Fi. fa. against personalty when improperly issued
on justice's transcript. (C. P.) Swartz v. Fell, 318.
When attachment may issue against officers of in-
solvent insurance company for failure to fully answer
interrogatories ancillary to an execution. (C. P.)
Carondelet Co. v. Fairmount Ins. Co., 125.
The rule in sheriff's sales is caveat emptor, and there-
fore credit should be allowed a debtor for a bid made
by his creditor at a sheriff's sale of the former's pro-
perty, although the sale passed no title. Wells v.
Vandyke, 161.
A sheriff's sale of the real estate of a married woman
under a judgment entered on a judgment note signed
by herself and her husband, which note was in part
renewal of a former similar judgment note given to
secure purchase-money of such real estate, and in part
to secure a debt due by her husband passes no title.
Prinkey v. Murray, 391.
The grantee in a sheriff's deed of real estate takes
the entire estate of the defendant in the execution,
hence it is immaterial that the operative clause of the
deed contains no words of inheritance. If the defend-
ant in the execution had a fee, a fee passes to the
grantee in the sheriff's deed. Middleton v. Middleton,
309.
Execution against real estate of a decedent upon
judgment obtained in his lifetime. See DECEDENTS'
ESTATES. Middleton v. Middleton, 309.
A landlord who claims as his own goods levied upon
under an execution against the tenant, cannot have
arrears of rent out of the proceeds of sale. Edwards
v. Ward, 22.
Labor done in "sledding bark and making roads
through the woods" for one whose business" is manu-
facturing lumber, shipping the same, peeling and ship-
ping bark, aud making and delivering coss-ties," does
not entitle the laborer to a preferred claim under the
Act of April 9, 1872, unless it is made to appear that
such labor is incidental to the business in question.
White's Appeal, 313.
Execution upon assessment of mutual insurance
company. See INSURANCE. Lycoming Ins. Co. v.
Bixby, 109.
EXECUTORS AND ADMINISTRATORS.
See DECEDENTS' ESTATES.
EXEMPTION. See EXECUTION.
EXPERT. See EVIDENCE.
EXTRADITION. See COMITY.
FEE SIMPLE. See DEED.
FEES. The fees of the sheriff of Lackawanna
County are to be measured by the Luzerne fee-bill of
April 9, 1873. Lackawanna Co. v. Stevens, 86.
Fees of commisioner in equity, how to be measured.
See EQUITY. Peters v. Rand, 539.
Fees of examiner in equity. See EQUITY.
ford Church, 437; Ohlsen v. Reihle, 437.
FIREWORKS, sale of, in Philadelphia. See Mu-
NICIPAL CORPORATIONS. Homer v. Commonwealth, 338.
FOREIGN ATTACHMENT. A writ of attach-
ment and summons may issue when one of the mem-
bers of a firm defendant is a non-resident. (C. P.)
Fretz v. Johnson, 208.
When not summarily dissolved on petition of as-
signees for the benefit of creditors of the defendant.
(C. P.) Lawrence v. Yard, 190.
FORFEITURE of insurance policy. See INSUR-
ANCE. Susquehanna Co. v. Toy Co., 306.
FRAUD. Rescission of contract of sale on ground
of fraud. See SALES. Nelson v. Martin, 448. See
DEBTOR AND CREDitor.
FRAUDS, STATUTE OF. A promise by the
chairman of a political committee that he would be
personally responsible for services to be rendered the
is not a promise to answer for the debt or default of
committee, is an original undertaking ou his part, and
another within the Statute of Frauds. Hibbs v. Wood-
ward, 338.
FURNITURE, works of art, are not. See TAXES
AND TAXATION. Henry C. Lea's Appeal, 61.
GAS AND WATER COMPANIES, exclu-
See CORPORATIONS.
sive privileges of.
GIFT, what not sufficient evidence to sustain a gift
of certain promissory notes either as a gift inter vivos,
or as a donatio causa mortis. Fross's Appeal, 543. See
HUSBAND AND WIFE.
GROUND-RENT. See LANDLORD AND TENANT.
GUARANTY, distinction between contract of
guaranty and suretyship. See SURETY. McBeth v.
Newlin, 129. Riddle v. Thompson, 155.
GUARDIAN AND WARD. The appointment
of a guardian is a final decree on which an appeal lies
to the Supreme Court, but the legal discretion of the
Orphans' Court as to the fitness of the person is not
the subject of review. Pote's Appeal, 289.
