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53, 121; Pleading, $$ 398, 412: Principal and Agent, §§ 23, 75, 121, 123, 173; Process, 149; Quo Warranto, § 55; Railroads, $$ 24, 282, 346, 347; Rape, §§ 49-53, 57, 59; Records, § 9; Reformation of Instruments, 45; Release, 8 55; Religious Societies, § 25; Robbery, § 24; Sales, §§ 181, 359, 441; Specific Performance, § 121; Statutes, § 283; Street Railroads, §§ 61, 113; Taxation, § 611; Threats: Trial, 88 54-96, 159, 207, 234, 250-252, 255; Trusts, §§ 46, 49, 86, 89; Vendor and Purchaser, § 44; Waters and Water Courses, § 119; Wills, §§ 55, 93, 166, 297-303, 792; Witnesses.

Reception of, see Criminal Law, §§ 678, 681.

I. JUDICIAL NOTICE.

§ 25 (N.D.) Judicial notice will be taken of the_incorporation of villages.-Village of Page v. Farmery, 150 N. W. 471.

II. PRESUMPTIONS.

59 (Iowa) In the absence of eyewitnesses, there is a rebuttable presumption that one killed by a train used due care in going on the crossing.-Merchants' Transfer & Storage Co. v. Chicago, R. I. & P. Ry. Co., 150 N. W. 720. $59 (Wis.) The presumption against suicide has legal force as evidence, in that it calls for proof of the fact which it negatives.-Milwaukee Western Fuel Co. v. Industrial Commission of Wisconsin, 150 N. W. 998.

§ 72 (Iowa) The delivery of a telegram will not be presumed from the fact that it was found among the files of the company, where there is no showing as to the payment of fees or as to how it came into possession of the company.-City of Ottumwa v. McCarthy Improvement Co., 150 N. W. 586.

§ 83 (Iowa) Where a notary signed himself as such in and for Bureau county, Ill., but the caption of the affidavit was "State of Iowa, Polk County, SS.," it would be presumed that the affidavit was taken by the notary in the county where he was authorized to act.-In re Sale of Liquors in Valley Junction, 150 N. W. 86.

III. BURDEN OF PROOF.

(C) Similar Facts and Transactions. § 135 (Mich.) Evidence as to similar representations to other parties held competent to show nature of representations to insurer as to persons constituting firm and the intent with which they were made.-Jacobs v. Queen Ins. Co. of America, 150 N. W. 147.

(E) Competency.

a conversation, the adverse party may show the § 155 (Minn.) Where a party calls for part of whole thereof.-In re Paulson's Estate, 150 N. W. 914.

§ 155 (Wis.) In suit in equity court held to have properly eliminated incompetent evidence by announcing that it would not be considered, and properly refused to receive other similar evidence claimed to be admissible because of the admission of that admitted.-Murphy v. Baldwin, 150 N. W. 957.

V. BEST AND SECONDARY EVIDENCE. $157 (Minn.) Oral evidence of action of the directors of a corporation held admissible over objection that it was not the best evidence, where it did not appear that there was any written evidence of such action.-Traxler v. Minneapolis Cedar & Lumber Co., 150 N. W. 914.

§ 158 (N.D.) The records of directors' meetings and the by-laws are the best evidence of actual authority in a corporation's officials.— Grant County State Bank v. Northwestern Land Co., 150 N. W. 736.

$158 (S.D.) The books of the bank, not the testimony of the cashier, are the best evidence as to whether new deposits were made or old deposits increased after a certain date.-Farmers' State Bank of Mobridge v. Empey, 150 N. W. 936.

§ 161 (Neb.) A witness cannot testify to the contents of a paper which he holds in his hand. Corn Exchange Nat. Bank v. Ochlare Orchards Co., 150 N. W. 651.

§ 181 (S.D.) Admission of a copy of a letter sent to a person without the state without proof that he is not now in the state, and so not amenable to process, is error.-Farmers' State Bank of Mobridge v. Empey, 150 N. W. 936.

