843. Void entry of satisfaction on margin of
record by stranger. De Laureal v. Kemper, 9 Mo.
App. 77.

Assignment by Either Party.

Stevens v.

845. Recitals in mortgage, how far notice charg-
ing assignee with original equities. Briggs v. Rice,

130 Mass. 50.

846. Record of assignment of mortgage construct-
ive notice to subsequent purchasers of premises.
Smyth v. Knickerbocker Ins. Co., 84 N. Y. 589.

847. Warranty deed by mortgagee, in expecta-
tion of acquiring equity; equity conveyed to third
person; rights of parties on special facts.
Smith v.
Hitchcock, 130 Mass. 570.

848. Sale by assignee of mortgage; part of pro-
ceeds applied to mortgage note; not part payment
under act of limitations. Campbell v. Baldwin, 130
Mass. 199.

849. Transfer of note and trust deed to grantee
of equity; merger. Dolan v. Kehr, 9 Mo. App.

351.

850. Payment by mortgagor after conveying
equity; lien not extinguished; his right to buy at
trust-sale. Flagg v. Geltmacher, 98 Ill. 293.

Assumption of Mortgage.

851. Assumption; defenses of grantee against
mortgagee; neglect of latter to complete mortgage
sale. Muhlig v. Fiske (Mass.), 24 Alb. L. J. 516.

852. Grantee assuming note and mortgage liable
to holder. Follansbe v. Menage, 24 Alb. L. J. 477.
853. The same subject; liability to mortgagee.
Root v. Wright, 84 N. Y. 72.

854. Clause in deed requiring grantee to pay
mortgage; verbal agreements. Unger v. Smith, 44
Mich. 22.

855. Assuming mortgage; liability to mortgagor;
crediting proceeds of sale under power. Cilley v.
Fenton, 130 Mass. 323.

Priority between Mortgagees.

856. Assignee of mortgagor may acquire first
mortgage without letting in second mortgagee.
Ryer v. Gass, 130 Mass. 227.

857. Right of junior mortgagee to rents. Downs
v. Hopkins, 12 Rep. 743.

858. Covenant by first mortgagee that fourth
mortgage should be prior to first; discharge of first;
fourth not prior to second or third. Taylor v.
Wing, 84 N. Y. 471.

859. Second mortgage filed first by mistake.
Chadburn v. Rahilly, 12 Rep. 753.

860. Subsequently-acquired title will not help
prior invalid mortgage against later mortgage.
Elder v. Derby, 98 III. 228.

861. Fraudulent conveyance of same estate by
attorney, to several parties; equitable priorities.
Keate v. Phillips, 18 Ch. D. 560.

862. Second mortgagee cannot sell free from
incumbrances. Donohue v. Chase, 130 Mass. 137.
863. Action by several mortgagees to foreclose.
Cochran v. Goodell (Mass.), 12 Rep. 751.

864. Order of sale; prior and junior mortgagees;
notice. Hosmer v. Campbell, 98 Ill. 572.

Foreclosure, Redemption, etc.

867. Against minor; appointment of guardian ad
litem; he must first have been served with process.
Ingersoll v. Mangam, 84 N. Y. 622.

868. Foreclosure judgment assigned as security
for usurious loan; sale set aside. Wyeth v. Braniff,
84 N. Y. 627.

869. Mortgage rate of interest seven per cent;
after judgment entered must be reckoned at six.
Taylor v. Wing, 84 N. Y. 471.

870. Recovering back excessive interest paid on
threat to foreclose. Hampden Mills v. Payson, 130
Mass. 88.

871. Joint and several mortgage notes; non-
joinder. Dederick v. Barber, 44 Mich. 19.

872. Appointment of receiver; right to rents
pending application. Rider v. Bagley, 84 N. Y.

461.

878. Sale under power; appeal; no freehold in-
volved. Carbine v. Fox, 98 Ill. 146.
879. Setting aside sale; inadequacy of price.
Million v. McRee, 9 Mo. App. 344.