Although a bastard may not be looked upon as a
child of its father for any civil purpose, the ties of
nature are respected in regard to its maintenance, and
the putative father is entitled to its custody as against
He is, therefore, a proper person
all but the mother.
to petition the Court for the appointment of a guar-
dian. Ib.
When in a petition for the appointment of a guar-
dian there is a misnomer, but a correct description of
the minor, the record cannot be regarded as a nullity.
The identity of the person is fixed and the misnomer
can be corrected by amendment. Ib.
Under what circumstances a foreign guardian is en-
titled to the custody of the person of his ward. (C.
P.) Commonwealth v. Drynan, 223.
Suit by guardian after majority of minor for a cause
of action accruing during the ward's minority, when
maintainable. (C. P.) Norris ». Gould, 187.
Upon private sale under the Price Act of minor's
interest in real estate of decedent, the Court will di-
rect the handing over of the proceeds of such sale to
the executor of the decedent for the payment of debts.
(0. C.) Yard's Estate, 422.
Expenses of guardin upon an appeal, when to be
allowed. (0. C.) Dougherty's Estate, 32.
HABEAS CORPUS, proceedings for release of
prisoner improperly detained under extradition pro-
ceedings. (U. S. C. C.) In re Jas. W. Miller, 551;
Norton's Case, 395.
HEARSAY. See EVIDENCE.
HEIRS AND NEXT OF KIN. Meaning of
words. See WILL. Ivins's Appeal, 165.
HORSE STEALING. See CRIMES.
HUSBAND AND WIFE. A clergyman or
other persou joining minors in marriage without pub-
lication of banns, and without the consent of the
parents or guardians, is liable in action of debt brought
by the parent of one of the minors to the penalty of
Action on bond given for foreign attachment. See £50 imposed by the Act of February 14, 1729. Reed
BOND. Wright v. Keys, 75.
The defendant is entitled to an affidavit of plaintiff's
cause of action. (C. P.) Rowland v. Red Cross Co.,
468.
HUSBAND AND WIFE-Continued.
The Act of June 2, 1871, does not relieve from lia-
bility in this regard. Ib.
Incomplete ante-nuptial settlement of life insurance
policies; under what circumstances equity will treat
the transaction as completed. (O. C.) Madeira's
Estate, 318.
The judgment note of a married woman, unless
given for the purchase-money of real estate acquired
by her, is absolutely void. Prinkey v. Murray, 391.
A judgment entered upon the bond of a married
woman is absolutely void, and a sheriff's sale of real
estate passes no title. Wells v. Vandyke, 161.
It is not enough that the magistrate's record sets
forth that the debt was contracted "by the wife for
the necessaries of life." (C. P.) Hartzell v. Osborne,
142.
In an action against husband and wife for goods
purchased by the wife dum sola, judgment can be taken
against the wife alone. (C. P.) Wanamaker v. Grey,
112.
After judgment in a scire facias upon a mortgage,
the mortgagors cannot set up in another action that
the mortgage was invalid because not separately ac-
knowledged by one of the mortgagors, a married wo-
man. Michaelis v. Brawley, 505.
A mortgage given by a married woman may contain
an attorney's commission clause, which will be en-
forced against the real estate. (C. P.) Popham v.
Napheys, 350.
Under the Act of February 24, 1770, providing the
mode in which the separate estate of a married woman
may be conveyed, both husband and wife must sign
as well as seal, acknowledge, and deliver the deed.
Miller v. Ruble, 431.
What sufficient evidence of the interest of a feme
sole trader in a store carried on by her in the lifetime
of her husband as against the administrator of the
husband. (C. P.) Young v. Young, 416.
A married woman holding a judgment in her own
name against her husband, joined with him in a con-
veyance of his land, upon which the judgment was a
lien, by deed of general warranty. After the death of
the busband, whose estate was insufficient to satisfy
the judgment, the widow issued a sci. fa. thereon
against her husband's executors, with notice to the
terre tenant, the grantee in the deed, held, that she
was entitled to judgment. Fellbush v. Stevens, 237.
Under what circumstances an attorney bringing suit
for a married woman for a slander will not be com-
pelled to file a warrant of attorney from the husband.
(C. P.) Stener v. Becker, 519.
A married woman should be held to the observance
of that good faith in her dealings with the world to
which others are bound. Grim's Appeal, 273.