VII. ADMISSIONS.

§ 96 (Iowa) Defendant has the burden of proving matters set up by the answer and denied by the reply.-Schworm v. Fraternal Bank- (A) Nature, Form, and Incidents in Geners' Reserve Society, 150 N. W. 714.

IV. RELEVANCY, MATERIALITY, AND COMPETENCY IN GENERAL.

(A) Facts in Issue and Relevant to Issues. § 99 (Wis.) All evidence which tends to render probable or improbable the existence of facts which are the subject of inquiry is relevant.-Oldenberg v. Industrial Commission, 150 N. W. 444.

(B) Res Gestæ.

§ 121 (Iowa) In a suit against the estate of a deceased person for services rendered to deceased, under a contract providing for payment, evidence of statements by the deceased as to why the claimant was about his premises, is not admissible as part of the res gestæ; it not appearing when the statement was made.-Sullenbarger v. Ahrens, 150 N. W. 71.

121 (Neb.) A statement, by a party to an accident, of a fact directly connected therewith and made contemporaneously with the accident, is part of the res geste if within the knowledge of the party making it.-Wenquist v. Omaha & C. B. St. Ry. Co., 150 N. W. 637.

§ 123 (Iowa) A statement by a motorman, made at or a few minutes after the discovery of an accident, held part of the res gestæ.-Bettinger v. Loring, 150 N. W. 31.

eral.

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§ 235 (S.D.) On the issue whether notes sued on were transferred before or after maturity, acts and statements of the assignor while in possession of the notes after maturity held admissible.-M. Rumely Co. v. Anderson, 150 N. W. 939.

(D) By Agents or Other Representatives. § 243 (Minn.) An agent's statements or admissions, so remote as not to be part of the res gestæ, are inadmissible against the principal, unless the agent was authorized to speak for him.-Berg v. Pittsburg Const. Co., 150 N. W. 1092.

VIII. DECLARATIONS. (A) Nature, Form, and Incidents in Gen

eral.

§ 271 (S.D.) Testimony by plaintiff, who released cattle distrained for trespass, that he did so on defendant's agreement to pay the damages, held not a self-serving declaration.-Clark v. Mosier, 150 N. W. 475.

IX. HEARSAY.

an

8441 (Mich.) Where written contract for sale $318 (Mich.) In action for breach of of a beer carbonating system contained no warbuilding contract, notice of building department as to the condition of the structure held hearsay and inadmissible.-Newton v. Consolidated Const. Co., 150 N. W. 348.

X. DOCUMENTARY EVIDENCE.

(D) Production, Authentication, and Ef

fect.

§ 376 (Iowa) Plaintiff's books, in which he charged rent sued for to defendant, held admissible, though he was not directly asked whether the items therein were just and true.-Whinnery v. Cundiff, 150 N. W. 659.

§383 (Wis.) Under St. 1913, § 776, subd. 13, conferring the power of villages, under chapter 40, on towns having a population of not less than 500, an actual enumeration held to overcome the presumption arising from the federal census.-Menasha Woodenware Co. v. Town of Winter, 150 N. W. 526.

§383 (Wis.) Mortality tables, if uncontradicted, should be controlling as to the expectancy of life.-Secord v. John Schroeder Lumber Co., 150 N. W. 971.

ranty, held, that representations amounting to warranties could not be shown by parol, though it was sought to prove such representations as constituting fraud.--Wittemann Co. v. Beck Malting & Brewing Co., 150 N. W. 109.

$ 441 (Minn.) Evidence of a contemporaneous oral agreement. tending to vary the written contract of insurance, held inadmissible.-Wadsworth v. Walsh, 150 N. W. 870.

$ 444 (Minn.) Evidence is admissible to show that at the time of delivery of an order for goods the parties agreed that it should become operative only upon the happening of a contingency or performance of a condition.-S. F. Bowser & Co. v. Fountain, 150 N. W. 795.

