and a son of his former marriage.-Collins v. Combs, 169 S. W. 721. $210 (Ky.) Evidence held sufficient to support a finding that the consideration for a deed was grossly inadequate.-Lexington & E. Ry. Co. v. Napier's Heirs, 169 S. W. 1017. §211 (Ky.) The charge of fraud, in a suit to cancel a deed, held not borne out by the proof.-Dotson v. Norman, 169 S. W. 527. § 211 (Mo.) In a suit to set aside a conveyance by a married woman, a finding that she was not induced to contract for the sale by fraudulent misrepresentations held not contrary to the weight of the evidence.-Nelson v. Alport, 169 S. W. 94. In a suit by a married woman to set aside a conveyance of her separate property, evidence held insufficient to show that the conveyance was made as a result of her husband's coercion and the fraud of the purchaser's agent.-Id. § 211 (Tex.Civ.App.) In a suit to set aside a deed on the ground that the grantor had not sufficient mental capacity, a verdict for plaintiffs held contrary to the great weight and preponderance of the evidence.-Crow v. Childress, 169 S. W. 927. DEFAULT. See Judgment, § 143. DELAY. See Carriers, § 105; Sales, § 421; Telegraphs and Telephones, §§ 56, 68, 71, 73; Wills, § 260. DELIVERY. I. NATURE AND COURSE IN GENERAL. where a wife devised real estate to her husband, $14 (Ky.) Under Ky. St. §§ 1401, 4841, who died a few hours before her, held, that their and not by descent from the husband, and upon son took the property by devise from the wife, his death it passed to the kindred of the wife. -Banks v. Cornelison, 169 S. W. 502. II. PERSONS ENTITLED AND THEIR RESPECTIVE SHARES. (A) Heirs and Next of Kin. § 27 (Ky.) Under Ky. St. § 1399, a posthumous child, born eight months after her father's death, was his heir, and entitled to inherit his land, subject to the widow's dower and payment of the father's debts.-Cole v. Lewis, 169 S. W. 490. III. RIGHTS AND LIABILITIES OF (A) Nature and Establishment of Rights $75 (Ky.) Where one of the plaintiffs, in an action to foreclose a purchase-money lien on land, died between the date of the order confirming the sale and conveyance to plaintiffs, who bought in the land, the heirs of such plaintiff, under the direct provisions of Ky. St. § veyed as if the deed had been made to them by 2063, hold and enjoy the title to the land conname.-Likens v. Pate, 169 S. W. 734. § 82 (Ky.) Where the children of an intestate treated property, in which he had only an estate by the curtesy, as belonging to him, and divid See Carriers, § 40; Insurance, § 136; Sales, 8 ed it, although it really descended to them from 418. See Wills, § 38. DELUSION. DEMAND. See Executors and Administrators, § 443. DEMONSTRATIVE EVIDENCE. See Evidence, § 193. DEMURRER. See Equity, § 239; Pleading, § 211. DEPOSITARIES. §6 (Ky.) Under Ky. St. §§ 3554, 3555, the council of a city of the fourth class may select the depository in which funds of the city shall be kept by the treasurer.-Stephens v. City of Ludlow, 169 S. W. 473. Under Ky. St. §§ 3554, 3555, where city council selects depository in which city funds are to be kept, the city, and not the city treasurer, assumes responsibility for the integrity and solvency of the institution so selected.-Id. DESCENT AND DISTRIBUTION. See Bastards, § 1; District and Prosecuting Attorneys, 5; Executors and Administrators; Judgment, § 688; Taxation, §§ 734, 856; Wills. their mother, the rights of the children after division will be upheld, as their shares would have been the same in any event.-Martin v. Franklin, 169 S. W. 599. § 82 (Tenn.) An agreement between the others entitled to share in the estate of the deceased person is not binding on an infant heir. -Alsobrook v. Orr, 169 S. W. 1165. 891 (Ky.) An heir cannot sue to recover the personal property of the intestate, but such action must be maintained by the personal representative.-Martin v. Franklin, 169 S. W. 599. I. VOLUNTARY. court has no power, after the submission of 87 (Ky.) Under Civ. Code Proc. § 371, the the case to the jury, a motion for a peremptory instruction having been sustained, to dismiss For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER and give plaintiff another chance to establish his case. Illinois Cent. R. Co. v. Seibold, 169 S. W. 610. §8 (Ky.) Under Civ. Code Prac. § 371, a plaintiff cannot, after a motion for a peremptory verdict has been sustained and one of the jurors designated as foreman to sign it, dismiss without prejudice.-Illinois Cent. R. Co. v. Seibold, 169 S. W. 610. DISORDERLY HOUSE. § 17 (Ky.) Evidence that the reputation of defendant's house for peace and good order was bad would not sustain a conviction for maintaining a nuisance.