DIVES-Continued.
for fraud is not liable for injury to such realty committed
by his grantee, it not appearing that he aided in such in-
jury. Morrow v. Cole, 679.
In an action for injuries to property, where no exception is
taken and no additional issues are tendered, there is no
impropriety in including all forms of injury in a single
issue as to permanent damages. Pinnix v. Canal Co., 124.
The assignor of an easement to maintain a canal across certain
land is not liable for failure to maintain a dam which the
original owner had agreed to do as a consideration of the
grant of the easement. Barringer v. Trust Co., 409.
In an action by a father for the seduction of his minor daughter,
an instruction that damages could be allowed the father
only for a wrong to himself, was properly refused. Willi-
ford v. Bailey, 402.
In an action for damages for the use of a tramway after the
right to use it had expired the measure of damages is the
rental value of the land occupied and in addition the de-
crease in rental value of other land affected by the tram
way. Leigh v. Mfg. Co., 167.
In an action for false arrest the plaintiff may recover punitive
damages if the arrest is accompanied with gross negligence,
malice, insult, oppression, or other circumstances of legal
aggravation. Kelly v. Traction Co.,
369.
The instruction of the trial judge as to exemplary damages in
this case by a father for the seduction of his minor daugh-
ter, is not erroneous. Williford v. Bailey, 402.
It is not necessary in order for a parent to maintain an action
for the seduction of his daughter that he show actual loss
of services. Snider t. Newell, 614.
Exemplary damages may be awarded in an action for malicious
prosecution. Kelly v. Traction Co., 369.
A complaint for an injunction must allege that the defendant
is insolvent and unable to respond in damages. Porter v.
Armstrong, 66.
A wife, sending a telegram to her husband's uncle from W.,
announcing the husband's death and that he would be
buried in L., was entitled to recover for mental anguish
caused by the company's failure to deliver same, and for
the uncle's consequent failure to be with her during her
journey from W. to L., and at the latter place. Bright v.
Telegrapn Co., 317.
DAMAGES-Continued.
If the commissioners of a county take land for a highway w
out authority of law they are liable therefor individuali ̧
Hitch v. Com'rs, 573.
The owner of property must seek compensation for land taken
for a highway in the manner pointed out by statute.
Hitch r. Com'rs, 573.
The doctrine is reaffirmed herein that telegraph companies
are liable in damages for mental anguish or suffering.
Meadows r. Telegraph Co., 40.
DECLARATIONS. See "Evidence."
In an action against a warehouseman to recover damages for
the loss of goods by fire, the declarations of an agent made
after the fire are not admissible. Lyman v. Railroad, 721.
In an indictment for murder, evidence that the accused said
immediately after the shooting, "That was a good shot,
wasn't it, with my left band?" is competent. State v.
Utley, 1022.
In an action to recover for the death of an engineer while at-
tempting to cross a bridge, an exclamation by a bystander
at the time of the accident tending to show the dangerous
condition of the bridge is competent as a part of the res
gestae. Harrill v. Railroad, 655.
DEEDS.
See "Reformation of Instruments."
Acts 1885, Ch. 147, requiring conveyances of land, contracts to
convey and leases to be recorded apply when the grantee
in a deed fails to record his deed until after the probate
of a will of the grantor devising the same land, and after
the registration of a deed for the same land from the de-
visee to a purchaser for value. Bell v. Couch, 346.
A will describing land devised as "one-half of the remainder of
my farm including the house wherein I now live" is not
too indefinite to exclude identification by parol evidence.
Bell v. Couch, 346.
Where a person to defraud his creditors conveys land and after-
wards becomes a voluntary bankrupt and the trustee in
bankruptcy in behalf of the creditors sells the land and the
bankrupt through another becomes the purchaser, whatever
title he gets by the deed of the trustee accrues to the
benefit of the original grantee. Hallyburton v. Slagle, 947.
A deed of a sheriff without a seal attached is not competent
evidence in ejectment to show title. Fisher v. Owens, 686.
DIV Continued.
Where a deed recites that it conveys the land sold by a certain
grantor to a certain grantee, the description of the land
given in the deed referred to cannot be considered without
proof, that such deed was executed prior to the deed
offered in evidence. Johnston v. Case, 795.
No notice, however full or formal, will supply the want of regis-
tration of a deed. Collins v. Davis, 106.
Where the owner of a one-fifth undivided interest in a tract of
land executes a deed purporting to convey his entire in-
terest in the land, but refers to his interest as a one-sixth
undivided interest, such deed passes his entire interest in
the land. Murphy v. Murphy, 360.
In ejectment a sheriff will not be allowed to affix his seal to a
deed, having omitted it by mistake, unless such equity
is set up in the complaint. Fisher v. Owens, 686.
A covenant of warranty in a deed inures to the benefit of the
assigne of the grantee, though the word assign is not used
in the warranty. Wiggins v. Pender, 628.
