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DELIVERY.

DELUSION.

and a son of his former marriage.-Collins v. I. NATURE AND COURSE IN GENCombs, 169 S. W. 721,

ERAL. 8 210 (Ky.) Evidence held sufficient to sup: $ 14 (Ky.) Under Ky. St. $8 1401, 4841, port a finding that the consideration for a deed

where a wife devised real estate to her husband, was grossly inadequate.-Lexington & E. Ry.

who died a few hours before her, held, that their Co. v. Napier's Heirs, 169 S. W. 1017.

son took the property by devise from the wife, $211 (Ky.) The charge of fraud, in a suit and not by descent from the husband, and upon to cancel a deed, held not borne out by the his death it passed to the kindred of the wife. proof.-Dotson v. Norman, 169 S. W. 527. 1-Banks v. Cornelison, 169 S. W. 502.

$211 (Mo.) In a suit to set aside a conveyance by a married woman, a finding that she | II. PERSONS ENTITLED AND THEIR was not induced to contract for the sale by

RESPECTIVE SHARES. fraudulent misrepresentations held not contrary

(A) Heirs and Next of Kin. to the weight of the evidence.-Nelson v. Alport, 169 S. W. 94.

$ 27 (Ky.) Under Ky. St. § 1399, a posthuIn a suit by a married woman to set aside a mous child, born eight months after her father's conveyance of her separate property, evidence

death, was his heir, and entitled to inherit his held insufficient to show that the conveyance la

| land, subject to the widow's dower and payment was made as a result of her husband's coercion of the father's debts.--Cole v. Lewis, 169 S. W. and the fraud of the purchaser's agent.-Id.

490. $ 211 (Tex.Civ.App.) In a suit to set aside a

III. RIGHTS AND LIABILITIES OF deed on the ground that the grantor had not

HEIRS AND DISTRIBUTEES. sufficient mental capacity, a verdict for plaintiffs held contrary to the great weight and preponder- (A) Nature and Establishment of Rights ance of the evidence.-Crow v. Childress, 169 S.

in General. W. 927.

$75 (Ky.) Where one of the plaintiffs, in an DEFAULT.

action to foreclose a purchase-money lien on

land, died between the date of the order conSee Judgment, 143.

firming the sale and conveyance to plaintiffs,

who bought in the land, the heirs of such plainDELAY.

tiff, under the direct provisions of Ky. St. S

2063, hold and enjoy the title to the land conSee Carriers, $ 105; Sales, § 421; Telegraphs veved as if the deed had been made to them by

and Telephones, 88 56, 68, 71, 73; Wills, $ name. Likens v. Pate, 169 S. W. 734. 260.

$ 82 (Ky.) Where the children of an intestate

treated property, in which he had only an estate See Carriers, $ 40; Insurance, 8 136; Sales,

by the curtesy, as belonging to him, and divid. 418.

ed it, although it really descended to them from their mother, the rights of the children after di

vision will be upheld, as their shares would See Wills, 8 38.

have been the same in any event.--Martin v.

Franklin, 169 S. W. 599.
DEMAND.

$ 82 (Tenn.) An agreement between the oth

ers entitled to share in the estate of the deSee Executors and Administrators, $ 443. ceased person is not binding on an infant heir.

--Alsobrook v. Orr, 169 S. W, 1165. DEMONSTRATIVE EVIDENCE. $91 (Ky.) An heir cannot sue to recover the

personal property of the intestate, but such acSee Evidence, $ 193.

tion must be maintained by the personal repre

sentative.-Martin v. Franklin, 169 S. W. 599. DEMURRER. See Equity, $ 239; Pleading, $ 211.

DESCRIPTION.
See Boundaries, $ 5; Deeds, $$ 95, 100; Frauds,

Statute of, & 110; Wills, $ 531.
$ 6 (Ky.) Under Ky. St. 88 3554, 3555, the
council of a city of the fourth class may select

DETINUE. the depository in which funds of the city shall $ 18 (Ky.) In an action against a coal com. be kept by the treasurer.-Stephens v. City of pany for the wrongful detention of mules, Ludlow, 169 S. W. 473.

where the only issue was whether the mules Under Ky. St. $$ 3554, 3555, where city coun were those purchased by the plaintiff, evidence cil selects depository in which city funds are to held to sustain a judgment for plaintiffs.-Muhlbe kept, the city, and not the city treasurer, as- enberg Coal Co. v. Hogg, 169 S. W. 981. sumes responsibility for the integrity and solvency of the institution so selected.-Id.