SSO. Sale set aside not a satisfaction of mortgage
debt. Fort v. Roush, 3 Morr. Trans. 79.

881. Payment of mortgage debt by stranger;
agreement by him with mortgagor to furnish evi-
dence to defeat subsequent foreclosure suit. Wel-
lington v. Kelly, 84 N. Y. 543.

882. Right of grantee to crops, as against execu-
tion creditor. Anderson v. Strauss, 98 Ill. 485.
SS3. Action in guaranty of mortgage, commenced
without authority, maintainable by order nunc pro
McKernan v. Robinson, 84 N. Y. 105.
884. Action on note for deficiency; defense of
fraud at sale. Torry v. Fenton, 130 Mass. 329.

tunc.

Chattel Mortgages.

885. Mortgage of stock in trade; what is suffici-
ent change of possession. Steele v. Benham, 84 N.

Y. 634.

886. Of property thereafter to be acquired; pos-
session gained by mortgagee before insolvency pro-
ceedings. Chase v. Denny, 130 Mass. 566.

887. Of pig iron; what delivery is sufficient.
Anderson v. Brenneman, 44 Mich. 198.

888. Assignment of proceeds of farm to creditor
not a mortgage. Haynes v. Ledyard, 44 Mich. 621.

889. Estoppel to deny lien; special facts. Corbitt
v. Brong, 44 Mich. 150.

911. Statutory limit of city tax; special and
general taxes; Alteration of warrant by collector;

891. Reckoning the fifteen days for recording;
parol evidence of wrong date. Shaughnessey v.
Lewis, 130 Mass. 355.

892. Unfiled mortgage; assignment by mortgagor
to creditors. Putnam v. Reynolds, 44 Mich. 113.
Municipal Corporations; As to counties, boards.
of health, school districts, etc., see separate
titles; dog-regulations, 29; mandamus to city,
790; railroad aid bonds, 1083, 1094; bequest
to town, 1341.

Constitutional Questions; Powers of City and its
Officers Generally.

893. Lawful for city to contract with foreign cor-
poration for construction of water-works. Dodge v.
Council Bluffs (Iowa, Dec. 19, 1881), 10 N. West.
Rep. 886.

894. Power to provide for lighting; exclusive
privilege to gas company for thirty years; estoppel;
exceeding limit of debt. E. St. Louis v. St. L. Gas
Co., 98 Ill. 415.

895. Aet "to define boundary line of Little
Rock," held unconstitutional. Little Rock v. Parish,
36 Ark. 166.

896. City may build wharves at water-end of
streets. McMurray v. Mayor, 24 Alb. L. J. 476.

897. Fire limits; declaring wooden structures a
nuisance; tearing down by marshal; powers of city
council. King v. Davenport, 98 Ill. 305.

898. Unreasonable city ordinance regulating speed
of train in city limits. Meyers v. Chic., etc., R. Co.
(Iowa, Dec. 19, 1881), 10 N. West. Rep. 896.

899. Surplus water-rents; application by water-
board. Water Commrs. v. Hall, 98 Ill. 371.

900. Quo warranto against park commissioners
for usurping franchise; "possession" defined.
Mayor v. Park Comm'rs, 44 Mich. 602.

901. Power of city assembly of St. Louis to send
for witnesses and compel them to produce books
and papers. Dunn, etc., 9 Mo. App. 255.

902. Mandamus to compel council to act on liquor-
bond. Negley v. Sturgis, 44 Mich. 1.

903. Mandamus to compel council to approve
liquor-bond. Goss v. Com. Council, 44 Mich. 319.
904. Tender of city scrip for debt on bond; bad,
if currency required by terms of bond. Helena v.
Turner, 36 Ark. 577.

905. Town liable for money furnished town
officers. Billings v. Monmouth, 24 Alb. L. J. 456.
906. Town treasurer's liability for funds not
affected by false settlement. Rice v. Sidney, 44
Mich. 37.

