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ARGUMENT OF COUNSEL.

See Criminal Law, §§ 713-730; Trial, §§ 1082133.

ARREST.

value.-Brady-Neely Grocer Co. v. De Foe, 169 S. W. 1135.

See Bail; False Personation, § 2; Prisons; allegations as to contract under which attached
Replevin, § 135.

ASSAULT AND BATTERY. See Criminal Law, § 274; Homicide, Indictment and Information, § 189; ons, 86; Witnesses, § 337.

ASSESSMENT.

$374 (Tex.Civ.App.) In action for wrongful attachment on ground that plaintiffs were about to dispose of their property to defraud creditors, goods were purchased from defendant held proper to show existence of malice and rebut the grounds of attachment set up.-Brady-Neely Grocer Co. v. De Foe, 169 S. W. 1135. § 90; In action for wrongfully attaching stock of Weap-goods owned by a firm, evidence that the managing partner was not trying to defraud creditors by holding discount sale held to support verdict for plaintiffs, though other partner did not testify as to his intention.-Id.

See Eminent Domain, 88 71, 169, 185, 243; Municipal Corporations, §§ 408-450; Taxation, 88 351-489.

ASSIGNMENT OF ERRORS.

See Appeal and Error, §§ 501, 719-751.

ASSIGNMENTS.

See Action, § 24; Appeal and Error, § 1036; Corporations, 542; Deeds, § 156; Insurance, § 222; Judgment, §§ 843-847.

I. REQUISITÉS AND VALIDITY. (B) Mode and Sufficiency of Assignment. § 48 (Ky.) Any order which makes an appropriation of a debt or fund amounts to an equitable assignment, where it is such as gives the assignee a present interest in the chose, even though, as between the assignee and assignor, it was intended only as security.—Philadelphia Veneer & Lumber Co. v. Garrison, 169 S. W. 714.

§ 58 (Ky.) The acceptance of an assignment by the debtor is unnecessary to enable the assignee to maintain an action, where the assignment is for the full amount of the debt.-Philadelphia Veneer & Lumber Co. v. Garrison, 169 S. W. 714.

ASSIGNMENTS FOR BENEFIT OF CREDITORS.

See Bankruptcy.

ASSUMPTION.

Of risk, see Master and Servant, §§ 203-224, 280, 288.

ASSUMPTION OF RISK.

See Carriers, § 280.

ATTACHMENT.

See Appeal and Error. §§ 216, 1040; Homestead; Judgment, § 883; Set-Off and Counterclaim, § 29.

I. NATURE AND GROUNDS.

(B) Grounds of Attachment.

821 (Tex.Civ.App.) An attachment must stand or fall according to the facts existing at the date of its issuance, and cannot be based on a subsequent event.-Brady-Neely Grocer Co. v. De Foe, 169 S. W. 1135.

XI. WRONGFUL ATTACHMENT. § 357 (Tex.Civ.App.) It is no defense to a claim for actual damages from wrongful attachment that the plaintiff in attachment had probable cause to believe that ground for attachment existed.-Fisher v. Scherer, 169 S. W. 1133.

§ 373 (Tex.Civ.App.) Petition held sufficient as against an exception for failure to show the articles removed from plaintiffs' store and their value or those remaining in the store and their

Evidence as to the particulars of the trade between the parties and as to the agreement showing how payments had been made and in what way the balance due was to have been paid held properly admitted.-Id.

Plaintiff held properly permitted to testify that money taken from a cash drawer in plaintiffs' store immediately before the attachment was used to pay bills owing when the attachment was levied for the purpose of showing that there was no intent to defraud creditors.

-Id.

$375 (Tex.Civ.App.) The measure of damages for wrongful attachment is ordinarily the value of the goods attached, with interest from the date of seizure.-Fisher v. Scherer, 169 S. W. 1133.

as

to excessive

§ 380 (Tex.Civ.App.) Issue levy held properly submitted to the jury under the petition and evidence.-Brady-Neely Grocer Co. v. De Foe, 169 S. W. 1135.

$381 (Tex.Civ.App.) In an action for wrongful attachment, verdict for plaintiffs in a certain amount "as actual damages over and above the principal and interest of the judgment" held sufficient to warrant the cancellation of the judgment recovered by defendant in the attachment action.-Brady-Neely Grocer Co. v. De Foe, 169 S. W. 1135.

ATTORNEY AND CLIENT.