DEVISES.
DEPOSITIONS.

See Wills.
See Affidavits; Appeal and Error, 8 961; Costs,
$ 254; Reference, $ 47.

DISCRETION OF COURT.

See Appeal and Error, $8 954-977; Criminal DEPOSITS.

Law, 88 126, 274, 621, 680, 686, 938; PleadSee Banks and Banking, $ 134.

ing, $ 236.

DISMISSAL AND NONSUIT. See Railroads, 8 58.

See Appeal and Error, $ 784; Conspiracy, $ 40;

Nuisance, § 82; Venue, $ 22. DESCENT AND DISTRIBUTION.

I. VOLUNTARY. See Bastards, $ 1; District and Prosecuting At $7 (Ky.) Under Civ. Code Proc. § 371, the

torneys, & 5; Executors and Administrators; court has no power, after the submission of Judgment, $ 688; Taxation, 88 734, 856; the case to the jury, a motion for a peremptory Wills.

instruction having been sustained, to dismiss For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER

DEPOSITARIES.

DEPOTS.

and give plaintiff another chance to establish , implication so much of section 2136 as allows a his case.-Illinois Cent. R. Co. v. Seibold, 169 | relinquishment of all jointures made after S. W. 610.

marriage, and hence a jointure contract other& 8 (Ky.) Under Civ. Code Prac. $ 371, a wise valid cannot be set aside at the option of a plaintiff cannot, after a motion for a peremp

wife merely because entered into after marriage. tory verdict has been sustained and one of the

-Redwine's Ex'r v. Redwine, 169 S. W. 864. jurors designated as foreman to sign it, dismiss $ 40 (Ky.) Where a husband induced his wife without prejudice.-Illinois Cent. R. Co. v. to enter into an agreement to accept in lieu of Seibold, 169 S. W. 610.

her dower and distributive rights a small share

in his estate, the amount of which the husband DISORDERLY HOUSE.

had understated, the jointure agreement is in

valid, there being no consideration to support it, $17 (Ky.) Evidence that the reputation of as the jointure was less than the wife's statutory defendant's house for peace and good order was share. -Redwine's Ex'r y. Redwine. 169 S. W. bad would not sustain a conviction for main 864. taining a nuisance.-Cook v. Commonwealth, 169 That a husband would have disposed of his S. W. 553.

property, which was mostly personalty, before DISSOLUTION.

his death, had not his wife accepted his proposi

tion to devise and bequeath to her certain propSee Partnership, 88 236, 239, 243, 321.

erty in lieu of her dower and distributive rights,

does not estop the wife from attacking the conDISTRICT AND PROSECUTING tract after the husband's death as void for want

of consideration.-Id. ATTORNEYS. 85 (Ky.) Ky. St. 88 4260, 4260b, have no

DRAINS. application to inheritance taxes collected under

See Appeal and Error, $ 80; Constitutional section 42810 which service the county attor

Law, 88 42, 74, 284; Eminent Domain, $8 ney is required to perform without other extra

71, 167. compensation.-Bosworth V. Batterton, 169 S. W. 506.

I. ESTABLISHMENT AND MAINDISTRICTS.

TENANCE See Drains; Schools and School Districts. $ 18 (Ark.) Under Section 21 of the special

act organizing the St. Francis drainage district DIVORCE.

(Acts 1905, p. 444), the limitation of the

amount of attorney's fees applies to fees for V. ALIMONY, ALLOWANCES, AND the collection of taxes as well as to fees for DispuS.TIÓN OF PROPERTY.

the bringing of suits.-Seitz v. Meriwether, 169

S. W. 1175. $ 238 (Ky.) Where a wife, desirous of sep- |

819 (Ark.) An attorney for the St. Francis aration and alimony, goads her husband into onenin

! drainage district, organized under Acts 1905, fury so that she can take advantage of his

p. 444, who had received a fee in excess of the acts, alimony must be denied, though, as she

amount permitted by section 21, can be comis still his wife, it is the husband's duty to

pelled to refund such excess, even though the care for her in case of her return.--Ahrns y.

payment was voluntarily made, was reasonable, Ahrns, 169 S. W. 720.

and made upon disinterested legal advice.-Seitz $ 275 (Ky.) Under Ky. St. § 2126, a mortgage v. Meriwether, 169 S. W. 1175. by a husband pending action for_divorce, held 8 20 (Ark.) The remedy given by Const. 1874, void as to the wife. -Ellison v. Davis, 169 S. W. 552.

art. 16, § 13, authorizing any citizen of any

county, city, or town to sue to protect the in$ 286 (Ky.) A finding on contradictory proof, habitants against the enforcement of illegal in a suit for limited divorce and alimony, will exactions, will be extended to the taxpapers in not be disturbed on appeal,--Ahrns V. Ahrns,

drainage districts, and they may recover, an 169 S. W. 720.

attorney's fee illegally paid by the board.-Seitz DOCKETS.

v. Meriwether, 169 S. W. 1175. See Trial, g 11.

II. ASSESSMENTS AND SPECIAL

TAXES.
DOCTORS.

8 90 (Ark.) Acts 1905, p. 429, as amended by See Physicians and Surgeons.

Acts 1909, p. 706, authorizing the enforcement

of delinquent drainage taxes in the chancery DOCUMENTS.

court, furnishes the remedy to be thereafter pur

sued for the collection of delinquent taxes, no See Criminal Law, $8 429-444; Evidence, 88 matter for what year they accrued.-O'Barr v. 335-366.

Sanders, 169 S. W. 249.

891 (Ark.) The provision in Acts 1909, p.

710, § 3, amending Acts 1905, p. 437, § 11, proSee Dower, $ 2.

vides a remedy for setting aside a decree of

the chancery court ordering a sale of land for DOWER.

delinquent drainage taxes where the taxes have See Descent and Distribution. $ 27; Specific been paid, and an owner paying taxes is enPerformance, 21.

titled to have a decree directing a sale set aside,

and deeds executed in pursuance thereof canI. NATURE AND REQUISITES. celed.--O'Barr v. Sanders, 169 S. W. 249. § 2 (Ky.) A jointure agreement, entered into while the parties were sojourning in a foreign

DRAMSHOPS. state, held governed by the laws of their domi

See Intoxicating Liquors.
cile, where the husband's property was located.-
Redwine's Ex'r v. Redwine, 169 S. W. 864.

DRUGGISTS.
II. INCHOATE INTEREST.

See Constitutional Law, $ 206; Poisons.
(B) Bar, Release, or Forfeiture.

$3 (Ky.) Under Acts 1910, c. 113, the Ken8 37 (Ky.) Ky. St. $ 2128, allowing married tucky Board of Pharmacy may require that an women to contract as feme sole, repeals by applicant for reciprocal registration in Ken

DOMICILE.

DRUNKARDS.

tucky shall, for one year prior to examination could not recover against them for the loss of in the foreign state, have been a bona fide resi- the office.-Brodie v. Haswell, 169 S. W. 856. dent engaged in the retail drug business therein.-King v. Kentucky Board of Pharmacy, 169 VIII. CONDUCT OF ELECTION. S. W. 600. The fact of a previous application for regis

8216 (Ky.) Ballots voted openly on the table tration as a druggist held not to prevent the

by voters who were not sworn as to their disapplication of subsequent rules adopted by the

ability cannot be counted.-Allen v. Griffith, 169 Board of Pharmacy.-Id.

S. W. 1003.

$ 228 (Ky.) A whole election must be declared void, where a large number of the voters, who

did not declare their disability, voted openly at See Carriers, $ 348.

the tables, and the side of a booth was torn,

down to see how voters cast their ballots.-AlDUE PROCESS OF LAW.

len v. Griffith, 169 S. W. 1003. See Constitutional Law, 88 251-308.

IX. COUNT OF VOTES, RETURNS, DYING DECLARATIONS.

AND CANVASS. See Homicide, $8 203, 215.