XII. OPINION EVIDENCE.

(A) Conclusions and Opinions of Witnesses in General.

§ 471 (Iowa) In an action for breach of contract to furnish cattle to plaintiff to raise on a stock farm leased from defendant, a question asked plaintiff whether it would have been possible for him to have remained there during the rest of the time, under the conditions as they opinion, but for a fact.-Witthauer v. Wheeler, 150 N. W. 46.

XI. PAROL OR EXTRINSIC EVIDENCE were, without the cattle, did not call for an

AFFECTING WRITINGS.

(A) Contradicting, Varying, or Adding to Terms of Written Instrument.

§ 387 (Iowa) Evidence as to changes in signatures to a consent to the sale of liquor held not objectionable as varying or explaining the names on the pollbooks.-Riley v. Litchfield, 150 N. W. 81.

$400 (Minn.) Parol evidence held inadmissible to show that the vendor was to have the crop where the contract clearly gave the right to the crop to the purchaser.-Pioneer Loan & Land Co. v. Cowden, 150 N. W. 903.

§ 400 (Wis.) Where purchaser signed written order for automobile, held, that representations as to the age and condition of the automobile could not be shown by parol.-Jones v. Keefe, 150 N. W. 954.

§ 419 (Neb.) An employer's oral promise to pay an employé his salary during a temporary disability may be shown by parol to be part of the consideration for a release of liability for personal injuries.-Tylee v. Illinois Cent. R. Co.,

150 N. W. 1015.

§ 419 (Wis.) In the absence of fraud, neither inadequacy nor failure to pay the consideration named in a specialty can be shown to defeat it, though the consideration may be explained and shown not to have been paid.-Bibelhausen v. Bibelhausen, 150 N. W. 516.

The mention of a consideration in an instrument executed by the party alone to whom it purports to have moved for the thing conveyed and the formal receipt are recitals and may be explained or varied by parol.-Id.

§ 423 (Neb.) In an action by one maker of two notes against the other to recover the onehalf of the debt paid by plaintiff, parol evidence of the capacity in which the parties signed the note was properly admitted.-Cox v. Ellsworth, 150 N. W. 197.

$ 423 (S.D.) Evidence that defendant signed notes as surety only, and that his cosigner was the principal debtor and received the consideration, held admissible, though defendant's signature indicated that he was a joint maker.-M. Rumely Co. v. Anderson, 150 N. W. 939.

(C) Separate or Subsequent Oral Agreement.

§ 441 (Iowa) Parol evidence of a contract between a lessor and lessee, independent of and not varying the terms of a written lease, held competent.-Witthauer v. Wheeler, 150 N. W. 46.

§ 471 (Iowa) Where a witness illustrated wagon tracks by a blackboard, his testimony as to whether the circle the tracks was describing would cross an excavation was inadmissible; since the jury could draw its own conclusion.Frohs v. City of Dubuque, 150 N. W. 62.

§ 471 (N.D.) Testimony of officers of a corporation that an officer executing a note in the name of the corporation had no authority to do so held mere conclusions.-Grant County State Bank v. Northwestern Land Co., 150 N. W. 736.

§ 471 (S.D.) Testimony by plaintiff, who released cattle distrained for trespass, that he would not have done so if defendant had not agreed to pay the damages, held not a conclusion.-Clark v. Mosier, 150 N. W. 475.

(C) Competency of Experts.

§ 536 (Minn.) A witness held competent to testify as Q. R. Co., 150 N. W. 175. an expert.-Puls v. Chicago, B. &

as to compe

§ 546 (Minn.) Determination tency of expert witnesses held in the discretion of the judge. Graseth v. Northwestern Knitting Co., 150 N. W. 804.

(D) Examination of Experts.