-Cook v. Commonwealth, 169 S. W. 553. implication so much of section 2136 as allows a relinquishment of all jointures made after marriage, and hence a jointure contract otherwise valid cannot be set aside at the option of a wife merely because entered into after marriage. -Redwine's Ex'r v. Redwine, 169 S. W. 864. $40 (Ky.) Where a husband induced his wife to enter into an agreement to accept in lieu of her dower and distributive rights a small share in his estate, the amount of which the husband had understated, the jointure agreement is invalid, there being no consideration to support it, as the jointure was less than the wife's statutory share.-Redwine's Ex'r v. Redwine, 169 S. W. 864. That a husband would have disposed of his property, which was mostly personalty, before his death, had not his wife accepted his proposition to devise and bequeath to her certain property in lieu of her dower and distributive rights, does not estop the wife from attacking the contract after the husband's death as void for want of consideration.-Id. DRAINS. See Appeal and Error, § 80; Constitutional Law, $ 42, 74, 284; Eminent Domain, §§ 71, 167. I. ESTABLISHMENT AND MAIN TENANCE. § 18 (Ark.) Under section 21 of the special act organizing the St. Francis drainage district (Acts 1905, p. 444), the limitation of the amount of attorney's fees applies to fees for the collection of taxes as well as to fees for the bringing of suits.-Seitz v. Meriwether, 169 S. W. 1175. 819 Ark.) An attorney for the St. Francis drainage district, organized under Acts 1905, P. 444, who had received a fee in excess of the pelled to refund such excess, even though the amount permitted by section 21, can be compayment was voluntarily made, was reasonable, and made upon disinterested legal advice.-Seitz v. Meriwether, 169 S. W. 1175. art. 16, § 13, authorizing any citizen of any § 20 (Ark.) The remedy given by Const. 1874, county, city, or town to sue to protect the inhabitants against the enforcement of illegal exactions, will be extended to the taxpapers in drainage districts, and they may recover, an attorney's fee illegally paid by the board.-Seitz v. Meriwether, 169 S. W. 1175. II. ASSESSMENTS AND SPECIAL TAXES. § 90 (Ark.) Acts 1905, p. 429, as amended by Acts 1909, p. 706, authorizing the enforcement of delinquent drainage taxes in the chancery court, furnishes the remedy to be thereafter pursued for the collection of delinquent taxes, no See Criminal Law, §§ 429-444; Evidence, §§ matter for what year they accrued.-O'Barr v. 335-366. See Dower, § 2. DOMICILE. DOWER. Sanders, 169 S. W. 249. 891 (Ark.) The provision in Acts 1909, p. 710, § 3, amending Acts 1905, p. 437, § 11, provides a remedy for setting aside a decree of the chancery court ordering a sale of land for 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 canceled.-O'Barr v. Sanders, 169 S. W. 249. DRAMSHOPS. I. NATURE AND REQUISITES. $2 (Ky.) A jointure agreement, entered into while the parties were sojourning in a foreign 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. See Constitutional Law, § 206; Poisons. 83 (Ky.) Under Acts 1910, c. 113, the Kentucky Board of Pharmacy may require that an applicant for reciprocal registration in Ken tucky shall, for one year prior to examination in the foreign state, have been a bona fide resident engaged in the retail drug business therein. King v. Kentucky Board of Pharmacy, 169 S. W. 600. The fact of a previous application for registration as a druggist held not to prevent the application of subsequent rules adopted by the Board of Pharmacy.-Id. DRUNKARDS. See Carriers, § 348. DUE PROCESS OF LAW. See Constitutional Law, §§ 251-308. DYING DECLARATIONS. See Homicide, §§ 203, 215. DYNAMITE. See Master and Servant, § 332. EASEMENTS. See Deeds, § 156; Highways; Railroads, § 69. I. CREATION, EXISTENCE, AND TERMINATION. § 16 (Ky.) On a severance of title, the grantor impliedly conveys all apparent easements on the part retained which at the time are used by him for the benefit of the part conveyed.Stone v. Burkhead, 169 S. W. 489. § 17 (Ky.) Where a passway over a mill lot to a store on a lot belonging to the same owner had been used by the public for 40 years prior, a grantee of the lot burdened with the way took title subject to the easement.-Stone v. Burkhead, 169 S. W. 489. EJECTION. See Carriers, §§ 355, 381. EJECTMENT. § 293 (Tenn.) Where ballots have not been properly preserved, and unauthorized persons might have had reasonable opportunity to tamper with them, they are inadmissible.