$ 255 (Ky.) While county clerk cannot avoid

duty of retaining custody of ballots, though he DYNAMITE.

is a candidate for re-election and contesting his

opponent's election, it was not illegal for him, See Master and Servant, 8 332.

at the request' of persons acting in his oppo

nent's interest. to place the ballot boxes in the EASEMENTS.

vault of a bank. Thomas v. Marshall, 169 S.

W. 615. See Deeds, & 156; Highways; Railroads, $ 69.

X. CONTESTS. I. CREATION, EXISTENCE, AND TER $ 293 (Tenn.) Where ballots have not been MINATION.

properly preserved, and unauthorized persons 8.16 (Ky.) On a severance of' title, the gran

might have had reasonable opportunity to tam

per with them, they are inadmissible.-Stokely tor impliedly conveys all apparent easements on

v. Burke, 169 S. W. 763. the part retained which at the time are used

1 Ballots voted at an election, not having been by him for the benefit of the part conveyed.Stone v. Burkhead, 169 S. W. 489.

properly preserved, and having been three times

counted by unauthorized persons, held inadmis8 17 (Ky.) Where a passway over a mill lot

sible, in a contest to control the returns.-Id. to a store on a lot belonging to the same owner had been used by the public for 40 years prior,

8 295 (Ky.) The ballots at an election, prea grantee of the lot burdened with the way

served and counted during a contest, are better took title subject to the easement.--Stone v.

evidence of the vote cast than the returns, and Burkhead, 169 S. W. 489.

should prevail where there is a difference.Thomas v. Marshall, 169 S. W. 615.

Before a recount of the ballots can be allowed

to rebut the correctness of the official returns, Sce Carriers, 88 355, 381.

it must be proved that they have not been tam

pered with since the election, and are the idenEJECTMENT.

tical ones cast.-Id.

Where election officers discharged their duSee Appeal and Error, $ 1009; Equity, $ 199. ties with unusual fidelity, and agreed at the

time as to the votes cast, convincing evidence 1. RIGHT OF ACTION AND DE that ballots had not been tampered with held FENSES.

necessary before a recount could be allowed to 89 (Mo.) Where land was conveyed to the

overcome the returns.-Id.

Evidence as to possibility that ballots had grantors' daughter-in-law and the heirs of their

been tampered with, and as to their condition son, and the daughter-in-law and her husband

and the condition of the envelope and seals conveyed the land to defendant's grantor in fee, who continued in possession for more than

when produced, held to so discredit them that the period of limitation, the heirs of the son

they could not prevail as against the returns. could not recover the land.—Johnson v. Calvert, 169 S. W. 78.

$ 295 (Tenn.) Where ballots have been prop

erly preserved, they are effective, in an election III. PLEADING AND EVIDENCE. contest, to overthrow the prima facie case made 8 95 (Ark.) Evidence in ejectment for land 783"

by the returns.-Stokely v. Burke, 169 S. W. originally patented to the state as swamp land held to justify a finding of a grant by the state

$ 299 (Ky.) Where the ballots at an election to defendant's predecessors in title.-Carter V.

are preserved, they can be counted during a Goodson, 169 S. W. 806.

contest.—Thomas v. Marshall, 169 S. W. 615.

$ 305 (Tex.Civ. App.) Under Rev. St. 1911, ELECTION.

arts. 3154, 3156, 3158, in proceeding to con

test nomination for congressman at large, no See Wills, 88 782, 800.

appeal lies to the Court of Civil Appeals; that office not being a state office, especially in view of article .3084.--Lane v. McLemore, 169 S. W.

1073. See Appeal and Error, $ 624; Municipal Cor- The Courts of Civil Appeals have no jurisdic. porations, § 918; Schools and School Dis- tion by reason of their general jurisdiction in tricts, 8 97.

civil cases of an appeal in a proceeding to con

test the nomination for congressman at large. VI. NOMINATIONS AND PRIMARY -Id. ELECTIONS.

ELECTRICITY. $ 139 (Ky.) It was the duty of nominee, under Ky. St. 88 1453, 1457, to file his certificate See Constitutional Law, $ 42; Damages, $ 132; of nomination, and, the chairman and secretary Eminent Domain, § 191; Master and Servof the convention having failed to do so, he ant, 88 124, 238, 286, 289, 291.

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

EJECTION.

-Id.

ELECTIONS.

cure

8 14 (Mo.) An electric light company, if not, not violate Bill of Rights, § 13, or Const. f an insurer against injury to others, is bound to 242, by taking without compensation property exercise the highest degree of care.-Hill v. owned by those who cannot claim their damUnion Electric Light & Power Co., 169 S. W. ages because of legal disability.-Shaw v. Board 315.

of Drainage Com’rs of Daviess County, 169 S. § 15 (Mo.) Where an electric light company,

W. 859. using a line of poles owned by a city, was grant: from which the damages for lands taken may be

Drainage Act, $8 14, 31, 32, provide a fund ed permission to replace old poles with new ones, employé of a telephone company, also us- paid, and therefore do not violate Bill of Rights, ing such poles, who went upon a new pole so

$ 13, or Const. § 242, requiring compensation erected to disentangle telephone wires, and was for property condemned.-Id. injured by an electric light wire, held rightfully on the pole.-Hill v. Union Electric Light & III. PROCEEDINGS TO TAKE PROP. Power Co., 169 S. W. 345.

ERTY AND ASSESS COMThat, as claimed, a new pole erected by an

PENSATION. electric light company, using poles owned by a $ 167 (Ky.) Drainage Act, 88 4, 15, 31, 35, city, and authorized to replace old poles with do not violate Const. § 212, giving right of new ones, was not in lieu of an old one held appeal.-Shaw v. Board of Drainage Com’rs of not to affect right of employés of a telephone Daviess County, 169 S. W. 859. company, using the poles, to go upon such pole,

§ 167 (Mo.) That lot owners whose properties where it was intended to serve the purposes of

were assessed for benefits from the widening of the old pole.-Id.

a street were not afforded an opportunity to be $16 (Mo.) Electric light company using line heard on the question of damages did not vioof poles owned by city and also used by tele- late the Constitution, where none of their prop phone company, which replaced an old pole with erty was condemned.-Kansas City v. St. Louis a new one without attaching the wires, permit- & Kansas City Land Co., 169 S. W. 62. ting a defectively insulated wire to come in con Kansas City Charter, art. 6, § 23, relating to tact with a step or handhold, held negligent supplemental proceedings to

errors, des and liable for an injury to a telephone employé. fects, and omission in the original condemnation -Hill v. Union Electric Light & Power Co., 169 proceedings, applied to an assessment of lots S. W, 315.

within the district and owned by persons who Pole erected by electric light company using repudiated the original proceedings to condemn poles owned by a city, if, as claimed, not placed property and assessed benefits for widening & in the place of an old one authorized to be re- street.-Id. moved, held a public nuisance, rendering it lia $ 169 (Mo.) An ordinance providing that all ble, irrespective of negligence, for injuries sus.

private property within described limits “is tained by an employé of a telephone company hereby taken and condemned for public use, while on such pole.--Id.

and that "the amount allowed for private prop. $ 18 (Mo.) Employé of telephone company, erty taken shall be wholly raised by special whose wires were strung upon the same poles assessment made against the property described as electric light wires held only bound to exer- / in the next succeeding section in accordance cise ordinary care to avoid injury from the elec- with article 6 of the charter of Kansas City, tric light wires, and not the same high degree Missouri,” held not void as requiring that the of care imposed upon the electric light company. amount allowed be raised wholly by special -Hill v. Union Electric Light & Power Co., 169 assessment.–Kansas City v. St. Louis & Kan. S. W. 345.

sas City Land Co., 169 S. W. 62. § 19 (Mo.) In telephone trouble man's action

A supplemental ordinance in supplemental against electric light company for injuries, fail proceedings pursuant to Kansas City Charter, ure to prove that insufficiency of the insulation art. 6, § 23, to cure defects in the original proof a light wire was due to decay, wear, or dis- ceedings to condemn land and assess benefits for integration, as alleged in the petition, held im- widening a street, need not definitely describe material where all the evidence showed that the each particular tract erroneously omitted or asinsulation for some reason was worthless.-Hill sessed in the original proceeding, but it is sufv. Union Electric Light & Power Co., 169 S. W. ficient to define the limits of the benefit district. 345.

-Id. In telephone trouble man's action against elec § 185 (Mo.) Where persons whose property is tric light company for injuries, evidence held assessed for the benefits of widening a street insufficient to show as a matter of law that he appear in response to an order of publication in was negligent in failing to wear rubber gloves or supplemental proceedings to cure errors in proin failing to observe a contact between an elec- ceedings to condemn land and assess the bene. tric light wire and a step or handhold on a pole fits, they ordinarily waive their right to object to which the wires had not been attached.-10. to the form of such order.---Kansas City v. St.

Louis & Kansas City Land Co., 169 S. W. 62. ELEVATORS.

$ 191 (Tenn.) A petition to condemn land by

an electric power company incorporated under See Master and Servant, $8 101, 102, 106, 234. Acts 1895, c. 208, and Acts 1909, c. 127, held

not to show that the power was to be supplied EMINENT DOMAIN.

to the public in general, and therefore not to See Constitutional Law, $8 228, 281 ; Courts, 8 | would be used for a public purpose. Voell v.

allege that the land sought to be condemned 188; Judgment, § 713.

Tennessee Eastern Power Co., 169 S. W. 1169. I. NATURE, EXTENT, AND DELEGA

A petition for the condemnation of lands must TION OF POWER.

distinctly show beyond doubt that the land is

to be used for a public purpose, since otherwise 82 (Tex.Civ.App.) The closing of a street by there is no right to condemn.-Id. a city is not a “taking” of property of an abutting owner within Const. art. 1, $ 17, provid- demn land and assess benefits for widening a

$ 243 (Mo.) A judgment in proceedings to coning that no person's property shall be taken, street was not res judicata on the question of etc., for any public use without adequate com- liability of certain land for assessment of benpensation being made.-Stevens v. City of Dub

efits, so as to bar supplemental proceedings lin, 169 S. W. 188.

brought pursuant to Kansas City Charter, art. II. COMPENSATION.

6, § 23, authorizing such proceedings to cure (A) Necessity and Sofficiency in General. proceedings, though the original verdict stated

errors, defects, and omissions in the original $71 (Ky.) Drainage Act, $ 14, requiring the that, as to land lying within the benefit district assessment of all damages unless waived, does / "not hereinbefore mentioned and described, we

assess no benefits," where such land was er- , canceled, held sufficient to give the chancery roneously omitted.-Kansas City v. St. Louis & court jurisdiction.-Hall v. Huff, 169 S. W. Kansas City Land Co., 169 S. W. 62.

792. IV. REMEDIES OF OWNERS OF (E) Demurrer, Exceptions, and Motions, PROPERTY.

$ 239 (Ark.) A demurrer to the complaint ad$ 271 (Tenn.) A landowner whose land is mits the truth of the allegations thereof.-Cor. taken or occupied by another in the exercise ney v. Corney, 169 S. W. 808. of eminent domain, without resort to condemnation proceedings, may sue the taker in an IX. MASTERS AND COMMISSIONERS, ordinary action of damages.-Piercy v. John

AND PROCEEDINGS BEson City, 169 S. W. 765.

FORE THEM. $ 303 (Ky.) The compensation for lands taken 8 401 (Tenn.) Reference to master of quesout of a farm for a railroad right of way is its | tion as to fact which defendant admitted 'held value and the damage to the farm as a whole, erroneous.-State v. Bolt, 169 S. W. 761. without deducting anything for benefits or ad In proceeding on motion for decree against vantages from building the railroad. --Lexing- sheriff for failure to return execution, referton & E. Ry. Co. v. Napier's Heirs, 169 S. W. ence of question whether execution was ever 1017.

received by sheriff held erroneous; this being

the vital issue in the case.-Id. EMPLOYERS' LIABILITY ACTS.

X. DECREE AND ENFORCEMENT See Commerce, $ 27; Death, $ 95.

THEREOF.

§ 430 (Ark.) A decree of the Supreme Court EQUALIZATION.

held not to be set aside on the ground that See Taxation, 88_467, 482, 489, 597.

the same was procured by fraud of the successful party in surreptitiously making a part of

the record on appeal a pleading, not filed, conEQUAL PROTECTION OF THE LAWS. taining statements defamatory of the character See Constitutional Law, $$ 42, 211–230.

of the defeated party.-Corney v. Corney, 169

S. W. 808.
EQUITABLE ESTOPPEL.

ERROR, WRIT OF.
See Estoppel, $8 52–119.

See Appeal and Error.
EQUITY.

ESTATES.
See Cancellation of Instruments; Constitu- See Descent and Distribution; Dower; Ex-

tional Law, 52; Conversion; Drains, 88 ecutors and Administrators; Husband and 90, 91; Estoppel, $$ 52-119; Execution, $ Wife, § 14; Wills. 171; Injunction; Judgment, $$ 427, 461; Liens, 87; Monopolies, $8 24-26; Parti

ESTOPPEL. tion; Quieting Title; Receivers; Reformation of Instruments; Specific Performance; See Appeal and Error, $ 882; Corporations, 8 Subrogation; Trial, 11; Trusts; Wills, s 123; Counties, $ 69; Dower, $40; Gar695.

nishment, $ 241; Insurance, $ 375; Pripci

pal and Agent, $ 25; Trusts, 88 189, 237. I. JURISDICTION, PRINCIPLES, AND MAXIMS.

III. EQUITABLE ESTOPPEL. (A) Nature, Grounds, Subjects, and Extent

(A) Nature and Essentials in General. of Jurisdiction in General.

$ 52 (Mo.) Equitable estoppel or estoppel in 8 39 (Ark.) The chancery court having as- pais means that when a party by his conduct sumed jurisdiction, it properly proceeded to de- or language has caused another reasonably to termine all the rights of the parties in the believe in the existence of a certain state of subject matter.-Hall v. Huff, 169 S. W. 792. things, and, having a right to do so, to act on

the belief he will not be permitted to set up (C) Principles and Maxims of Equity. the contrary.-De Lashmutt v. Teetor, 169 S. $ 65 (Mo.) Where two taxpayers paying a

W. 34. small amount of taxes sued to enjoin the coun

(B) Grounds of Estoppel. ty from paying county funds to nonresident

$ 94 (Ky.) In an action to cancel a deed of experts brought into the state to testify in a land for a railroad right of way, on the grounds criminal trial, not to protect the county treas of the grantor's mental unsoundness and the ury, but to aid accused in such criminal case, inadequacy of the price, held, that the plain, the injunction will be denied on the ground tiffs, as heirs of the grantor, were not estopped that complainants did not come into equity with by conduct questioning the validity of the deed. clean hands.--Peltzer v. Gilbert, 169 S. W. 257. Lexington & E. Ry. Co. v. Napier's Heirs, 169

S. W. 1017. II. LACHES AND STALE DEMANDS. 8 84 (Mo.) The doctrine of laches may only

(E) Pleading, Evidence, Trial, and Re

view. defeat a claim for equitable relief and is not a bar to a claim to land made under a legal ti 8 119 (Tex.Civ.App.) Existence of estoppel tle.-Chilton v. Nickey, 169 S. W. 978.

precluding the person bound from contradicting $ 85 (Mo.) Laches will not be imputed against a recital or admission is one of law for the the state.--State, by Major ex rel. Hopkins, v.

court.-Amarillo Nat. Bank v. Sanborn, 169 S. Excelsior Powder Mfg. Co., 169 S. W. 267.

W. 1075.

EVIDENCE.
IV. PLEADING.
(C) Cross-Bill

See Adverse Possession, $8 112, 114; Affida-
Plea and Answer
Thereto.

vits; Appeal and Error; 88 751, 882, 999

1022, 1050, 1052, 1058; Attachment, $ 374; 8 199 (Ark.) Cross-complaint in ejectment, Banks and Banking, $ 49; Bills and Notes, asking that title to realty described in the com 88 494, 525; Boundaries, $$ 33, 37; Burplaint be quieted and that the instrument under glary, $$ 41, 42; Carriers, $$ 227, 315, 318, which plaintiff claimed an interest therein be 381; Constitutional Law, § 48; Corpora

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER

and

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