§ 558 (N.D.) Refusal to permit defendant's counsel on cross-examination to read from a medical work and to ask if he concurs therewith is not error, where the witness has not based his opinion on such work,-State v. Brunette, 150 N. W. 271.

Where a witness bases his opinion on medical books, counsel may, on cross-examination, read to him portions of medical books and ask if he concurs therewith, though he has not referred to any specific book.-Id.

§ 560 (N.D.) Before medical books can be introduced to refute a medical expert's testimony, the witness' attention must have been called to such books, and he must have based his testimony thereon.-State v. Brunette, 150 N.

W. 271.

(F) Effect of Opinion Evidence.

§ 574 (Mich.) Testimony of laymen that insured appeared well of a date prior to issuance of policy held of no effect against testimony of physicians that tests showed tubercular condi tion at that date.-O'Brien v. Brotherhood of American Yeomen, 150 N. W. 130.

1135

INDEX-DIGEST

XIV. WEIGHT AND SUFFICIENCY. § 584 (Iowa) Clear and satisfactory evidence defined. Good Milking Mach. Co. v. Galloway, 150 N. W. 710.

$597 (Wis.) To support an argument that an ultimate conclusion of fact has no evidence to sustain it, there must be an absence of all evidence or an absence of any relevant evidence. -Oldenberg v. Industrial Commission, 150 N.

W. 444.

EXAMINATION.

limited by the will or statute, and he has no im-
tuate the powers expressly conferred.-In re
plied powers beyond those necessary to effec-
Munger's Estate, 150 N. W. 447.

§ 97 (Iowa) The contract of an administra-
trix employing an attorney, though approved
ex parte by the judge or court, was of no va-
lidity as against those entitled to the estate.-
In re Munger's Estate, 150 N. W. 447.

The rule that an administrator is without power to impose a charge on the assets by any new and independent contract, unless expressly

See Evidence, 88 558, 560; Witnesses, §§ 247- authorized by statute or will, though for the 283.

EXCEPTIONS.

See Appeal and Error, §§ 248-273.

EXCEPTIONS, BILL OF.

See Appeal and Error, § 544.

EXCESSIVE DAMAGES.

See Damages, §§ 130, 132.

EXCHANGE OF PROPERTY. $10 (Minn.) Where a contract for exchange of creamery stock for an automobile was sufficiently definite to enable the parties to comply with its provisions, it was not void for uncertainty.-Wilkes v. Holmes, 150 N. W. 1098.

§ 13 (Wis.) In an action by an automobile company against a dealer for failure to return an old part in exchange for a new part sent to the dealer, the measure of damages held, under the custom of dealing of the parties, the value of the new part and not that of the old. -Studebaker Corporation of America v. Gollmar, 150 N. W. 442.

EXECUTION.

See Deeds, § 50; Municipal Corporations, §
1038.

V. STAY, QUASHING, VACATING, AND
RELIEF AGAINST EXECUTION.

benefit of the estate, applies to the employment of an attorney.-Id.

§ 109 (Neb.) An administrator held entitled to credit for an amount paid in good faith on prior liens from the proceeds of a sale of mortgaged property, though Rev. St. 1913, § 1477, requires that such sales be made subject to existing liens. -In re Vasek's Estate, 150 N. W. 1004.

§ 111 (Iowa) On a claim by an administratrix for expense in employing attorney to prosecute claim for the death of decedent, held, that the court erred in allowing her more than one-third of the sum for which the suit was settled.-In

re Munger's Estate, 150 N. W. 447.

CLAIMS.
VI. ALLOWANCE AND PAYMENT OF

(A) Liabilities of Estate.

§ 206 (Iowa) Where a daughter took her menrendered her services as a member of the daughtally incompetent mother into her home, and ter's family, without expectation of compensation, they were not a charge on the mother's estate.-In re Squire's Estate, 150 N. W. 706.

