1224. Assignment of railroad stock; subscrip-
tions after consolidation. Rodgers v. Wells, 44 Mich.
411.

1225. Release of subscribers by company; subse-
quent attempt by creditor to enforce. Nellis v. Cole-
man (Pa.), 12 Rep. 797.

Connected topics, SUBSCRIPTION; STOCKS.
Summary Proceedings; see FORCIBLE ENTRY and
DETAINER.

Support.

1226. Right to lateral support; prescription (full
discussion). Dalton v. Angus, 6 App. Cas. 74p.

Related topics, ADJACENT OWNERS; MINES; PAR-
TY WALL; Sic UTERE TUO.
Sunday.

1227. Sabbath-breaking; keeping saloon open.
Marre v. State, 36 Ark. 222.

1228. Selling whisky on Sunday; proof that ac-
cused was a "dealer." Archer v. State, 10 Tex. App.
483.

1229. Law closing shops on Sunday valid. Burk,
ex p., 24 Alb. L. J. 463.

Surety.

1230. When principal may sue before actual loss.
Farnsworth v. Boardman (Mass.), 24 Alb. L. J. 517.
1231. On probate bond, discharged by decree dis-
charging co-surety. McKim v. Densmore, 130 Mass.
404.

1232. Discharge by payment by co-surety who is
also principal. Seitz v. Hill, 9 Mo. App. 122.

1233. Release of insolvent principal from arrest.
Hawkins v. Nims, 36 Ark. 145.

1234. Obligation of co-surety to contribute not
ended by his death. Johnson v. Harvey, 84 N. Y.
363.

On notes, etc., 978; of Public Officer,
related topics, BOND; GUARANTY.

993; other

1246. Sale illegal where one item is excessive;
equalization by supervisors; presumptions in favor
of levy; certificate to assessment-roll; power of
legislature; penalties for delay. Silsbee v. Stockle,
44 Mich. 561; Fuller v. Hannahs, 44 Mich. 578.

1247. Board of Equalization; raising assessment;
notice to owner; St. Louis County Act. State v.
Lindell Hotel Co., 9 Mo. App. 450.

1248. Assessing property discovered by assessors
since annual assessment; this is a correction, not a
new tax, and present ownership immaterial. Har-
wood v. North Brookfield, 130 Mass 561.

1249. Supplementary proceedings to compel pay-
ment of tax; practice. Bassett v. Wheeler, 84 N. Y.

466.

Liquor-tax laws, 757; City assessments and taxes;
see MUNICIPAL CORPORATIONS.

1257. Lease by tenant for life disputed by re-
mainder-man. Kennan v. Murphy, 8 L. R. Ir. 285.
1258. Application of proceeds of trust-fund be-
Barber's
tween life-tenant and remainder-man.
Estates, 18 Ch. D. 624.

See also, DEVISE; Equitable life-estate, 1282.
Tenant in Common.

1259. When liable to contribute to improvements
by co-tenant. Baird v. Jackson, 98 Ill. 78.

1260. Presumption as to equality of interests;
adverse possession. Campan v. Campan, 44 Mich. 31.
1261. Disseizin by co-tenant; suing him for share
of rents. 12 Rep. 749.

Title; perfecting, 874; see also, COVENANT; IN-
CUMBRANCE; RECORD: VENDOR AND PURCHASER.
Tort; see CONVERSION; DEATH; NEGLIGENCE;
TRESPASS, etc.

Towns; charitable gift to, 200; Common lands,
205; see, in general, MUNICIPAL CORPORATIONS
Trade-mark.

1269. "Singer" sewing machines; tendency of
label to deceive. Singer Co. v. Loog, 18 Ch. D. 395.
Trespass.