Certain land was assigned for the benefit of creditors
subject to a widow's dower, and was subsequently
sold by the assignee at private sale, also subject to
the widow's dower. In a contest over the distribution
of the fund produced by the sale, it was held that the
widow did not have any claim upon this fund for ar-
rears of dower, but that the property itself was still
liable for both the principal and arrears. Alleman's
Appeal, 213.
A husband may carry on business in his own name
as agent for his wife, without thereby vesting her sep-
arate property in himself or rendering it liable for his
debts. Troxell v. Stockberger, 117.
Property bought by a married woman upon her in-
dividual credit, and subsequently paid for solely with
the profits of business in which she engages there
with, is to be regarded as the property of her husband,¦
| HUSBAND AND WIFE-Continued.
and may be levied upon as such by his creditors.
Leinbach v. Templin, 17.
The fact that such married woman has obtained a
decree under the Act of April 3, 1872, does not alter
the case. In order to vest her with an ownership, the
property must have been paid for with her separate
estate other than that realized from the business in
which she was engaged. Ib.
If a married woman having no separate estate pur-
chase real estate for cash with money given her by a
friend, to secure the payment of which the husband
and wife subsequently give their bond, secured by
mortgage upon the property so purchased, she can-
not hold the property as against her husband's credi-
tors. Pier v. Siegel, 480.
Liability of a husband to account for income of the
separate estate of his wife received by him. (O. C.)
M'Arthur's Estate, 320.
Liability of husband for slanderous words of his
wife. (C. P.) Havercamp v. Sheldon, 501.
Under what circumstances a wife paying debts of
her husband out of her own separate estate will not
be permitted to recover such payments from the estate
of her husband after the lapse of many years. Peters's
Appeal, 489.
Right of a husband to claim as the heir or next of
kin of his deceased wife. See WILL. Ivins's Appeal,
165.
What evidence sufficient to sustain a gift of an in-
surance policy by a husband to his wife. Williams's
Appeal, 89.
When property is paid for by the husband and title
taken in the wife's name, the law presumes that a gift
was intended, and when the husband alleges a trust
for himself, he takes the burden of establishing it,
and must show all the essential requisites of that
trust by evidence clear, explicit, and unequivocal.
Earnest's Appeal, 19.
When evidence necessary to rebut presumption of
a gift, when a husband puts the title to real estate in
the name of his wife. (O. C.) McCarron's Estate, 485.
Divorce. Number of papers in which advertise-
ment must be made under Rule XII. § 85. (C. P.)
In re Rules of Court, 174.
Under Rule XVIII. XI. § 75. (C. P.) In re Rules
of Court, 283.
A libel for divorce on the ground of treatment that
endangers life, and renders libellant's condition intol-
erable, which substantially sets forth the cause of
complaint, is sufficient without alleging circumstan-
tially the times and places of grievance. (C. P.)
Spengler v. Spengler, 437.
But the same precision is required which is neces-
sary in a bill in equity. (C. P.) Gillardon v. Gillar-
don, 528. Bainbridge v. Bainbridge, 529.
A libel in divorce was filed and a subpoena issued
on August 18th, returnable on Monday, September
18th, which was the first day of the next term, held,
that the libel was exhibited wi hin the thirty days be-
fore the next term, required by the Act of March 13th,
1815, although the day preceding the return day was
a Sunday. Fordham v. Fordham, 250.
A decree in divorce setting aside all the proceedings
after the libel is final, and an appeal can be taken
therefrom. Ib.
When an amendment of a libel will be allowed.
(C. P.) Clayburgh v. Clayburgh, 365.
Where the service of a libel in divorce is not per-
sonal, the libellant is not a competent witness against
her husband, and in the absence of other evidence a
divorce cannot be decreed. Gilbert's Appeal, 466.
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INJUNCTION. See Equity.
INSPECTION, of corporation books, rights of
stockholders. See CORPORATION. Commonwealth v.
Phoenix Iron Co., 113. (C. P.) Commonwealth v.
Coit, 270.
INSURANCE. Insurance being a contract of
indemnity, policies must have a reasonable construc-
tion in view of the main intent of the parties, having
reference to the par icular nature and situation of the
subject matter insured. Grandin v. Rochester Ins.
Co., 1.
Where the reason of a general condition in a policy
of insurance does not exist in a particular case, the
condition itself becomes meaningless and inoperative.