$215 (Iowa) Expenditure for a monument is not strictly a funeral expense within Code, § 3347, providing for payment of funeral expenses. -In re Lester's Estate, 150 N. W. 1033.

(B) Presentation and Allowance. § 227 (Iowa) Claims in probate are not subject, generally, to the same rules of pleading § 172 (S.D.) In a suit to enjoin the sale of which prevail in ordinary actions.-Sullenbargland under execution against plaintiff's hus-er v. Ahrens, 150 N. W. 71. band, evidence held sufficient to sustain a finding that the plaintiff was the owner of the land. -Riley v. Jorgenson, 150 N. W. 771.

EXECUTORS AND ADMINISTRATORS.
See Homestead, § 146; Wills.

II. APPOINTMENT. QUALIFICATION,
AND TENURE.

§ 22 (Minn.) The appointment of a special administrator without a petition being filed as required by Gen. St. 1913, § 7227, is a nullity. -Bombolis v. Minneapolis & St. L. R. Co., 150 N. W. 385.

829 (Minn.) A settlement made with a special administrator, appointed without a petition being filed as required by Gen. St. 1913, § 7227, held not binding on a next of kin of deceased dependent on him for support.-Bombolis v. Minneapolis & St. L. R. Co., 150 N. W. 385.

§37 (Mich.) Under Comp. Laws 1897, §§ 9333, 9334, probate court held authorized to appoint administrator de bonis non, though administrator's account had not been adjusted, nor had the court formally accepted his resignation and discharged him.-In re Thompson's Estate, 150 N. W. 318.

IV. COLLECTION AND MANAGEMENT

OF ESTATE.

(A) In General.

§ 91 (Iowa) The powers and obligations of an executor or administrator are defined and

If the statement of a claim against the estate of a deceased person is not sufficiently specific, it is subject to a motion for a more spe

cific statement.-Id.

(C) Disputed Claims.

§ 252 (Iowa) In a proceeding against the estate of a deceased person to recover compensation for services rendered, evidence held to sustain the recovery as well as its amount.-Sullenbarger v. Ahrens, 150 N. W. 71.

(D) Priorities and Payment.

§ 261 (Iowa) While expenditure for a monument is not strictly a funeral expense within Code, § 3347, the court may so class it, postponing it to the payment of a claim for nursing tate, 150 N. W. 1033. in deceased's last sickness. In re Lester's Es

X. ACTIONS.

§ 443 (Minn.) A complaint, in an action by heirs against the administrator to recover lands lost through defendant's failure to pay taxes, or redeem, is demurrable where there is no allegation of negligence and an unassailed discharge of the administrator.-Winters v. Ellefson, 150 N. W. 171.

§ 443 (Minn.) Reply held to raise the question of the probate court's jurisdiction to appoint a special administrator with whom defendant had settled.-Bombolis v. Minneapolis & St. L. R. Co., 150 N. W. 385.

XI. ACCOUNTING AND SETTLEMENT.

(C) Charges and Credits.

§ 479 (Mich.) Administrator held entitled to credit for payment for quitclaim deed to land sold by him, though no claim was ever presented to the commissioners on claims, and though the grantee had made no claim of breach of warranty. In re Thompson's Estate, 150 N. W. 318.

§ 483 (Mich.) Administrator held entitled to credit for discount paid bank in order to realize on a mortgage for the benefit of the estate.In re Thompson's Estate, 150 N. W. 318.

(D) Compensation.

FEDERAL EMPLOYERS' LIABILITY

ACT.

See Appeal and Error, §§ 171, 1062; Commerce, $27 Death, §§ 31, 77; Master and Servant, 88 250, 276, 284, 291; Trial, § 321%.

FEES.

See Injunction, § 75; Judges, § 22.

FELLOW SERVANTS.

See Master and Servant, §§ 159-190, 287.
FENCES.

