.-If a widow, before her dower is assigned, conveys her interest, the heir may recover the land in ejectment against her vendee.-BARNETT V. MEACHAM, Ark., 35 S. W. Rep. 533. 81. EASEMENTS-Obstructing Right of Way.-Defendant having built a fence across a private way, over which plaintiff had a right of passage, the latter ap plied to the village trustees to make the way public, which they consented to do, on condition that plaintiff pay defendant's land damages: Held, that the amount so paid could not be recovered as a part of plaintiff's damages, in a suit against defendant for obstructing the way, the injury sustained in paying the same not being the proximate result of defendant's wrongful act.-HOLMES V. FULLER, Vt., 34 Atl. Rep. 699.

82. EJECTMENT - Permanent Obstruction of Street.Abutting property owners, being the owners of the fee in a public street, subject to the easement, can bring ejectment for the permanent obstruction by a third person f the surface of the street adjacent to their property.-THOMAS V. HUNT, Mo., 35 S. W. Rep. 581.

83. ELECTIONS-Ballots and Voting.-St. § 1475, which requires that the voter shall take an oath of disability before his ballot can be marked for him and deposited, is mandatory; and a ballot so marked without his declaration on oath being made is illegal, and cannot be counted.-MAJOR V. BARKER, Ky., 35 S. W. Rep. 513.

84. EMINENT DOMAIN-Award.-Where there are conflicting claims of mortgagees and subsequent grantees as to an award for an easement condemned, an order of the court determining that issue must recite all the facts necessary to show that the successful party is entitled to the award.-GRADY V. NORTHWESTERN LOAN & INVESTMENT Co., Wis., 67 N. W. Rep. 34.

86. EQUITY-Bill to Enjoin Foreclosure Sale.-A crossbill in a State court to foreclose a mortgage was dismissed, but, on appeal, the State supreme court reversed the decree, entered a decree of foreclosure, and appointed its own clerk to make the sale. Thereupon the mortgagors filed in the State court, whose decree was reversed, a bill to enjoin the clerk from making the sale, alleging fraud in the foreclosure decree: Held, that this was not an original bill in the nature of a bill of review, nor was the suit in any sense a mere continuance of the former suit, but, on the contrary, was an independent original suit.-CARVER V. JARVISCONKLIN MORTGAGE TRUST Co., U. S. C. C. (Tenn.), 73 Fed. Rep. 9.

87. EQUITY-Jurisdiction-Ancillary Suits.—A suit in equity, brought by the receiver of an insolvent corporation, appointed by a federal court, against the subscribers to the stock of the corporation, to collect the balances due on their subscription, is within the jurisdiction of such federal court in equity, as an ancillary suit, without regard to the citizenship of the parties, or the adequacy of the remedy at law.-BAUSMAN V. DENNY, U. S. C. C. (Wash.), 73 Fed. Rep. 6).

88. EQUITY-Laches.-When lapse of time is sufficient to raise the presumption of assent, acquiescence, or waiver on the part of plaintiff, or those under whom he claims, he cannot recover unless he rebuts such presumption by a reasonable and satisfactory excuse for the delay in the assertion of his rights not founded on his own laches or neglect.-BRYANT V. GROVES, W. Va., 24 S. E. Rep. 605.

89. EQUITY Quieting Title.-Equity will exercise jurisdiction to remove a cloud resting upon title to real estate (1) where the complainant has only the equitable title, and is either in or out of actual possession, and whether his adversary is in or out of actual possession; (2) where complainant, though having legal title, is in actual possession. It will not exercise such jurisdiction where complainant has legal title, and is not in actual possession, no matter whether his adversary is in or out of actual possession. -MOORE V. MCNUTT, W. Va., 24 S. E. Rep. 62.

90. EQUITY-Reformation of Insurance Policy-Mistake. To authorize the reformation of an insurance policy on the ground of mistake the mistake must have been mutual.-TRUSTEES OF ST. CLARA FEMALE ACADEMY OF SINSINAWA MOUND V. DELAWARE INS. Co., Wis., 66 N. W. Rep. 1140.

91. EQUITY Rescission.-Since the conveyance of his homestead by a grantor cannot be fraudulent as to his creditors, rescission of a deed thereto, executed with intent to defraud the creditors of the grantor, should not be denied on the ground that the parties were in pari delicto.-SALLEE'S EX'R V. SALLEE, Ky., 85 S. W. Rep. 43).

92. ESTOPPEL-Boundaries Fixed by Grantor.-Where a person sells part of a tract of land by general description, and himself subsequently fixes the corners and lines, and permits the grantee to make improvements with reference to the lines thus fixed, he will be bound by his own identification of the land.-GALLAGHER V. KILEY, Tenn., 35 S. W. Rep. 451.

93. EVIDENCE-Irrigation Company-Custom.-Local customs cannot change the law of negligence; but when reasonable, uninterrupted, and uniform, and not contrary to public policy, they may affect the in