—Stokely v. Burke, 169 S. W. 763. Ballots voted at an election, not having been properly preserved, and having been three times counted by unauthorized persons, held inadmissible, in a contest to control the returns.-Id. served and counted during a contest, are better § 295 (Ky.) The ballots at an election, preevidence of the vote cast than the returns, and 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, it must be proved that they have not been tampered with since the election, and are the identical ones cast.-Id. Where election officers discharged their du See Appeal and Error, & 1009; Equity, § 199. ties with unusual fidelity, and agreed at the I. RIGHT OF ACTION AND DE FENSES. time as to the votes cast, convincing evidence that ballots had not been tampered with held necessary before a recount could be allowed to overcome the returns.-Id. Evidence as to possibility that ballots had been tampered with, and as to their condition and the condition of the envelope and seals when produced, held to so discredit them that they could not prevail as against the returns. $9 (Mo.) Where land was conveyed to the grantors' daughter-in-law and the heirs of their son, and the daughter-in-law and her husband conveyed the land to defendant's grantor in fee, who continued in possession for more than the period of limitation, the heirs of the sonId. could not recover the land.-Johnson v. Calvert, 169 S. W. 78. § 295 (Tenn.) Where ballots have been properly preserved, they are effective, in an election contest, to overthrow the prima facie case made 763. III. PLEADING AND EVIDENCE. $95 (Ark.) Evidence in ejectment for land, 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 to defendant's predecessors in title.-Carter v. Goodson, 169 S. W. 806. ELECTION. See Wills, §§ 782, 800. ELECTIONS. See Appeal and Error, § 624; Municipal Corporations, § 918; Schools and School Districts, § 97. VI. NOMINATIONS AND PRIMARY ELECTIONS. § 139 (Ky.) It was the duty of nominee, under Ky. St. §§ 1453, 1457, to file his certificate of nomination, and, the chairman and secretary of the convention having failed to do so, he § 299 (Ky.) Where the ballots at an election are preserved, they can be counted during a contest.-Thomas v. Marshall, 169 S. W. 615. $305 (Tex.Civ.App.) Under Rev. St. 1911, arts. 3154, 3156, 3158, in proceeding to contest nomination for congressman at large, no 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. The Courts of Civil Appeals have no jurisdic tion by reason of their general jurisdiction in civil cases of an appeal in a proceeding to contest the nomination for congressman at large. -Id. ELECTRICITY. See Constitutional Law, § 42; Damages, § 132; Eminent Domain, § 191; Master and Servant, §§ 124, 238, 286, 289, 291. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER § 14 (Mo.) An electric light company, if not an insurer against injury to others, is bound to exercise the highest degree of care.-Hill v. Union Electric Light & Power Co., 169 S. W. 345. § 15 (Mo.) Where an electric light company, using a line of poles owned by a city, was grant ed permission to replace old poles with new ones, employé of a telephone company, also using such poles, who went upon a new pole so erected to disentangle telephone wires, and was injured by an electric light wire, held rightfully on the pole.-Hill v. Union Electric Light & Power Co., 169 S. W. 345. That, as claimed, a new pole erected by an electric light company, using poles owned by a city, and authorized to replace old poles with new ones, was not in lieu of an old one held not to affect right of employés of a telephone company, using the poles, to go upon such pole, where it was intended to serve the purposes of the old pole.-Id. not violate Bill of Rights, § 13, or Const. § 242, by taking without compensation property owned by those who cannot claim their damages because of legal disability.-Shaw v. Board of Drainage Com'rs of Daviess County, 169 S. W. 859. from which the damages for lands taken may be III. PROCEEDINGS TO TAKE PROP. § 167 (Ky.) Drainage Act, §§ 4, 15, 31, 35, do not violate Const. § 242, giving right of appeal.-Shaw v. Board of Drainage Com'rs of Daviess County, 169 S. W. 859. § 167 (Mo.) That lot owners whose properties were assessed for benefits from the widening of 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 propphone 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 cure errors, deand 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. 345. within the district and owned by persons who repudiated the original proceedings to condemn property and assessed benefits for widening a re-street.