§ 495 (Mich.) Under Comp. Laws 1897, § See Adverse Possession, § 108.
9438, an administrator, in addition to the stat-
utory commissions on a sale of land, could not

FINDINGS.

be allowed the amount paid real estate brokers. See Appeal and Error, §§ 997-1012; Trial, §§ -In re Thompson's Estate, 150 N. W. 318.

(E) Stating, Settling, Opening, and Re

view.

$502 (Iowa) Under Code, § 3415, allowances claimed by executors or administrators for services, etc., must be specifically stated; there being no presumption that they are reasonable, but the burden being on the administrator or executor. In re Munger's Estate, 150 N. W. 447.

391-396.

FINES.

SI (Wis.) So much of Laws 1909, c. 525 (St. 1913, § 4567m), as permits the county treasurer to retain one-third of certain fines to protect fish and game and reimburse the county for expenses, is violative of Const. art. 10, § 2, relating to application of fines.-State v. Maurer, 150 N. W. 966. FIRES.

Statements by an administratrix for expenses for which counsel was employed held not to See Negligence, § 139; Statutes, § 47. show on their face that they concerned the estate.-Id.

§ 506 (Mich.) On trial of objections to administrator's account, evidence held to show that item in former account for compensation to administrator was never allowed in any proper manner. In re Thompson's Estate, 150 N. W. 318.

$510 (Mich.) Holding that prices for which administrator sold land were adequate held not erroneous, where supported by some evidence. In re Thompson's Estate, 150 N. W. 318.

Where circuit court set aside allowance by probate court to administrator as compensation, pursuant to arrangement before his appointment, on ground that such arrangement was void, question of extra compensation under the statute held not properly before the circuit court.-Id.

FOOD.

83 (Mich.) The Detroit house of correction in charge of a board of inspectors, under Comp. Laws 1897, c. 76, held by an equally divided court to be subject to inspection by the dairy and food commission, or its inspectors, under Pub. Acts 1899, No. 167.-People v. Jacob, 150 N. W. 363.

$8 (S.D.) Laws 1909, c. 296, § 9, and chapter 163, § 15, relating to oleomargarine and substitutes for butter, must be construed as parts of one act, and section 9 includes all yellow substitutes for butter.-State v. Manley, 150 N. W. 291. FORECLOSURE.

See Mechanics' Liens, § 291; Mortgages, §§

331-490.

FOREIGN CORPORATIONS.

$510 (N.D.) Under Comp. Laws 1913, §§ 8599, 8600, an order refusing to approve a final account and order distribution on the sole See Corporations, § 661. ground that the inheritance tax provided by Laws 1913, c. 185, has not been paid, is appealable.-Strauss v. Costello, 150 N. W. 874.

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FOREIGN JUDGMENTS.

See Judgment. § 818.

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Contracts, § 94; Corporations, §§ 116, 121; Deeds, $$ 72, 196, 211; Frauds, Statute of; Fraudulent Conveyances; Husband and Wife, §§ 29, 34; Insurance, §§ 388, 392, 579, 665, 669; Jury, § 14; Process, §§ 65, 149.

II. ACTIONS.

(E) Trial, Judgment, and Review.

§ 65 (Minn.) An instruction in an action for damages from fraudulent misrepresentations as to a car load of strawberries bought held not objectionable, as implying that defendants by trick had prevented plaintiff from discovering the condition of the berries.-Bragg & Co. v. Johnson, 150 N. W. 223.

FRAUDS, STATUTE OF.

III. PROMISES TO ANSWER FOR
DEBT. DEFAULT, OR MISCAR-
RIAGE OF ANOTHER.

§ 26 (Iowa) Statute of frauds held to have no application to defendant's agreement to pay rent for office rented on behalf of corporation; the credit having been given to defendant and the debt being his own.-Whinnery v. Cundiff,

150 N. W. 659.

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IX. OPERATION AND EFFECT OF
STATUTE.