1270. For cutting timber, maintainable on mere
possession. Hoffman v. Harrington, 44 Mich. 183.

1271. Certainty of description; absence of malice;
evidence. State v. Guernsey, 9 Mo. App. 312.

1272. By owner disseized while in possession.
Murray v. Fitchburg R. R., 130 Mass. 99.

1273. Proof of possession. Dearborn v. Wellman,
130 Mass. 238.

1274. Customer eating part of meat sold him and
returning rest, not liable in trespass. Finch v. Brian,
44 Mich. 517.

Trial; in civil actions; (as to criminal trials, see
CRIMINAL LAW.)

1275. Admission of secondary evidence imma-
terial if original afterward put in. Comm. v. Cooper,
130 Mass. 285.

1276. Cross-examination on collateral matters.
Leavitt v. Stansell, 44 Mich. 424.

1277. Second trial; former testimony of deceased
witness; bill of exceptions; testimony of judge.
Cerby v. Wright, 9 Mo. App. 5.

1278. Stenographer's minutes of former trial.
Misner v. Darling, 44 Mich. 438.

1279. Scintilla of evidence gives case to jury.
Rosie v. Willard, 44 Mich. 382.

effect of single piece of evidence. Delancy v. Hall,
120 Mass. 524.

Connected topics, JURY; WITNESS, etc.

Trial by Jury; right of, in Bankruptcy, 166; to
assess damages for land, 412; in Lunacy proceed-
ings, 616.

Trover; see CONVERSION.

Trust.

Assignment of trust property, 149; power to ap-
point Partner, 1033.

Related topics, CHARITY; DEVISE; EXECUTOR.
1281. Resulting trust; breach of agreement to
buy for another; dower right of wife of promisee.
Carbondale Bank v. Cowperthwaite, 12 Rep. 763.

1282. Grant of equitable estate for life for sup-
port of family; no trust in favor of children. Bryan
v. Howland, 98 Ill. 625.

1283. Trust to apply income to use of trustee and
his wife and children; rights of latter against trus-
tee; deducting alimony. Ireland v. Ireland, 84 N.
Y. 321.

1284. Transfer of property to trustees for sup
port; rights of creditors. Woodward v. Wyman, 12
Rep. 764.

1285. Residue of estate given subject to annuity;
annuity payable only from profits; authorities re-
viewed. Delaney v. Van Aulen, 84 N. Y. 16.

1286. Limitation to next of kin; question of time
for ascertaining. Hunter v. Tedlie, 7 L. R. Ir. 448,
1287. Power of trustee for wife to sell land under
English Acts. Peters v. Lewes, etc., Co., 18 Ch. D.

429.

1288. Protecting lands held by parol trust against
creditors; declaration of trust in answer. Patton v.
Chamberlain, 44 Mich. 5.

1289. Unauthorized condition annexed to ap-
pointment under power. Butler v. Butler, 7 L. R.
Ir. 401.

1290. How long power of sale by will lasts.
Peters v. Lewes, etc., Co., 18 Ch. D. 429.

1291. Will executing power construed like ordi-
nary will.
Effect of alteration in law after date of
power. Void gift passing under residuary devise.
Freme v. Clement, 18 Ch. D. 499.

1292. Parol appointment of second trustee under
substitution clause in deed. Leggett v. Grimmett,
36 Ark. 496.

Duties of Trustees; Personal Liability.
1293. Trustee personally liable on contract for
benefit of estate. Gill v. Carmine (54 Md.) 24 Alb.
L. J. 516.

1294. Investment of trust funds in bonds secured
by church-building; personal liability for loss.
Garesché v. Priest, 9 Mo. App. 270.

1295. Refusal to sell stock which afterward de-
preciated. Bowker v. Pierce, 130 Mass. 262.

1296. Money held for investment becomes a debt
instead of a trust, if agent agrees to pay interest.
Pittsburg Bank v. McMurray (Pa.), 12 Rep. 796.

1297. Severance of funds intended for investment
for distinct parties. Fraser v. Murdock, 6 App. Cas.

855.

1299. Trustee not permitted to set up that prior
trustee held in fraud of creditors. Fast v. McPherson,
98 Ill. 496.

1300. Decreeing discovery of profits; denial of
alleged trust. Parker v. Wells, 18 Ch. D. 477.
1301. Implied trust; ordering account against
trustee's estate. Clapp v. Emery, 98 Ill. 523.