See Appeal and Error, §§ 232, 715, 1004, 1060; Criminal Law, §§ 713-730, 1090, 1171; District and Prosecuting Attorneys; Drains, §§ 18-20; Executors and Administrators, § 314; Trial, 88 1082-133, 144.

III. DUTIES AND LIABILITIES OF ATTORNEY TO CLIENT.

§ 123 (Ky.) An attorney is bound to disclose his whole knowledge to his client and exercise the utmost degree of good faith in all transactions between them.-Dotson v. Patterson, 169 S. W. 497.

An attorney, employed to clear the title to coal land, held not guilty of impropriety in inducing a sale of his clients' interest to C., releasing his clients from liability for his fee, and joining C. in an endeavor to sell the property at a profit to obtain compensation for his services.-Id.

IV. COMPENSATION AND LIEN OF

ATTORNEY.

(A) Fees and Other Remuneration. § 150 (Ark.) Kirby's Dig. § 4457, entitling an attorney, having a contingent fee, to a reasonable attorney's fee on a compromise of the suit by the parties, held not to give a right of action, where the cause of action was compromised with the attorney's consent.-Hall v. Huff, 169 S. W. 792.

Under Kirby's Dig. § 4457, authorizing an attorney to recover a reasonable fee on compromise by the parties, such fee is not a speculative or contingent fee, but one that is reasonable,

considering the importance of the litigation, the attorney's skill, and the character of his services. -Id.

AUTHORITY.

See Principal and Agent, §§ 122–131.

AUTOMOBILES.

See Highways, § 186; Insurance, § 435; Railroads, 348; Sales, §§ 38, 52, 120, 126, 166, 267, 273, 279, 284, 391, 441.

BAIL.

II. IN CRIMINAL PROSECUTIONS. 894 (Tex.Cr.App.) Proceedings to forfeit bail bonds being governed by the rules governing civil actions, an appeal from a judgment of forfeiture must be dismissed where no briefs as required in civil cases were filed in the lower court and the Court of Criminal Appeals. Thetford v. State, 169 S. W. 1153.

BALLOTS.

See Elections, §§ 216, 228, 255, 293, 295, 299.
BANKRUPTCY.

See Evidence, §§ 272, 366.

I. CONSTITUTIONAL AND STATU-
TORY PROVISIONS.

$9 (Ark.) The federal Bankruptcy Act of 1898 superseded state insolvency laws in so far as they relate to the same subject-matter and affect the same persons; hence state courts should not assume jurisdiction of a general assignment for creditors within four months after the date of the assignment.-Baxter County Pank v. Copeland, 169 S. W. 1180.

BANKS AND BANKING.

See Bills and Notes, § 370; Constitutional
Law, § 52; States, § 44.

II. BANKING CORPORATIONS AND

ASSOCIATIONS.

(C) Stockholders.

§ 48 (Ky.) Under Ky. St. §§ 545, 546, and 595, until transfer of bank stock is registered on the books of the corporation, the creditors may look to the transferror or the transferee, at their election, in enforcing the statutory liability of stockholders.-Robinson-Pettit Co. v. Sapp, 169

S. W. 869.

Where either the transferror or the transferee

of stock in a state bank has been compelled to pay any money on account of the statutory liability of stockholders, which the other in good faith should have paid, he may look to such other for repayment.-Id.

Dissolution.

(E) Insolvency and 877 (Ky.) Under Acts 1912, c. 4, § 18, banking commissioner in liquidating insolvent bank held authorized to sell real estate without consent or direction of the court and upon such terms as he believes to be to the best interests of all.-Ex parte Smith, 169 S. W. 582.

Under Banking Act, when the banking commissioner takes charge of a bank, he may act without an order of the court; his acts being subject to review by the court.-Id.

When the banking commissioner files a report of his administration of a bank, it should lay over for an opportunity to file a petition for a review, and, if none is filed where real estate has been sold, the commissioner should be directed to execute conveyances, as is required when real estate is sold under a judgment.-Id. Where real estate is sold by a bank, of which the banking commissioner takes charge, before he takes charge he should file a report showing the fact, and, if no exceptions are filed to the report, the court should order him to collect any unpaid price and execute a conveyance. -Id.

III. FUNCTIONS AND DEALINGS. (C) Deposits.

$ 134 (Ark.) Where defendant and another executed to a bank a joint note for $3,500, the bank on maturity of the note was entitled to apply defendant's general deposit to its payment; and it was immaterial that the bank had no demand or set-off against the other joint maker, nor could defendant complain that suit was not brought for the whole amount of the note, but only for the balance due.-Rush v. Citizens' Nat. Bank, 169 S. W. 777.