907. Appointment of janitors of New York courts;
power of commissioner of public works. Fagan v.
Mayor, etc., 84 N. Y. 348.

908. Choosing officers at town meeting; form of
Wood v. Jewell, 130 Mass. 270.

warrant.

Local Improvements; Assessments; Taxation.
909. Municipal assessment annulled by Legisla-
ture and power vested in another body; "special"
laws. State v. St. L., etc., R. R., 9 Mo. App. 532.

910. Limitations in special charters as to taxation;
Illinois Acts. Sparland v. Barnes, 98 Ill. 595.

v. People, 98 Ill. 343.

912. Taxation of farm lands within city; due
process of law. Kelly v. Pittsburgh, 24 Alb. L. J.

465.

913. Enjoining town tax; claims improperly al-
lowed by auditors, squandering of school funds;
statutory road and bridge tax. Lemont v. Singer
Co., 98 Ill. 94.

914. No power in city to buy at tax-sale; but
owner cannot complain. Champaign v. Harman,
98 Ill. 491.

915. Assessment for city sewer; hospital not ex-
empt. Sewer not regularly laid out; valuation of
premises. Roosevelt Hosp'l v. Mayor, 84 N. Y. 108.

916. Letting to lowest bidder; proposals for
sewer; price fixed for rock excavation on advertise-
ment; other provisos. Modifying erroneous assess-
ment. Amount to be laid on adjacent lots. Va-
cancy in board of assessors. Merrian's Petition, 84
N. Y. 596.

917. Taking land for reservoir; right of owners
to continue to use brook-water for domestic pur-
poses, etc. Evidence that house has been made un-
healthy for residence. Johnson v. Boston, 130 Mass.

452.

918. Judgment for land taken, a bar to subse-
quent action of tort for injury thereto. Lewis v.
Boston, 130 Mass. 339.

919. Land taken for street; city liable to mort-
gagee. Chicago v. Tebbetts, 24 Alb. L. J. 454.
920. Overflow from municipal sewers not action-
able. Dixon v. Metrop. Board, 24 Alb. L. J. 498.
921. Special tax-bills for sewer-work. Eyerman
v. Blakesly, 9 Mo. App. 231.

922. Proceedings to lay out township ditch;
notice. Dunning v. Drain Comm'r, 44 Mich. 518.
923. Return as to notice; delay. Wright v. Drain
Comm'r, 44 Mich. 557.

924. City liable for carrying surface drainage
through gutters to plaintiff's land. Manning v. Lowell,
130 Mass. 21.

925. Statutory damages for construction of city
urinal. Badger v. Boston, 130 Mass. 170.

926. Charter requirement of engineer's estimate
indorsed on ordinance. Perkinson v. McGrath, 9
Mo. App. 26.

927. Change of street grade; omission to award
damages not a "substantial error;" discretion of
Cruger's Petition, 84 N. Y. 619.

assessors.

928. Special taxes; pleading. Crone v. Mallinck-
rodt, 9 Mo. App. 316.

Highways; Generally.

929. Town trustees not to purchase tools, etc., on
credit to repair highways. Wells v. Grub (Iowa, Dec.
14, 1881), 10 N. West. Rep. 799.

930. Town may pay for repairs of highway, though
not done in the regular statutory way. Curran v.
Holleston, 130 Mass. 272.

Nuisance on Sidewalk, 990.

Defects on Highways; Actions for Damages.
931. City not liable for mere slipperiness. Smyth
v. Bangor, 24 Alb. L. J. 477.

Murder; MANSLAUGHTER; NEGLIGENT HOMICIDE;
connected topics, INFANTICIDE; DEATH; CRIM-
INAL LAW.

942. Killing one already mortally wounded.
State v. Wood, 24 Alb. L. J. 473.

943. Killing while engaged in another crime; res
gestæ. Reyes v. State, 10 Tex. App. 1.

944. Degrees of murder in Texas. Lawrence v.
State, 10 Tex. App. 495; Bright v. State, id. 68.

945. Resisting unlawful arrest; resisting trespass;
right of brother to aid resistance. Ross v. State,
10 Tex. App. 455.

946. Burden of proof; remains with State though
killing proved. Dubose v. State, 10 Tex. App. 230.
Manslaughter; Right of self-defense.
wealth v. O'Malley, 12 Rep. 751.