§ 129 (Iowa) If negotiations for the sale of land were affected by statute of frauds, deposit of specified cash payment, authorized on final acceptance of the offer, which was never done held not sufficient part performance.-Hinz v. Middlekauff, 150 N. W. 607.

§ 129 (Minn.) Where a city was permitted to take possession and make improvements under a contract executed by one person under authority of the others interested, and was ready and willing to perform, it was entitled to a conveyance. In re Midway Realty Co., 150 N. W. 615.

§ 129 (N.D.) In view of the payments made and attempted performance by the vendor and a memorandum agreement and performance thereunder, held, that a contract of sale was not void under the statute of frauds.-Ketchum v. Zeeland Mercantile Co., 150 N. W. 453.

$129 (Wis.) An antenuptial contract executed by a prospective wife alone fully performed, except the payment of the money consideration, held not impeachable under the statute of frauds.-Bibelhausen v. Bibelhausen, 150 N. W.

516.

FRAUDULENT CONVEYANCES.

I. TRANSFERS AND TRANSACTIONS
INVALID.

(C) Property and Rights Transferred.

§ 52 (Neb.) Fraud cannot be predicated on a transfer of a homestead interest by a debtor to his wife.-McCormick v. Brown, 150 N. W. 827.

A transfer by a debtor to his wife of the interest in the remainder, derived from a sale amount of the homestead exemption, and of her of the homestead, held not a fraud against his creditors.-Id.

That a husband, without his wife's knowledge, failed to pay his creditors from the proceeds of a sale of the homestead, as he had agreed, held not such fraud by the wife as subjected her interests in the proceeds of the sale to the claims of her husband's creditors.-Id.

(F) Confidential Relations of Parties. her husband may accept payment or security § 104 (Iowa) A wife who is a creditor of from him, though it absorbs the whole estate, provided she acts in good faith.-Miller Watt & Co. v. Mercer, 150 N. W. 694.

(J) Knowledge and Intent of Grantee. § 166 (Mich.) Where a grantee in a deed intended as a mortgage to secure prior advances did not know of another possible liability of the grantor, the instrument was not fraudulent as to the grantee.-Fassbender v. Donohue, 150 N. W. 335.

II. RIGHTS AND LIABILITIES OF
PARTIES AND PURCHASERS.

(A) Original Parties.

§ 186 (S.D.) Where the owner of notes desired to dispose of them to defraud creditors, and plaintiff, knowing of that intent, or having knowledge of circumstances sufficient to put her on inquiry, purchased the notes, she takes them subject to the right of creditors.-Cole v. Reiley, 150 N. W. 299.

(D) Bona Fide Purchasers from Grantec.

§ 202 (N.D.) An innocent purchaser from the assignee under an invalid assignment for benefit of creditors held to have acquired good title as against the assignor.-Greene v. Robbins, 150 N. W. 561.

§ 203 (N.D.) An innocent purchaser from the assignee under an invalid assignment for benefit of creditors held to have acquired good title as against subsequent attaching creditors.Greene v. Robbins, 150 N. W. 561.

III. REMEDIES OF CREDITORS AND
PURCHASERS.

(G) Evidence,

$271 (N.D.) The Bulk Sales Law creates merely a rebuttable presumption that a sale in bulk was fraudulent.-Greene v. Robbins, 150 N. W. 561.

§ 293 (S.D.) Where the holder of notes asserted to have been conveyed in fraud of creditors claimed that he disposed of them in a far distant state because times were hard in the state of the maker's residence, evidence to the contrary is admissible in rebuttal.-Cole v. Reiley, 150 N. W. 299.

Evidence that an unusual discount was allowed upon the conveyance of notes claimed to have been in fraud of creditors is admissible.-Id.

$295 (N.D.) Undisputed evidence that plaintiff purchased a stock in good faith and for value held to rebut the presumption arising under the Bulk Sales Law that the sale was fraudulent.-Greene v. Robbins, 150 N. W. 561.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER

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