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BILL OF LADING.

§ 49 (Ky.) In an action to enforce the statu- See Bills and Notes. tory liability of a stockholder in an insolvent state bank, evidence held sufficient to support a finding that a transfer of the stock to defendant was absolute and not to secure a debt.-Robin- See Carriers, § 94. son-Pettit Co. v. Sapp, 169 S. W. 869.

Where the transferee of state bank stock for 18 months, and until failure of bank, made no complaint, held, that it could not set up as a defense, to the enforcement of the statutory liability, that the transfer of the stock was fraudulent.-Id.

§ 49 (Tex.Civ.App.) In view of the national Banking Act, § 50, Acts 31st Leg. 2d Ex. Sess. c. 15, 9 (Rev. St. 1911, art. 459), authorizes the commissioner of banking to enforce the individual liability of stockholders in insolvent state banks whenever, in his judgment, such proceeding is necessary, and he need not make a preliminary showing to the court of such necessity.-Collier v. Smith, 169 S. W. 1108.

BILL OF PARTICULARS.

See Pleading, § 320.

BILLS AND NOTES.

See Account Stated, § 20; Appeal and Error, § 1050; Husband and Wife, §§ 85, 216, 232, 238; Judgment, § 715; Taxation, §§ 47, 351; Witnesses, § 149.

I. REQUISITES AND VALIDITY. (F) Validity.

§ 106 (Tex.Civ.App.) Where a corporation sold all its stock to S. & Co., who employed R

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER

1

ARGUMENT OF COUNSEL.

See Criminal Law, §§ 713-730; Trial, §§ 1082133.

ARREST.

value.-Brady-Neely Grocer Co. v. De Foe, 169 S. W. 1135.

$374 (Tex.Civ.App.) In action for wrongful attachment on ground that plaintiffs were about to dispose of their property to defraud creditors,

See Bail; False Personation, § 2; Prisons; allegations as to contract under which attached
Replevin, § 135.

ASSAULT AND BATTERY.

See Criminal Law, § 274; Homicide, $90; Indictment and Information, § 189; Weapons, § 6; Witnesses, § 337.

ASSESSMENT.

See Eminent Domain, §§ 71, 169, 185, 243; Municipal Corporations, 88 408-450; Taxation, §§ 351-489.

ASSIGNMENT OF ERRORS. See Appeal and Error, §§ 501, 719-751.

ASSIGNMENTS.

See Action, § 24; Appeal and Error, § 1036; Corporations, § 542; Deeds, § 156; Insur ance, § 222; Judgment, §§ 843-847.

I. REQUISITES AND VALIDITY. (B) Mode and Sufficiency of Assignment. § 48 (Ky.) Any order which makes an ap propriation of a debt or fund amounts to an equitable assignment, where it is such as gives the assignee a present interest in the chose, even though, as between the assignee and assignor, it was intended only as security.-Philadelphia Veneer & Lumber Co. v. Garrison, 169 S. W. 714.

goods were purchased from defendant held proper to show existence of malice and rebut the grounds of attachment set up.-Brady-Neely Grocer Co. v. De Foe, 169 S. W. 1135.

In action for wrongfully attaching stock of goods owned by a firm, evidence that the managing partner was not trying to defraud creditors by holding discount sale held to support verdict for plaintiffs, though other partner did not testify as to his intention.-Id.

Evidence as to the particulars of the trade between the parties and as to the agreement showing how payments had been made and in what way the balance due was to have been paid held properly admitted.-Id.

Plaintiff held properly permitted to testify that money taken from a cash drawer in plaintiffs' store immediately before the attachment was used to pay bills owing when the attachment was levied for the purpose of showing that there was no intent to defraud creditors.

-Id.

$375 (Tex.Civ.App.) The measure of damages for wrongful attachment is ordinarily the value of the goods attached, with interest from the date of seizure.-Fisher v. Scherer, 169 S. W. 1133.

§ 380 (Tex.Civ.App.) Issue as to excessive levy held properly submitted to the jury under the petition and evidence.-Brady-Neely Grocer Co. v. De Foe, 169 S. W. 1135.