1302. Agreement with cestui as to compensation.
Bowker v. Pierce, 130 Mass. 262.

1303. Compelling account after long period; fol-
lowing land conveyed. Rath v. Vanderlyn, 44
Mich. 597.

Investments by Guardian, 577.

1304. Paying over shares of estate to persons not
entitled; the latter not liable to true claimants.
Rand v. Smallidge, 130 Mass. 337.

1305. Fraudulent conveyance of land by trustee;
constructive notice. Norman v. Towne, 130 Mass.

52.

Trustee Process; see GARNISHMENT.

United States; FEDERAL OFFICERS.

1306. Loss of wagons in government service;
commissary-general not liable. Palmer v. Hutchin-
son, 24 Alb. L. J. 538.

Related topics, CONSTITUTIONAL LAW; STATE;
putting government archives in evidence, 745.
Usage; see Custom and Usage.

Use and Occupation; action for, 706.
Usury.

1307. Note given in one State to settle account
in another; commissions. Wallis v. Lehman, 36
Ark. 569.

1308. Sale on credit for higher than cash price
distinguished. Ford v. Hancock, 36 Ark. 248.

1309. Stranger not to set up; waiver; conditions
of relief. Yardley v. N. Y. Guar. Co., 1 Flippin
C. C. 551.

By National Bank, 118; Mortgages, 844, 868;
by Stock-Broker, 1219.

Variance; see CRIMINAL LAW.

Vendor and Purchaser; connected topics, AGENCY;
BROKER; COVENANT; DEED; EASEMENT; TITLE;
WAY.

Contract of Purchase; Statute of Frauds.
1310. Certainty in description of real estate.
Eggleston v. Wagner (Mich.), 24 Alb. L. J. 518.

1311. Vendor not properly described; terms un-
certain. Donnison v. Cafe Co., 24 Alb. L. J. 538.
1312. Written contract supplemented by oral
agreement. Wetmore v. Neuberger, 44 Mich. 362.

1313. Parol agreement to convey land in pay-
ment for work. Sutton v. Rowley, 44 Mich. 112.

Questions between Original Parties.

1314. Good faith; purchaser not affected by
broker's knowledge. Fury v. Kempin, 9 Mo. App.

30.

1315. Setting aside for fraud; trusting report of
agent; drunkenness. Schramm v. O'Connor, 98
Ill. 539.

1316. Default in contract payments on land pur-
chase; terms of granting specific performance.
Richards v. White, 44 Mich. 622.

1317. Purchaser ousted from possession; recovery
of purchase-money; interest. Davis v. Strobridge,
44 Mich. 157.

1318. Enforcing vendor's lien where price of
land is payable in services. Young v. Harris, 36
Ark. 162.

1319. After death of vendee; getting note al-
lowed against estate; partition sale.
Edmondson v.
Phillips, 24 Alb. L. J. 537.

Questions Involving Third Persons.
1320. Possession under contract as against later
deed. Seager v. Cooley, 44 Mich. 14.

1321. Lis pendens; when suit is commenced;
recitals of decree. Hale v. Warner, 36 Ark. 217.
1322. Vendee in possession as against judgment
creditor; right of latter to unpaid purchase-money.
Adickes v.
Lowry, 12 Rep. 764.
Venue.

1323. Change refused in election case.
Martin, 36 Ark. 305.

1324. Offense on or near county line.
State, 10 Tex. App. 493.

In Criminal cases, 277.

See also, REMOVAL OF CAUSES.
Verdict; in Criminal cases, 322, 728.

Voir Dire, 304.

Voluntary Conveyance; see FRAUD, 547.
Voter; VOTING; see ELECTIONS.
Wager; see GAMING.

Wise v.

Willis v.

Wages; see LABOR; MASTER AND SERVANT.
War; see ARMY.

Warehouse.