Common-

947. Evidence as to quarrels over disposition of
deceased. Abbott v. People, 13 N. Y. Week. Dig.

271.

948. Provocation; Texas code; insulting conduct
toward female relative; 66
cooling time." Eames v.
State, 10 Tex. App. 421.
949. Motive; assault on prisoner's paramour.
State v. Lawler, 24 Alb. L. J. 538.

950. Provocation; threats; circumstantial evi-
dence. Harris v. State, 36 Ark. 127; McLoughlin v.
State, 10 Tex. App. 340; Mize v. State, 36 Ark. 653;
Comm. v. Abbott, 130 Mass. 472; Dubose v. State, 10
Tex. App. 230; Post v. State, id. 579; Campbell v.
State, id. 560.

951. Threats; character of deceased for violence.
Roberts v. State (Ala.), 12 Rep. 772.

Declarations; Dying Declarations.

952. Declarations of deceased, before being shot.
Means v. State, 10 Tex. App. 16.

953. Dying declarations of deceased; res gestæ.
State v. Wood, 24 Alb. L. J. 473.

See also, Pharr v. State, 10 Tex. App. 485; Williams
v. State, id. 528.

Negligence.

Nelson

957. Acts for improvement of navigable stream;
giving private parties right to charge tolls.
v. Cheboygan Co., 44 Mich. 7.

958. Change of shore line by action of the tide.
Boundary by "the cliff." Adverse possession.
East Hampton Trustees v. Kirk, 84 N. Y. 215.
959. Ownership of soil of towing-paths; English
Acts. Conservators v. Button, 6 App. Cas. 685.
960. Boom company's charges; what are reason-
able. Riparian ownership. Pere Marq. B. Co. v.
Adams, 44 Mich. 403.

Related topics, WATER; COMMERCE; WHARF.
Negligence.

961. Customs officer injured by unsafe wharf;
owner liable. Low v. Grand T. R. R., 24 Alb. L.
J. 467.

962. Leaving team untied; violation of city ordi-
nance not negligence per se. Knupfle v. Knicker-
bocker Ice Co., 84 N. Y. 488.

963. Careless driving; habits of driver. Hill v.
Snyder, 44 Mich. 318.

964. Collision of teams; turning out for hitched
buggy. Joslin v. Le Baron, 44 Mich. 160.

965. Child under seven driven over while sitting
on sidewalk. Murley v. Roche, 130 Mass. 330.
966. Negligence causing death; trespass on the
case; burden of proof. Teipel v. Hilsendegen, 44
Mich. 461.

As to Animals, see that title; causing Death, 346,
954; of Servant, 821; of Railroad or its employ-
ees, see that title; on shipboard, see SHIPPING.
Negotiable Instruments.

As to Checks, Coupons and Bills of Lading, see
those titles; as to Municipal Bonds, see MUNICIPAL
CORPORATIONS; as to when note is Payment, see
that title; other related topics, PLEDGE.

Lex Loci; Various Matters.

967. Lex loci as to bills of exchange; nature of
drawee's liability; cases reviewed. Hib. Bank v.
Lacombe, 84 N. Y. 367.

968. Post-dated drafts; how different from bills
payable at future date; agent's implied authority
to draw; usage. N. Y. Iron Mine v. Citizens' Bank,
44 Mich. 344.

971. Consideration; note with new name given
to renew old note. Gloversville Bank v. Place, 24
Alb. L. J. 534.

What is Negotiable; Conditions, Expressed or Equitable.
972. Memorandum on note in suit; evidence ex-
plaining. Corley v. McKeag, 9 Mo. App. 38.

973. Note containing proviso. Bannister v. Rouse,
44 Mich. 428.

974. Due-bill signed by makers as committee.
Anderson v. Pearce, 36 Ark. 293.

975. Note given on special understanding; as-
signee after maturity takes subject to equities.
Williamson v. Doby, 36 Ark. 689.

976. Notes taken as collateral; fraudulent transfer
by agent. Union Bank v. Barber, 24 Alb. L. J. 479.
977. Overdue note; not subject to set-offs from
other transactions. Grier v. Hinman, 9 Mo. App.
213.

Indorsement; Sureties; Assignment.

978. Suit against maker by surety signing as joint
maker. McClatchie v. Durham, 44 Mich. 435.
979. Sureties not discharged by invalid agreement
of maker to exchange. Wilson v. Powers, 130 Mass.
127.

980. Blank indorsement an express contract;
parol evidence incompetent. Martin v. Cole, 3

Morr. Trans. 17.

Assignment of over-due note, 74.

981. Accommodation indorser; extension with-
out his knowledge; notice to holder. Kinealy v.
Burd, 9 Mo. App. 359.

982. Accommodation maker's remedy against
principal not barred by his making composition in
bankruptcy, to which maker is not a party. Thomas
v. Liebke, 9 Mo. App. 424.

Actions relating to Notes and Bills; Practice.
983. Altered note offered in evidence. (Notes.)
York v. James, 24 Alb. L. J. 503.

984. Bill to restrain defendant from suing on
note. Anthony v. Valentine, 130 Mass. 119.

985. Credits indorsed on note, how pleaded.
Hall v. Bonville, 36 Ark. 491.

986. Declarations of payee not competent against
holder. Patton v. Gee, 36 Ark. 506.

987. Holder of unindorsed note may sue without
joining payee. Heartman v. Franks, 36 Ark. 501.

988. Equitable defenses; treating answer as cross-
bill; substituting assignee as plaintiff. Ivey v.
Drake, 36 Ark. 228.

New Trial; see CRIMINAL LAW, 334; JUDGMENT,
671.

Newspaper; see LIBEL, 746.

Next of Kin; see DESCENT, and 1286.
Nol. pros.; see CRIMINAL LAW, 278.

Notice; on Attachment, 85; of unrecorded trust
on Execution sale, 462; to City, of injury on High-
way, 936; and see RECORD; IDEM SONANS.
Nuisance.

989. Pollution of well by graveyard; enjoining
board of health. Upjohn v. Richland Board, 24 Alb.
L. J. 455.

990. Fruit-stands a nuisance. State v. Burdetta,
(notes.) 24 Alb. L. J. 464.

To tenant, 716; from city improvement, 920,
924; and see HEALTH.

998. Taking one half of net profits as salary.
State v. Donnelly, 9 Mo. App. 519.

999. Working farm on shares. (law reviewed.)
Reynolds v. Pool, 24 Alb. L. J. 504.

1000. Agent liable as partner if he signs note as
such. Nichols v. James, 130 Mass. 589; 24 Alb. L.
J. 517.

1001. Carrying on business for share of profits.
Wilcox v. Matthews, 44 Mich. 192.

1002. Lending money with agreement for share
of profits besides interest. Curry v. Fowler, 13 N.
Y. Week. Dig. 287.

1003. Agent giving note as partner liable as such.
Nichols v. James, 130 Mass. 589.

1004. Clerk sharing profits and losses. Pawsey
v. Armstrong, 18 Ch. D. 698.

1005. What is; case on special facts. Chamber-
lain v. Jackson, 44 Mich. 320.

1006. Entries in firm books not evidence of.
Abbott v. Pearson, 130 Mass. 191.

1007. Goods bought in joint name. Partridge v.
Kingman, 130 Mass. 476.

Relation of Partners to each Other.
1008. Lien of partners on firm assets. Dickman
v. St. Louis, 9 Mo. App. 9.

1009. Charges by partners against firm. Stebbins
v. Willard (Vt.), 12 Rep. 766.