§ 381 (Tex.Civ.App.) In an action for wrongful attachment, verdict for plaintiffs in a cer$ 58 (Ky.) The acceptance of an assignment tain amount "as actual damages over and above by the debtor is unnecessary to enable the as- the principal and interest of the judgment" signee to maintain an action, where the assign-held sufficient to warrant the cancellation of the ment is for the full amount of the debt.-Phila- judgment recovered by defendant in the attachdelphia Veneer & Lumber Co. v. Garrison, 169 ment action.-Brady-Neely Grocer Co. v. De S. W. 714. Foe, 169 S. W. 1135.

ASSIGNMENTS FOR BENEFIT OF CREDITORS.

See Bankruptcy.

ASSUMPTION.

Of risk, see Master and Servant, §§ 203-224, 280, 288.

ASSUMPTION OF RISK.

See Carriers, § 280.

ATTACHMENT.

See Appeal and Error, §§ 216, 1040; Homestead; Judgment, § 883; Set-Off and Counterclaim, § 29.

I. NATURE AND GROUNDS.
(B) Grounds of Attachment.

821 (Tex.Civ.App.) An attachment must stand or fall according to the facts existing at the date of its issuance, and cannot be based on a subsequent event.-Brady-Neely Grocer Co. v. De Foe, 169 S. W. 1135.

XI. WRONGFUL ATTACHMENT. § 357 (Tex.Civ.App.) It is no defense to a claim for actual damages from wrongful attachment that the plaintiff in attachment had probable cause to believe that ground for attachment existed.-Fisher v. Scherer, 169 S. W. 1133.

§ 373 (Tex.Civ.App.) Petition held sufficient as against an exception for failure to show the articles removed from plaintiffs' store and their value or those remaining in the store and their

ATTORNEY AND CLIENT.

See Appeal and Error, §§ 232, 715, 1004, 1060; Criminal Law, §§ 713-730, 1090, 1171; District and Prosecuting Attorneys; Drains, §§ 18-20; Executors and Administrators, § 314; Trial, §§ 1082-133, 144.

III. DUTIES AND LIABILITIES OF ATTORNEY TO CLIENT.

8123 (Ky.) An attorney is bound to disclose his whole knowledge to his client and exercise the utmost degree of good faith in all transactions between them.-Dotson v. Patterson, 169 S. W. 497.

An attorney, employed to clear the title to coal land, held not guilty of impropriety in inducing a sale of his clients' interest to C., releasing his clients from liability for his fee, and joining C. in an endeavor to sell the property at a profit to obtain compensation for his services. Id.

IV. COMPENSATION AND LIEN OF

ATTORNEY.

(A) Fees and Other Remuneration. § 150 (Ark.) Kirby's Dig. § 4457, entitling an attorney, having a contingent fee. to a reasonable attorney's fee on a compromise of the suit by the parties, held not to give a right of action, where the cause of action was compromised with the attorney's consent.-Hall v. Huff, 169 S. W.

792.

Under Kirby's Dig. § 4457, authorizing an attorney to recover a reasonable fee on compromise by the parties, such fee is not a speculative or contingent fee, but one that is reasonable,

considering the importance of the litigation, the attorney's skill, and the character of his services. -Id.

AUTHORITY.

See Principal and Agent, §§ 122-131.

AUTOMOBILES.

See Highways, § 186; Insurance, § 435; Railroads, 348; Sales, §§ 38, 52, 120, 126, 166, 267, 273, 279, 284, 391, 441.

BAIL.

II. IN CRIMINAL PROSECUTIONS. § 94 (Tex.Cr.App.) Proceedings to forfeit bail bonds being governed by the rules governing civil actions, an appeal from a judgment of forfeiture must be dismissed where no briefs as required in civil cases were filed in the lower court and the Court of Criminal Appeals.Thetford v. State, 169 S. W. 1153.

BALLOTS.

See Elections, §§ 216, 228, 255, 293, 295, 299.
BANKRUPTCY.

See Evidence, §§ 272, 366.

I. CONSTITUTIONAL AND STATU-
TORY PROVISIONS.

$9 (Ark.) The federal Bankruptcy Act of 1898 superseded state insolvency laws in so far as they relate to the same subject-matter and affect the same persons; hence state courts should not assume jurisdiction of a general assignment for creditors within four months after the date of the assignment.-Baxter County Bank v. Copeland, 169 S. W. 1180.

BANKS AND BANKING.

See Bills and Notes, § 370; Constitutional
Law, 52; States, § 44.

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Where either the transferror or the transferee

of stock in a state bank has been compelled to pay any money on account of the statutory liability of stockholders, which the other in good faith should have paid, he may look to such other for repayment.-Id.