1325. Warehouse-law of sister State enforced.
Banchor v. Gregory, 9 Mo. App. 102.

1326. Contract to warehouse at particular place;
deposit elsewhere; loss; remoteness of damage.
Lilley v. Doubleday, 7 Q. B. D. 510.

Warehouse receipts, 512.

Warranty; Fraudulent, 538; in Insurance, 621,
638, 647; in Charter-party, 1197.
Water and Water-courses; as to the Sea and Rivers,
see NAVIGABLE WATERS.

1327. Obstruction of surface-water. Barkley v.
Wilcox, 24 Alb. L. J. 453.

1328. Stopping flow of neighbor's surface water
by improving own land. Barkley v. Wilcox (N. Y.),
12 Rep. 757.

1329. Adverse use of dry mill-pond. Eddy v. St.
Mars, 24 Alb. L. J. 457.

1330. Damage from badly built dam; expert evi-
dence; measure of damages. Minnequa Springs Co.
v. Coon, 12 Rep. 763.

1331. Grant of right to take water from aqueduct
according to previous "custom." Wright v. Newton,
130 Mass. 552.

1332. Easements as to water-power; non-user.
Day v. Walden, 24 Alb. L. J. 455.

1333. Duty of supply under Water-works Act;
"family" and "dwelling-house" defined. Liskeard
Union v. L. Water Co., 7 Q. B. 505.

Boundary by stream, 184; Municipal Water-
boards, 899, 917.

Other connected topics, FISHERY; ICE; WHARF.
Way; RIGHT OF WAY.

1334. Right of way from premises conveyed over
premises kept by grantor. Barkshire v. Grubb, 24
Alb. L. J. 533.'

1335. Owner of two tenements sells one: implied
right of way over other. Barkshire v. Grubb, 18 Ch.
D. 616.

Weights and Measures.

1336. Selling coal without legal weighing; bur-
den of proof on defendant buyer. Goddard v. Raw-
son, 130 Mass. 97.

Wharf; right of City to build, 896; unsafe, causing
injury, 961.

Widow.

1337. Rights against administrator under ante-
nuptial agreement and gift of husband. Fellows v.
Smith, 130 Mass. 378.

1338. Forty days' support of widow; expendi-
tures by her for necessaries. Fellows v. Smith, 130
Mass. 376.

Relations to Creditors, 507.

See also, DoWER; HOMESTEAD.
Will.

1339. Incorporating into will paper referred to in
it; paper may be probated after probate of the will.
Newton v. Seaman's Soc., 130 Mass. 91.

1340. Revocation and revival of codicil. Kehoe,
goods of, 7 L. R. Ir. 343.

1341. Bequest to town; townsman a good witness.
Piper v. Moulton, 24 Alb. L. J. 456.

Ejectment by Devisee before probate, 378; In-
sanity of testator, 613.

Related topics, DEVISE; TRUST.
Witness.

1342. Immunity from process; going into another
State to testify. Healy, re, 24 Alb. L. J. 529.

1343. Witness examined as to his belief in future
punishment; held error. Searcy v. Miller (Iowa,
Dec. 20, 1881), 10 N. West. Rep. 912.

1344. Information not supported by affidavit of
infamous witness; judgment of conviction the only

legal evidence of infamy. Perer v. State, 10 Tex.
App. 327.

1345. Proof excluded that witness had lied on
other occasions. Comm. v. Kennon, 130 Mass. 39.
1346. Witness allowed to refresh memory by
Comm. v.
newspaper report written by himself.
Ford, 130 Mass. 64.

1347. Proper mode of examining by presiding
judge. Rogers v. People, 98 Ill. 581.

1348. Where the other party is dead, under Mis-
souri statute. Dolan v. Kehr, 9 Mo. App. 351.

In Criminal cases, 67, 291, 425; Children's testi-
mony, 401; power of City council to summon, 901.
Other topics, DEPOSITION; PRIVILEGE; TRIAL.
Women.