An unregistered deed is not color of title. Collins v. Davis, 106.
The reconveyance of land by a mortgage by the grantee to
grantor does not extinguish the covenant of warranty in
the deed, and a purchaser at a sale under the mortgage
is protected by the covenant in the original deed. Wiggins
v. Pender, 628.
The fact that a deed has been three times probated and regis-
tered does not affect its competency as evidence. Bell v.
Couch, 346.
Claim and delivery will lie for the recovery of a title deed
if the controversy does not involve the determination of the
title to the land conveyed by it. Pasterfleld v. Sawyer, 258.
The proviso in Acts 1885, Ch. 147, Sec. 1, making actual pos-
session notice to subsequent purchasers, applies only to
deeds executed prior to Dec. 1, 1885. Collins v. Daris, 106
DEDICATION.
Where lots are sold with reference to a street, it amounts to a
dedication, and the grantees have a right to have the street
kept open, although the town had never accepted the street
for public use. Davis v. Morris, 435.
DEMURRER. See "Pleadings."
Where a demurrer goes to the merits of an action (here eject-
ment) judgment sustaining it is conclusive upon the par-
ties, and will bar another action for the same cause. Wil-
loughby r. Stevens, 254.
DEMURRER-Continued.
Where the allegations of a complaint are sufficiently intel.
ble to enable the defendant to know what he is require.
to answer, it is not demurrable, but the remedy is by motion
to make it more definite if it is not sufficiently certain.
Railway Co. v. Main, 445.
A demurrer to a complaint, because it alleges a release to have
been given prior to the injury, is untenable, the record
showing that an amendment had been allowed changing
the date of the release. Railway Co. v. Main, 445.
A demurrer will ie only for defects which appear on the face
of the pleading to which it is opposed. Darison v. Gregory,
389.
A demurrer to the evidence of the plaintiff admits the truth
thereof and any reasonable inference that may be drawn
therefrom. Snyder v. Newell, 614.
DEPOSITION.
Objections to irregularities in the taking of a deposition must
be made in writing and passed on before trial.-Williford
v. Bailey, 402.
The deposition of a witness adjudged to be unable to talk or
remain in court is admissible in evidence. Williford v.
Bailey, 402.
An appearance before a commissioner to take a deposition
waives any irregularity of the commission. Williford v.
Bailey, 402.
DESCENT AND DISTRIBUTION. See "Wills."
The distributive share of a widow consists of one-half of the
personalty after the debts, expenses of administration, her
year's allowance, and specific legacies are deducted from
the total value of the personal estate. Baptist University v.
Borden, 477.
Rents accruing after the death of the testator pass with the
property and must be paid to those to whom such property
belongs. Baptist University v. Borden, 476.
DISMISSAL. See "Non-suit."
DIVORCE.
The usual verification of a complaint in a civil action is in-
sufficient as an affidavit such as is required by Section 1287
of The Code, in an action for divorce. Hopkins v. Hopkins, 22.
In an action for divorce it is improper for counsel in the argu-
ment of the case to state that witnesses of plaintiff had
been bribed, there being no evidence of this fact. Hopkins
v. Hopkins, 22.
In an action for divorce it is improper for counsel to exhibit
the baby of the defendant to the jury and state that if the
divorce should be granted it would disgrace and bastardize
the child. Hopkins v. Hopkins, 22.
In an action for divorce mere neighborhood rumors of improper
relations between defendant and her alleged paramour are
incompetent. Hopkins v. Hopkins, 22.
DOCKETING. See "Appeal;" "Justices of the Peace."
DOWER. See "Wills."
Where property is devised to the widow during her life and
then to a university and she dissents thereto, such property
vests immediately in the university if the property is not
given to the widow in her dower. Baptist University v.
Borden, 476.
EASEMENTS.
The assignor of an easement to maintain a canal across certain
land is not liable for failure to maintain a dam which the
original owner had agreed to do as a consideration of the
grant of the easement. Barringer v. Trust Co., 409.
Where the owner of a part of the servient estate becomes the
owner of an easement thereon, there was a merger only to
the extent of his interest. Barringer v. Trust Co., 409.
An action by the assignor of the owner of an easement, who
held the easement on the condition that he would keep
up a dam, for the purpose of restraining a servient land-
owner from using more water than he was entitled to, does
not establish the liability of the assignor of party owning
the easement to keep up the dam. Barringer v. Trust Co.,
409.
A person cannot bring ejectment against an abutting landowner
for the possession of a street, the landowner having only
an easement thereon and not being in possession. Davis
v. Morris, 435.
An action of trespass cannot be brought against an abutting
landowner for placing his woodpile and pig-pen in the
street. Davis v. Morris, 435.
A contract allowing a timber company to construct and use a
tramway on land of plaintiff for carrying away timber from
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