(E) Insolvency and Dissolution. 877 (Ky.) Under Acts 1912, c. 4, § 18, bankIng commissioner in liquidating insolvent bank held authorized to sell real estate without consent or direction of the court and upon such terms as he believes to be to the best interests of all.-Ex parte Smith, 169 S. W. 582.

Under Banking Act, when the banking commissioner takes charge of a bank, he may act without an order of the court; his acts being subject to review by the court.-Id.

When the banking commissioner files a report of his administration of a bank, it should lay over for an opportunity to file a petition for a review, and, if none is filed where real estate has been sold, the commissioner should be directed to execute conveyances, as is required when real estate is sold under a judgment.-Id. Where real estate is sold by a bank, of which the banking commissioner takes charge, before he takes charge he should file a report showing the fact, and, if no exceptions are filed to the report, the court should order him to collect any unpaid price and execute a conveyance. -Id.

III. FUNCTIONS AND DEALINGS. (C) Deposits.

§ 134 (Ark.) Where defendant and another executed to a bank a joint note for $3,500, the bank on maturity of the note was entitled to apply defendant's general deposit to its payment; and it was immaterial that the bank had no demand or set-off against the other joint maker, nor could defendant complain that suit was not brought for the whole amount of the note, but only for the balance due.-Rush v. Citizens' Nat. Bank, 169 S. W. 777.

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BILL OF LADING.

§ 49 (Ky.) In an action to enforce the statu- See Bills and Notes. tory liability of a stockholder in an insolvent state bank, evidence held sufficient to support a finding that a transfer of the stock to defendant was absolute and not to secure a debt.-Robin- See Carriers, § 94. son-Pettit Co. v. Sapp, 169 S. W. 869.

Where the transferee of state bank stock for 18 months, and until failure of bank, made no complaint, held, that it could not set up as a defense, to the enforcement of the statutory liability, that the transfer of the stock was fraudulent.-Id.

§ 49 (Tex.Civ.App.) In view of the national Banking Act, § 50, Acts 31st Leg. 2d Ex. Sess. c. 15, § 9 (Rev. St. 1911, art. 459), authorizes the commissioner of banking to enforce the individual liability of stockholders in insolvent state banks whenever, in his judgment, such proceeding is necessary, and he need not make a preliminary showing to the court of such necessity.-Collier v. Smith, 169 S. W. 1108.

BILL OF PARTICULARS.
See Pleading, § 320.

BILLS AND NOTES.

See Account Stated, § 20; Appeal and Error, § 1050; Husband and Wife, §§ 85, 216, 232, 238; Judgment, § 715; Taxation, §§ 47, 351; Witnesses, § 149.

I. REQUISITES AND VALIDITY. (F) Validity.

§ 106 (Tex.Civ.App.) Where a corporation sold all its stock to S. & Co., who employed R

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER

to resell, and R. sold stock to defendant, receiving a note to S. & Co. for a part of the price, and another note for the balance, representing commissions, the latter note was not invalid as violating a statute prohibiting the corporation to sell stock except for money paid, labor done, or property actually received.Scheffel v. Smith, 169 S. W. 1131.

II. CONSTRUCTION AND OPERATION. § 121 (Ky.) That one who signed a note as surety signed the name of her principal without authority does not make such surety the principal. Mutual Benefit Life Ins. Co. v. First Nat. Bank, 169 S. W. 1028.

noncompliance with his part of the contract, he
may in an action upon a note given in conse
quence of the contract set up such claim as a
defense.-Dutton v. Million, 169 S. W. 1183.
§ 494 (Ky.) Where the execution of notes is
admitted, the burden of proof is on defendant
to establish the defense of fraud in the procure-
ment of the note.-Pratt v. Rounds, 169 S. W.
848.

§ 525 (Ky.) That a purchaser of notes at a discount of 25 per cent. had purchased many notes from the payee at the same discount did not alone show that he was not a holder in due course, within Negotiable Instrument Act, $$ 25, 52, 56, 57.-Pratt v. Rounds, 169 S. W. 848. submission to the jury as to whether a note $537 (Tex.Civ.App.) Evidence held to require sued on had been executed to prevent a criminal prosecution against one of the parties.-Sanford v. John Finnigan Co., 169 S. W. 624.

IV. NEGOTIABILITY AND TRANSFER.
(C) Transfer Without Indorsement.
§ 211 (Ark.) Where the maker of a note drew
it to its own order, and then indorsed it in
blank, it was, in legal effect, a note payable to
bearer, and no written indorsement was neces-
sary to pass title.-Williamson Bank & Trust See Telegraphs and Telephones, § 36.
Co. v. Miles, 169 S. W. 368.

V. RIGHTS AND LIABILITIES ON IN-
DORSEMENT OR TRANSFER.

(D) Bona Fide Purchasers.

§ 343 (Ky.) That a purchaser before maturity of a note detached from a contract knew that the contract empowered the payee to detach the note did not bring home to him knowledge of any fraud practiced on the maker at the time of the making of the contract and note.-Pratt v. Rounds, 169 S. W. 848.

BLASPHEMY.

BONA FIDE PURCHASERS.

See Bills and Notes, §§ 343-375; Vendor and
Purchaser, §§ 231, 232.

BONDS.

See Appeal and Error, §§ 383, 395, 1236; Bail;
Garnishment, § 241; Insurance, § 21; Mu-
nicipal Corporations, § 918; Principal and
Surety; Replevin, $$ 49, 135; Schools and
School Districts, § 97.

BOOKS.

§ 343 (Tex.Civ.App.) Where R. sold corporate stock to defendant, receiving a note for part of the price, representing commissions, which he transferred to plaintiff, R.'s statement to plain- See Evidence, § 335; Witnesses, § 16. tiff that he had sold stock to defendant did not charge plaintiff with notice that the stock had not been paid for in some of the ways required by law.-Scheffel v. Smith, 169 S. W. 1131.

§ 365 (Ky.) Under Negotiable Instrument Act, notes transferred to a bona ide purchaser are not subject to equities obtaining between the maker and payee.-Pratt v. Rounds, 169 S. W. 848.

$ 370 (Ark.) Where a bank, without knowledge of any defense, purchased a note payable to bearer, giving the seller credit on its books for the amount of the note, the bank is entitled to a directed verdict in an action against the maker, though want of consideration has been shown, and the seller had guaranteed payment. Williamson Bank & Trust Co. v. Miles, 169 S.

W. 368.

§ 373 (Ky.) Under Negotiable Instrument Act, § 124, a maker of a note attached to a contract by a perforated line cannot complain that the note was detached and sold to a third person, where the contract gave authority to the payee to detach it.-Pratt v. Rounds, 169 S. W. 848. § 375 (Tex.Civ.App.) A note given for commissions on a sale of corporate stock is not void ab initio, and hence is within the doctrine of bona fide purchaser.-Scheffel v. Smith, 169 S.

W. 1131.

VII. PAYMENT AND DISCHARGE. § 430 (Ky.) The execution of a new note in place of an old one, to which the wife of one of the signers added her name as surety, does not constitute a novation and discharge the old obligation. Mutual Benefit Life Ins. Co. v. First Nat. Bank, 169 S. W. 1028.

Where a note was renewed, but the maker's name was signed by one without authority so that the new note was not binding, the old note will be considered as still in force.-Id.

VIII. ACTIONS.

BOTTLES.

See Principal and Agent, § 177.

BOUNDARIES.

See Evidence, § 317; Trespass to Try Title, § 47; Vendor and Purchaser, § 231.

I. DESCRIPTION.

$5 (Tex.Civ.App.) Where earlier blocks have already been located on the ground, their location cannot be changed because there is a conflict betwen them and the description of subsequently located blocks.-McSpadden v. Vannerson, 169 S. W. 1079.

II. EVIDENCE, ASCERTAINMENT, AND

ESTABLISHMENT.

833 (Tex. Civ.App.) He who claims land by virtue of a grant from the state, when the boundaries are in issue, must prove the location of such boundaries and that the land in controversy is included therein.-State v. Post, 169 S. W. 401.

§ 37 (Tex.Civ.App.) That a survey was mere ly an office survey may be established by circumstantial evidence.-McSpadden v. Vannerson, 169 S. W. 1079.

$40 (Tex.Civ.App.) In an action involving a disputed boundary of land, the question whether a corner as located by the surveyors was the true corner held, under the evidence, for the jury-McSpadden v. Vannerson, 169 S. W.

1079.

In an action involving a disputed boundary to land, the question whether the line should be governed by courses and distances or by artificial monuments claimed to have been laid out by earlier surveyors held, under the evidence, for the jury.-Id.

$ 451 (Ark.) Whenever a defendant can maintain a cross-action for damages for plaintiff's See Courts, § 231.

BRIDGES.

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