-Id. Pole erected by electric light company using poles owned by a city, if, as claimed, not placed in the place of an old one authorized to be moved, held a public nuisance, rendering it liable, irrespective of negligence, for injuries sus tained by an employé of a telephone company while on such pole.-Id. § 18 (Mo.) Employé of telephone company, whose wires were strung upon the same poles as electric light wires held only bound to exercise ordinary care to avoid injury from the electric light wires, and not the same high degree of care imposed upon the electric light company. -Hill v. Union Electric Light & Power Co., 169 S. W. 345. 819 (Mo.) In telephone trouble man's action against electric light company for injuries, failure to prove that insufficiency of the insulation of a light wire was due to decay, wear, or disintegration, as alleged in the petition, held immaterial where all the evidence showed that the insulation for some reason was worthless.-Hill v. Union Electric Light & Power Co., 169 S. W. 345. In telephone trouble man's action against electric light company for injuries, evidence held insufficient to show as a matter of law that he was negligent in failing to wear rubber gloves or in failing to observe a contact between an electric light wire and a step or handhold on a pole to which the wires had not been attached. Id. ELEVATORS. § 169 (Mo.) An ordinance providing that all private property within described limits "is hereby taken and condemned for public use," and that "the amount allowed for private property taken shall be wholly raised by special assessment made against the property described in the next succeeding section in accordance with article 6 of the charter of Kansas City, Missouri," held not void as requiring that the amount allowed be raised wholly by special assessment.-Kansas City v. St. Louis & Kansas City Land Co., 169 S. W. 62. A supplemental ordinance in supplemental proceedings pursuant to Kansas City Charter, art. 6, § 23, to cure defects in the original pro ceedings to condemn land and assess benefits for widening a street, need not definitely describe each particular tract erroneously omitted or assessed in the original proceeding, but it is sufficient to define the limits of the benefit district. -Id. § 185 (Mo.) Where persons whose property is assessed for the benefits of widening a street appear in response to an order of publication in supplemental proceedings to cure errors in proceedings to condemn land and assess the benefits, they ordinarily waive their right to object to the form of such order.-Kansas City v. St. Louis & Kansas City Land Co., 169 S. Ŵ. 62. § 191 (Tenn.) A petition to condemn land by an electric power company incorporated under See Master and Servant, §§ 101, 102, 106, 234. Acts 1895, c. 208, and Acts 1909, c. 127, held EMINENT DOMAIN. See Constitutional Law, §§ 228, 281; Courts, 8 would be used for a public purpose.-Noell v. 188; Judgment, § 713. I. NATURE, EXTENT, AND DELEGA- § 2 (Tex.Civ.App.) The closing of a street by a city is not a "taking" of property of an abutting owner within Const. art. 1, § 17, providing that no person's property shall be taken, etc., for any public use without adequate compensation being made.-Stevens v. City of Dublin, 169 S. W. 188. II. COMPENSATION. (A) Necessity and Sufficiency in General. 871 (Ky.) Drainage Act, § 14, requiring the assessment of all damages unless waived, does not to show that the power was to be supplied to the public in general, and therefore not to allege that the land sought to be condemned Tennessee Eastern Power Co., 169 S. W. 1169. A petition for the condemnation of lands must distinctly show beyond doubt that the land is to be used for a public purpose, since otherwise there is no right to condemn.-Id. demn land and assess benefits for widening a § 243 (Mo.) A judgment in proceedings to constreet was not res judicata on the question of liability of certain land for assessment of benefits, so as to bar supplemental proceedings brought pursuant to Kansas City Charter, art. 6, § 23, authorizing such proceedings to cure errors, defects, and omissions in the original proceedings, though the original verdict stated that, as to land lying within the benefit district "not hereinbefore mentioned and described, we assess no benefits," where such land was erroneously omitted.-Kansas City v. St. Louis & Kansas City Land Co., 169 S. W. 62. IV. REMEDIES OF OWNERS OF § 271 (Tenn.) A landowner whose land is taken or occupied by another in the exercise of eminent domain, without resort to condemnation proceedings, may sue the taker in an ordinary action of damages.