Where, therefore, a form of policy is used by an insur-
ance company for the insurance of a peculiar kind of
property, which contains general conditions which are
inapplicable to the subject matter of the insurance,
such conditions will be ignored by the Court in con-
struing the contract. Ib.
Where printed clauses in a policy of insurance con-
flict with written clauses therein, the former must
yield to the latter. Ib.
If a policy of insurance be obscure in its meaning,
it must be construed as between the parties, most
strongly against the insurance company which issued
it. Ib.
Where a policy is issued to a party on petroleum,
"his own or held in trust by him for others," a con-
dition in the printed policy "that if the insured is not
the sole, absolute, and unconditional owner of the
property insured, then the policy shall be void," is of
no force. Ib.
Where the answer to an interrogatory in an appli-
cation is ambiguous, the company cannot subsequently
in case of loss, under the policy, set up as a defence
a breach of warranty on the part of the insured in
answering the interrogatory. The company should in
such case demand more specific answers. Lebanon
Ins. Co. v. Kepler, 97.
before his membership, does not forfeit his policy by
not paying the same. Susquehanna Ins. Co. v.
Tunkhannock Co., 306.
Where in an action on a policy of insurance, the de-
fence set up is non-payment of the assessment, the
burden of proof is on the company to show that the
assessment did not cover losses incurred prior to the
time when plaintiff became a member of the associa-
tion. Ib.
The neglect of directors to levy an assessment is not
a defence in an action against a mutual company. (C.
P.) Birnbaum v. Passenger Conductors' Association,
518.
Under what circumstances, an execution will be re-
strained to amounts collected upon assessments.
P.) Seitzinger v. New Era Life Association, 348.
On a general judgment against a mutual company,
the Court will not limit an execution to a particular
fund. (C. P.) McKnight v. Mutual Life Association,
400.
A statement which shows the manner of the ex-
penditure of the moneys of the Lycoming Ins. Co.,
with sufficient clearness to enable the assured to judge
of the necessity for the assessment he is called upon
to pay is sufficient. It need not descend into minute
detail, but must show the amount paid for losses, ex-
penses, etc., separately. (C. P.) Lycoming Ins. Co. v.
Bixby, 109.
Life insurance, unlike fire insurance, is not a mere
contract for indemnity, but is a contract to pay a sum
of money in a certain event. (C. P.) Corson v. Gar-
nier, 451.
Where one has an insurable interest at the time he
procures a policy of insurance on the life of another, the
fact that his interest terminates in the lifetime of the
insured will not deprive him of the right to receive and
retain the insurance money, as against the personal
representatives of the insured, Ib.
A nephew insured the life of his aunt, he being a
creditor of his aunt when the insurance was effected;
the debt was settled before the aunt died. In a con-
test between the nephew and the executor of the aunt
it was held, that the nephew was entitled to the pro-
ceeds of the insurance. Ib.
What sufficient evidence of gift by husband to wife
Where a loss occurs under a policy of fire insurance, of insurance policy. See HUSBAND AND WIFE. Wil-
mere negligence or carelessness on the part of the in-liams's Appeal, 89.
sured in relation to the fire does not constitute a de-
fence which can be set up by the insurance company.
Ib.
A party presenting proofs of loss under a policy of
fire insurance, is not estopped by the valuation of the
goods destroyed therein contained from subsequently
proving a higher valuation. Ib.
Contribution between policies in part covering the
same property. Ib.
Whether where two insurance companies issue
policies which are in part only upon the same prop-
erty, there is such a double insurance as to entitle the
companies to pro-rate ou a loss under the policies, not
determined. Ib.
INTEREST. An action will lie for interest due
on a bond, although the principal is not yet due, and
notwithstanding the fact that the mortgage securing the
boud, provides "in case of default in the payment of
the interest," a special remedy for the collection of
principal and interest by writ of scire facias. Dreer
v. Pennsylvania Company, 527.
When a devise is accepted which is coupled with a
direction to pay "the interest on the incumbrances on
my real estate, and the principal of the incumbrances,
if there be surplus income unexpended," it creates a
personal liability on the part of the devisee to pay the
interest on principal, which may be enforced against
him in an action by any of the incumbrancers. Dreer
v. Penna. Co., 527.
Where an insurance policy contains a provision that
it shall become void in case any incumbrance is Suit may be brought upon an overdue interest coupon
placed upon the property, the condition is broken by in the ordinary form, severed from a railroad corpo-
the entry of judgment by confession upon a warrant ration bond, payable to bearer, and interest may be re-
of attorney, even though the insured have no know-covered upon the amount of the coupon from the date
ledge of the entry of the judgment. Hill v. Penna.
Mutual Fire Insurance Co., 43.
A member of a mutual insurance company who re-
ceives a notice of an assessment, which shows on its
face that it is largely to meet losses which occurred
of maturity, when payment thereof has been refused.
Phila. and Read. R. R. Co. v. Smith, 371.
An interest warrant attached to the bond for pur-
poses of suit is equivalent to a coupon, even though
severed from the bond, and containing no express
words of negotiability, provided it is not made payable defendant, has no priority of lien. Bickel's Appeal,
to any particular person. In such case interest is re- 234.
coverable on the warrant from the time of its ma-
turity. Ib.
Interest should be allowed in all cases of contract
where it is the duty of the debtor to pay money with-
out previous demand by the creditor; the debtor can
only relieve himself of liability by tendering payment
of the debt. West Republic Mining Co. v. Jones, 491.
Under what circumstances interest is not payable
upon the award of a jury of road viewers pending an
appeal, which is subsequently withdrawn. Donaldson
v. Penna. R. R. Co., 312.
A party whose land is appropriated by a railroad
company, is entitled to interest upon the damages
awarded him from the time of the location of the road
upon his land. Getz v. Philada. and Read. R. R. Co.,
357.
Interest may be allowed on an award of the Orphans'
Court, when payment has been delayed by an appeal
taken by the accountant. (O. C.) Brolasky's Estate,
31.
In an action based upon negligence, interest is not
to be included in computing the damages from the time
of the accident to the date of the verdict. Pittsburgh,
etc., R. R. Co. v. Taylor, 37.
As a general rule, pecuniary legacies do not bear
interest until after a year from the testator's death, but
an exception is made where the legacy is to be applied
to the maintenance and education of the legatee. Such
legacy bears interest from the testator's death, even
though the legatees are not minors, and the testator
did not stand in loco parentis. Townsend's Appeal,
443.
Interest on advancements. See DECEDENTS' ESTATES.
Grim's Appeal, 273.
INTERPLEADER. Costs in. See Costs. Black's
Appeal, 308. Generally. See EXECUTION.
INTESTATE LAW. Under what circumstances
children may inherit from estate of adopted brother or
sister. (0. C.) Daisey's Estate, 403. See DECE-
DENTS' ESTATES.
INVESTMENTS, LIABILITY OF TRUS-
TEE. See DECEDENTS' ESTATES. Bentley's Estate,
160.
The Common Pleas have no inherent right to strike
off, vacate, or satisfy a judgment or lien regularly
entered. Their jurisdiction at common law extends
only to the vacating and striking off of judgments or
liens improvidently or irregularly entered. The Acts
of March 27, 1865, and March 14, 1876, authorizing the
satisfaction of judgments in certain cases do not
authorize any interference by the Court with properly
entered mechanics' liens. Stoke v. McCullough, 459.
A judgment entered as security against mechanic's
lien will not be stricken off because of the expiration
of the time in which such liens can be entered. (C. P.)
Mutual Benefit Co. v. Coyle, 239.
Under what circumstances a judgment will not be
opened, on account of collateral allegations of fraud.
(C. P.) Sloan v. Brown, 111.
A judgment confessed by the general partners of a
special partnership in favor of individual creditors of
the special partner who have loaned money to him to
be contributed as special capital, is void as against
partnership creditors. Coffin and Hurlbut's Appeal,
52.
A married woman holding a judgment in her own
name against her husband joined with him in a con-
veyance of his land upon which the judgment was a
lien by deed of general warranty. After the death of
the husband, whose estate was insufficient to satisfy
the judgment, the widow issued a scire facias thereon
against her husband's executors, with notice to the
terre-tenant, the grantee in the deed, held that she was
entitled to judgment. Fellbush v. Stevens, 237.
When a judgment had remained unpaid for a period
of nineteen years and there were circumstances evi-
dencing payment, held, that, on the trial of a scire
facias quare executionem non issued on the judginent,
it was for the jury to say whether or not the same had
been paid. Hess v. Frankenfield, 405.
Restricted judgment, effect of compromise of claim
on. See ACCORD AND SATISFACTION. Hendrick v.
Thomas, 72.
JUROR, ground of challenge.
Buck v. Commonwealth, 521.
JUSTICE OF PEACE. The jurisdiction of
ISSUE. When a word of limitation. See WILL. a justice of the peace is not defeated by the fact that
Carroll v. Burns, 553.
the original claim exceeds $100, if it has been reduced
ISSUE, DEVISAVIT VEL NON. See WILL. below that amount by payments. (C. P.) Borten v.
Hall, 64.
JOINT DEBTORS. When one of two joint
debtors in a joint judgment note which has been duly
entered up, pays, under execution, the amount thereof,
taking an assignment of record of the judgment to his
use, he is entitled to b subrogated to the creditor's
rights against the estate of his co-obligor, to the ex-
tent that he has paid his co-obligor's proportion of the
de t. Ackerman's Appeal, 294.
JUDGMENT. A. held two judgments against
the same defendant. He undertook to revive the
former, but by mistake both his præcipe and scire
facias referred to the latter. A rule being taken by
him to amend the record, after the expiration of the
lien of the first judgment, so as to correct the error,
held, that this could not be done so as to prejudice the
rights of an intermediate judgment creditor, whose
judgment was entered prior to the expiration of the
lien of A.'s first judgment, and prior to the entry of
the second judgment. Duffey v. Houtz, 291.
Where a prior judgment is docketed and indexed in
a wrong name, a subsequent judgment docketed in the
same name, but indexed in the correct name of the
When the record of a justice fails to show jurisdic-
tion of the defendant, a magistrate's judgment will
be reversed on certiorari after the lapse of ten years.
(C. P.) Kelly v. March, 30.
In an action against a married woman, the record
must do more than recite that the debt was contracted
"by the wife for the necessaries of life." (C. P.)
Hartzell v. Osborne, 142.
When a witness neglects to appear before a magis-
trate or notary the proper practice is to obtain a rule
to show cause why an attachment should not issue.
(C. P.) Trimble v. Barnard, 127.
In a preliminary hearing before a magistrate the
credibility of a witness who swears to the offence can-
not be attacked. (Mag Ct.) Com'th v. Roop, 419.
A writ of error will not lie to the judgment of the
Common Pleas upon a certiorari bringing up the re-
cord of a justice of the peace under the provisions of
the Act of July 7, 1879. Penna. Pulp Co. v. Stough-
ton, 412.
Upon an appeal from a justice of the peace, a copy
of the transcript and bill of particulars should be
JUSTICE OF THE PEACE-Continued.
served on the defendant. (C. P.) Herner v. Frank,
The Common Pleas has no right to strike off the
judgment of a justice upon the ground that the justice
had exceeded his powers in amending his record by
correcting the name of one of the defendants. Geh-
man v. Christ, 171.
If the justice was in error in amending his tran-
script the proper remedy was by appeal or certiorari.
Ib.
Under what circumstances, execution cannot issue
upon the transcript of a justice's judgment certified
into another county. (C. P.) Swartz v. Fell, 318.
When a justice of the peace in taking the acknowl-
edgment of a mortgage fails to show upon the record
that he was a justice of the county where the lands
lay, the defect is not fatal. It will be presumed that
he was a justice for some county in the State, and that
is sufficient. Ross's Appeal, 217.
A magistrate de jure who pending the determination
of contested election proceedings has been prevented
from exercising his fauctions, but who has prosecuted
his claim with diligence is entitled to his salary for
the entire term. (C. P.) Rink v. Philadelphia, 345.
LACHES. When a bar to proceedings in the
Orphans' Court. (O. C) Arbuckle's Estate, 304.
LANDS. Contract for sale of, when merged in
deed. See DEEDS. Schenley v. Pittsburgh, 262.
The recording of certificate of incorporation is notice
to purchasers of lands described therein. See COR-
PORATIONS. Stockwell v. McHenry, 323.
See EJECTMENT. LIMITATIONS. TAXES AND TAXA-
TION. TAX. SALES. VENDOR AND VENDER.
LANDLORD AND TENANT. In the absence
of an express contract one tenant in common cannot
recover from another for use and occupation of the
common land either at law or in equity. (C. P.)
Norris v. Gould, 187.
A tenant in a proceeding by his landlord to recover
possession may show in de'ence that the title of the
landlord has come to an end by expiration by the land-
lord's act, or that it has been divested by act of law.
Smith v. Crosland, 211.
Under what circumstances a tenant under a mining
lease may dispute the title of his landlord. Kemble
Iron Co. v. Scott, 220.
Where a landlord claims to be the owner of goods
taken in execution as the property of his tenant, he
cannot claim as landlord a preference for the arrears
of rent in the distribution of the proceeds of sale.
Edwards's Appeal, 22.
A lease for twenty years of an exclusive right for
the sole and only purpose of mining for petroleum in
certain lands passes an interest in the land itself to
the lessee. He has an estate in the land and not a
lien merely. Hence the lessee is not bound by an
amicable partition made by a purchaser under a
mortgage of the interest of one of the tenants in com-
mon, who owned the lots with the other tenants in
common which divides the land to his prejudice.
Duke v. Hague, 353.
What a sufficient averment of entry and eviction
by landlord to bar recovery for rent in arrear. (C.
P.) Willcox v. Phila. Sectional Company, 367.
Liability of surety for tenant. (C. P.) Traeger v.
Hartnett, 300.
Lease of land by father to a firm composed of himself
and son, construed as to right of parties to damages
by appropriation of their land by a railroad. Getz v.
Phila. & Read. R. R. Co., 357.
LANDLORD AND TENANT-Continued.
Ground-rent. Where by the terms of a ground-
rent deed a perpetual rent is reserved with a proviso,
that if the grantee, his heirs and assigns, should
within teu years from the date thereof pay to the
grantor a capitalized sum, and the arrearages of said
rent, then said rent should cease and be extinguished,
and the covenant for payment thereof should be void,
the rent is not redeemable after the period has
elapsed. Palairet v. Snyder, 180.
The Act of April 22, 1850, does not apply to such a
deed, but only prohibits the reservation of ground-
rents not perpetual in their inception, but to become
perpetual upon the failure of the vendee to comply
with a covenant or condition therein expressed. b.
In actions of covenant sur ground rent deeds, two
returns of nihil habet are equivalent to a service,
whether the defendant be living or dead, so as to
entitle the plaintiff to judgment for want of an appear-
ance, and the sheriff having returned nihil in the alias
will not be permitted to amend his return to mortuus
est upon being notified that the defendant is dead.
(C. P.) Clare v. Symington, 401.
LEGACIES. Construction of will, involving an
abatement of legacies. See WILL. (0. C.) Walu's
Estate, 301.
Interest on, when payable. See INTEREST. Town-
send's Appeal, 443.
Whether general or specific. See WILL. Sponsler's
Appeal, 321.
LETTERS ROGATORY. See PRACtice.
LICENSE, to use patented machine construed.
(U. S. C. C.) McKay, Trustee, v. Mace, 503.
To sell liquor. See CONSTITUTIONAL LAW. Hadtner
v. Williamsport, 138.
LIEN. Of attorney for fees. See ATTORNEY AND
CLIENT. McKelvy's Appeal, 564.
Lien of execution on after acquired real estate. See
Execution. Ross's Appeal, 217.
Lien of owelty money. See PARTITION. Holman's
Appeal, 227. See MECHANICS' LIENS. MUNICIPAL
CLAIMS.
LIFE TENANT. When ordered to enter
security under the Act of May 10, 1881. Schuurman's
Appeal, 280.
LIMITED PARTNERSHIP. See PARTNER-
LIQUORS. The Act of April 12, 1875, which
prohibits the sale of liquor upon Sunday, and pro-
vides 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 imprisonment. Sifred v. Commonwealth,
373.
Constitutionality of Acts relating to liquor licenses.
See Constitutional Law. Hadtner v. Williamsport,
138.
LUNATIC, proceedings in forma pauperis, when
not allowed. (C. P.) In re James Cusick, 469.
Discharge of criminal acquitted of homicide on
ground of insanity. See CRIMES. (O. & T.) Common-
wealth v. Bennett, 515.
MAGISTRATE. See JUSTICE OF PEACE.
MANDAMUS.
Where in a petition for manda-
mus a good prima facie case appears the ordinary
practice is to direct an alternative mandamus.
When, however, a rule to show cause why a peremp-
tory mandamus should not issue is granted and served,
the Court may in a proper case issue a peremptory
mandamus in the first instance. Commonwealth v.
Hyde Park, 506.
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