1349. Not competent for the bar. (Mass.) Rob-
inson's Case, 24 Alb. L. J. 448.

Right to join in Liquor petition, 759.

Words; " Family" and "Dwelling-house" defined.
1333.

Writ and Process.

1350. Summons returnable to "spring term,”
instead of "March term." Anderson v. Pearce, 36
Ark. 293.

1351. Serving writ of summons on foreigner liv-
ing in San Francisco. Walsh v. Moffat, 7 L. R. Ir.

446.

1352.Due return "of warrant must be to jus-
tice issuing. Comm. v. Int. Liquors, 130 Mass. 29.
1353. Certificate of officer as to place of service.
Elliott v. Preston, 44 Mich. 189.
1354. Wrongful seizure; offer to return afterward
unavailing. Carpenter v. Dresser, 24 Alb. L. J.

477.

Obtaining by Fraud, 581; in Justices' Court, 692;
Service of writ, 830.

Other topics, ATTACHMENT; SHERIFF.

See also, 1404, 1767,1862, 2669; also AccOUNT;
PAYMENT; as to Composition in Bankruptcy, 1452.
Account; including Accounting generally, and Ac-
counts Stated.

1359. Settlement not impeachable by creditor
without proof of fraud or mistake. Klauber v.
Wright, 52 Wis. 303.

1360. Pleading in action of book-account; appeal
to county court; new declaration. Proctor v. Wiley,
53 Vt. 406.

1361. Implied warranty in sale of accounts that
they are due. Gilchrist v. Hilliard, 53 Vt. 592.

1362. Loan of money to firm on special condi-
tions; action for accounting; interest. Beach v.
Colles, 85 N. Y. 511.

As to accounting by Executors, Guardians, etc.,
see those titles; account stated between Partners,
2304; Reference of account, 1391.

Acknowledgment, of Deed, 1636; of Mortgage,
2146; other cases, 1395, 2302.

Action; pending in another State, 2330; as to
Abatement, Joinder, etc., with Pleading and

No. 2.

Practice generally, see those titles, and specific
titles of particular actions and proceedings.
Adjacent Owner; on City street, see MUNICIPAL
CORPORATION; as to Nuisance, see that title;
Railroads, 2449, 2484; lateral Support, 2675;
as to Water-courses, and Way, see those titles.
Administration; see PROBATE.

Admiralty; see SHIPPING AND ADMIRALTY.
Adoption.

1363. Of heir by husband under special Act, with-
out consent of wife, does not exclude her heirs from
inheriting in her right. Stanley v. Chandler, 53
Vt. 619.

1364. Statutory mode in New Hampshire; form
of instrument of affiliation. Bancroft v. Heirs, 53
Vt. 9.

1365. Rights of inheritance of child adopted in
Wisconsin, recognized in Illinois only so far as con-
sistent with law of descent there. Keegan v. Ger-
aghty (Ill. S. C.), 13 Rep. 12.

Connected topics, DESCENT; PARENT AND CHILD.
Adulteration; connected topic, HEALTH,
Adultery.

1366. The Minnesota Act includes intercourse of
husband with unmarried woman. Pickett v. Pickett,
27 Minn. 299.

Connected topic, DIVORCE.

Advancement.

1367. Question of testator's intention as to charg-
ing beneficiaries with advancements. Wright's Ap-
peal, 93 Pa. St. 82.

Connected topic, DEVISE AND LEGACY.
Adverse Possession.

1368. Nature of title acquired by adverse holder
after expiration of time of limitation. Langford v.
Poppe, 56 Cal. 73.

1369. Refusal to exert equitable jurisdiction to
settle disputed title, as against adverse occupant.
Barclay's Appeal, 93 Pa. St. 50.

1370. Question on the facts whether use of way
to get water for cattle and family was adverse.
O'Neil v. Blodgett, 53 Vt. 213.

1371. Boundary by edge of pond; subsiding of
water; claim of adverse possession. Eddy v. St. Mars,
53 Vt. 462.

Related topics, BOUNDARY; EJECTMENT; FENCE;