-Piercy v. Johnson City, 169 S. W. 765. § 303 (Ky.) The, compensation for lands taken out of a farm for a railroad right of way is its value and the damage to the farm as a whole, without deducting anything for benefits_or_advantages from building the railroad.-Lexington & E. Ry. Co. v. Napier's Heirs, 169 S. W. 1017. EMPLOYERS' LIABILITY ACTS. See Commerce, § 27; Death, § 95. EQUALIZATION. See Taxation, §§ 467, 482, 489, 597. EQUAL PROTECTION OF THE LAWS. See Constitutional Law, §§ 42, 211-230. EQUITABLE ESTOPPEL. See Estoppel, §§ 52-119. EQUITY. See Cancellation of Instruments; Constitutional Law, § 52; Conversion; Drains, §§ 90, 91; Estoppel, $$ 52-119; Execution, § 171; Injunction; Judgment, §§ 427, 461; Liens, §7; Monopolies, §§ 24-26; Partition; Quieting Title; Receivers; Reformation of Instruments; Specific Performance Subrogation; Trial, § 11; Trusts; Wills, § 695. I. JURISDICTION, PRINCIPLES, AND MAXIMS. (A) Nature, Grounds, Subjects, and Extent of Jurisdiction in General. § 39 (Ark.) The chancery court having assumed jurisdiction, it properly proceeded to determine all the rights of the parties in the subject-matter.-Hall v. Huff, 169 S. W. 792. (C) Principles and Maxims of Equity. $65 (Mo.) Where two taxpayers paying a small amount of taxes sued to enjoin the county from paying county funds to nonresident experts brought into the state to testify in a criminal trial, not to protect the county treas ury, but to aid accused in such criminal case, the injunction will be denied on the ground that complainants did not come into equity with clean hands.-Peltzer v. Gilbert, 169 S. W. 257. II. LACHES AND STALE DEMANDS. § 84 (Mo.) The doctrine of laches may only defeat a claim for equitable relief and is not a bar to a claim to land made under a legal title.-Chilton v. Nickey, 169 S. W. 978. $85 (Mo.) Laches will not be imputed against the state.-State, by Major ex rel. Hopkins, v. Excelsior Powder Mfg. Co., 169 S. W. 267. IV. PLEADING. (C) Cross-Bill and Plea and Answer Thereto. $199 (Ark.) Cross-complaint in ejectment, asking that title to realty described in the complaint be quieted and that the instrument under which plaintiff claimed an interest therein be canceled, held sufficient to give the chancery court jurisdiction.-Hall v. Huff, 169 S. W. 792. (E) Demurrer, Exceptions, and Motions. $ 239 (Ark.) A demurrer to the complaint admits the truth of the allegations thereof.-Corney v. Corney, 169 S. W. 808. IX. MASTERS AND COMMISSIONERS, § 401 (Tenn.) Reference to master of question as to fact which defendant admitted held erroneous.-State v. Bolt, 169 S. W. 761. In proceeding on motion for decree against sheriff for failure to return execution, reference of question whether execution was ever received by sheriff held erroneous; this being the vital issue in the case.-ld. X. DECREE AND ENFORCEMENT THEREOF. § 430 (Ark.) A decree of the Supreme Court held not to be set aside on the ground that the same was procured by fraud of the successful party in surreptitiously making a part of the record on appeal a pleading, not filed, con taining statements defamatory of the character of the defeated party.-Corney v. Corney, 169 S. W. 808. ERROR, WRIT OF. See Appeal and Error. ESTATES. See Descent and Distribution; Dower; Executors and Administrators; Husband and Wife, § 14; Wills. ESTOPPEL. See Appeal and Error, & 882; Corporations, § 123; Counties, § 69; Dower, § 40; Garnishment, § 241; Insurance, § 375; Principal and Agent, § 25; Trusts, §§ 189, 237. III. EQUITABLE ESTOPPEL. (A) Nature and Essentials in General. § 52 (Mo.) Equitable estoppel or estoppel in pais means that when a party by his conduct or language has caused another reasonably to believe in the existence of a certain state of things, and, having a right to do so, to act on the belief he will not be permitted to set up the contrary.-De Lashmutt v. Teetor, 169 S. W. 34. (B) Grounds of Estoppel. § 94 (Ky.) In an action to cancel a deed of land for a railroad right of way, on the grounds of the grantor's mental unsoundness and the inadequacy of the price, held, that the plaintiffs, as heirs of the grantor, were not estopped by conduct questioning the validity of the deed. Lexington & E. Ry. Co. v. Napier's Heirs, 169 S. W. 1017. See Adverse Possession, §§ 112, 114; Affidavits; Appeal and Error, §§ 751, 882, 9991022, 1050, 1052, 1058; Attachment, § 374; Banks and Banking, § 49; Bills and Notes, §§ 494, 525; Boundaries, §§ 33, 37; Burglary, $$ 41, 42; Carriers, §§ 227, 315, 318, 381; Constitutional Law, § 48; Corpora For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER |