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par. 8, held not entitled, in view of How. Ann. 1 $ 7. Tax titles.
firmation except in cases where taxes were
want of jurisdiction is shown, or where taxes
were paid, or property was exempt.-Berkey v.
Burchard (Mich.) 635; Burchard v. Berkey,
When bill of review has been granted to set
aside tax sale for cause mentioned in Pub.
to such cases.-Berkey Burchard
(Mich.) 635; Burchard v. Berkey, Id.; Lord v.
An auditor's tax deed of lands bid in by the
Ann. St. § 5729.-Dawson v. Peter (Mich.) 997.
A tax deed is not prima facie evidence of title,
sive evidence of title in fee in the grantee, are
unconstitutional.---Dawson v. Peter (Mich.) 997.
Action by owner of land after entry of tax
1589, except as therein provided.-Davis v.
Where a tax sale is invalid, the purchaser is
A tax deed of record for more than the full
time limited by law for action to set it aside
Void tax deeds held to constitute color of title.
Complaint on tax deed held to sufficiently show
Hunt v. Milier (Wis.) 874.
Complaint on tax deed to bar former owner
tificate.-Hunt y. Miller (Wis.) 874.
A tax deed of tracts sold to the county and
an individual held not to show that they were
jointly.-Hunt v. Wenger (Wis.) 901.
A tax deed, including tracts sold to different
cessive assignees, where there were more than
Where a person obtains a state assignment of See "Schools and School Districts," § 1.
TELEGRAPHS AND TELEPHONES.
A principal held not guilty of contributory neg.
telegraph company informed him that it had
been repeated and was correct.-Hasbrouck v., on short notice, a refusal to accept is a waiv-
er of its production.-Steckel v. Standley (Iowa)
A tender of too large an amount, accompanied
refused as insufficient in amount. - People's
For carriage of passengers, see “Carriers,” $ 2.
For taking appeal or suing out writ of error,
see "Appeal and Error," $ 5.
Gen. Laws 1889, c. 87, re-enacting the liq-
refer to standard time, as established at the
Removal of cloud, see "Quieting Title.”
Particular species of property or rights.
Purchase by tenant in common of outstand- Titles of particular acts or proceedings.
Tenant in common leasing interest of co-ten- and Servant," $8 3-8.
Co-tenants are liable inter se for liens against Measure of damages, see “Damages," $ 2.
By particular classes of parties.
Agents, see “Principal and Agent," $ 3.
and Detainer," $ 1; “Fraud"; "Libel and
Slander"; "Malicious Prosecution"; "Negli-
gence"; "Nuisance"; "Trover and Conversion."
Civil damages from sale of liquors, see "In-
Evidence held insufficient to sustain action.-
Rights of parties on surrender of lease deter-
mined.-Baker v. Anglim (Minn.) 45.
tricts," $ 1.
81. Government and officers.
under. How. Ann. St. § 744, providing that of jury.-Rudiger v. Chicago, St. P., M. & 0.
§ 4. Taking case or question from jury.
A directed verdict cannot be sustained unless
reasonable men could not differ as to the facts
established by the evidence.-Morey V. Laird
Where evidence constituted a defense to a
note sued on, if believed, it was error to direct
a verdict for plaintiff.—Morey v. Laird (Iowa)
The weight of a concession entered in one
trial held, in another action against another par-
Where there is no evidence of waiver of con-
ditions in an insurance policy, held error to sub-
mit the question of waiver to the jury.-Crouin
Directing verdict on conflicting evidence held
error.-Morton v. Harvey (Neb.) 808.
A party held to have submitted all questions
of fact for the determination of the court.-
(N. D.) 615.
In action to recover for injuries to employé,
thern Ry. Co. (N. D.) 1016.
Where a verdict for one party would have to
properly be directed.-Fisher y. Porter (S. D.)
is for the jury.-Kuenster v. Woodhouse (Wis.)
conflicting inferences, motion to direct verdict
Plaintiff must prove the manner and cause of
an accident by which she was injured, and, if
the circumstances are as consistent with a the.
8 5. Instructions to jury.
Instruction in action on contract held erroneous,
as a departure from issues.-Pitstick v. Oster-
man (Iowa) 815.
Objection that instruction is not sufficiently
Anderson (Iowa) 1026.
dicial error.-Prutt v. Chicago, R. I. & P. Ry.
Co. (Iowa) 1064.
Instructions held not defective as requiring an
annulling an agent's bond in order to release
sureties.-Union Cent. Life Ins. Co. v. Smith
It is proper to refuse an instruction which
Schneider Co. v. Snyder (Neb.) 118.
A positive misstatement of the law in an in-
statement.-Missouri Pac. Ry. Co. v. Fox
An instruction that contributory negligence
presupposes defendant's negligence held not prej.
Goodwin (Neb.) 357.
Misconduct of plaintiff's counsel held to find facts of which there is no evidence are
Improper remarks of counsel held not cured Error in instruction excluding from consider-
instructions on the subject omitted.-Knapp v. of the action.-Nye & Schneider Co. v. Snyder
§ 1. Acts consti uting conversion, and
Where, after a levy of execution, defendant
ing officer may bring action for trover.-Vanos-
dall v. Hamilton (Mich.) 9.
In trover by owner of crop raised on shares
converted.-Avery v. Stewart Minn.) 560.
signments for Benefit of Creditors.”
Secret trusts, see "Fraudulent Conveyances,"
Shupe v. Bartlett (Iowa) 455.
An assignee held not bound to account for a
assignor.-Jewell v. Clay (Iowa) 511.
Where two advanced the price of land, and the
Code 1873, 1934, requiring trusts in real
v. Price (Iowa) 848.
ing trust.--Culp v. Price (Iowa) 818.
Request for special finding held not covered tended as an advancement.-Culp v. Price (Iowa)
Under Revision 1860, 8 2213, receipt for money
subsequently invested in land held to create no
manner as a deed of conveyance.--Cornelison
v. Roberts (Iowa) 1028.
The fact that a husband, jointly bound with
The doctrine of resulting trusts was not abol.
a contemporaneous parol agreement that gran-
land pay grantor half the proceeds, was un-
Where trust in land was void because not in
forced.-Cameron v. Nelson (Neb.) 771.
have some right to, or interest in, the fund.-1
A member of a benefit association has no Limits of jurisdiction, see "Appeal and Error,"
Holder of sheriff's certificate of sale by fraud, Between pleading and proof in criminal prose-
cutions, see "Indictment and Information,"
VENDOR AND PURCHASER.
Specific performance of contract, see “Specific
§ 1. Construction and operation of con-
contract.--Jackson v. Phillips (Neb.) 683.
$ 2. Modification or rescission of con-
Where a purchaser refuses to make payments
as agreed, and refuses to vacate, he affirms the
§ 3. Rights and liabilities of parties.
A husband jointly bound with his wife, to
share.--Burkhardt v. Burkhardt (Iowa) 1069.
reasonably prudent purchaser of the land on in-
quiry.-Oconto Co. v. Lundquist (Mich.) 950.
Where surety on bond of receiver knew all
the facts relating to an illegal sale of land,
and thereafter purchased the same, he stood in
the place of the receiver, and was not a bona
fide purchaser.-Donahue Quackenbush
One purchasing land in possession of a third
person, under written contract with a vendor,
assumes the obligations of such contract.-Mur-
phey v. Illinois Trust & Savings Bank (Neb.)
Where contract between occupant of land
8 4. Remedies of vendor.
Where, in an action for the price of land,
tiff's fraudulent representations as to value,
defendant is not estopped from setting up the
Evidence held sufficient to warrant submitting
to the jury the question of vendor's fraud in
inducing the sale.--Morman Harrington
In an action for the price of land to which
the defense was vendor's fraudulent representa-
tions as to value, it was not error to permit
defendant to ask plaintiff what he paid for
the land.-Morman v. Harrington (Mich.) 242.