par. 8, held not entitled, in view of How. Ann. 1 $ 7. Tax titles.
St. $ 8318, to replevy property taken on 'a Under Pub. Acts 1893, p. 389, $ 70, tax sales
warrant for the assessment.--Forster v. Brown cannot be set aside for irregularity after con-
(Mich.) 646.

firmation except in cases where taxes were
A city held entitled, under Pub. Acts 1893, No. paid or property was exempt.-Spaulding v
206, $ 40, to maintain assumpsit for taxes' due; O'Connor (Mich.) 323.
though its treasurer could not, because defend-: Under Pub. Acts 1897, p. 288, $ 70, leave to
ant was not the person against whom the tax file bill of review to set aside tax sale after
was assessed.-City of Menominee v. S. K. confirmation can only be allowed where total
Martin Lumber Co. (Mich.) 704.

want of jurisdiction is shown, or where taxes
Evidence held to esta blish that a levy of coun-

were paid, or property was exempt.-Berkey v.
ty taxes was fraudulent and excessive.—Med- Id.; Lord v. Dix, id.

Burchard (Mich.) 635; Burchard v. Berkey,
land v. Connell (Neb.) 437.

When bill of review has been granted to set
Personal taxes cannot be collected by ac-
tion where the only method authorized by stat-

aside tax sale for cause mentioned in Pub.
ute is distress and sale.—Brule County v. King Acts 1897, p. 288, $ 70, hearing must be con-

to such cases.-Berkey Burchard
(S. D.) 107.

(Mich.) 635; Burchard v. Berkey, Id.; Lord v.
An action on an agreement to submit distress Dix, Id.
liability for personal taxes to a court held an
action to recover the taxes, notwithstanding state for taxes held sufficient, under 2 How.

An auditor's tax deed of lands bid in by the
the agreement is pleaded.---Brule County v.
King (S. D.) 107.

Ann. St. § 5729.-Dawson v. Peter (Mich.) 997.
An agreement to submit the question of dis-

A tax deed is not prima facie evidence of title,
tress liability and the liability of property seized without proof of the regularity of all anterior
for the payment of personal taxes to a court proceedings.-Dawson v. Peter (Mich.) 997.
for determination, held void, since it is not au- Pub. Acts 1889, No. 195, $ 67, and Pub. Acts
thorized by statute.--Brule County v. King (s. 1893, No. 206, $ 72, making, tax deeds conclu-
D.) 107,

sive evidence of title in fee in the grantee, are

unconstitutional.---Dawson v. Peter (Mich.) 997.
§ 5. Sale of land for nonpayment of
tax.

Action by owner of land after entry of tax
Affidavit of publication of order and petition : judgment, to have a part thereof declared void
in tax-sale proceeding which does not allege on the ground that the assessment was ille-
that order preceded petition, as required by gal, cannot be maintained.--Davis v. Board of
lav but which has attached to it single clip. Com’rs of Grant County (Minn.) 518.
ping containing complete publication in proper Judgment in proceedings to collect delinquent
order, is sufficient.-Spaulding v. O'Connor taxes held final, under Gen. St. 1894, $$ 1582,
(Mich.) 323.

1589, except as therein provided.-Davis v.
Affidavit of publication of order and petition Board of Com’rs of Grant County (Minn.) 548.
in tax-sale proceeding held sufficient, though it Action to enforce tax lien is barred in five
merely referred to them as a “notice.”-Spauld- years.--Carson v. Broady (Neb.) 80.
ing v. O'Connor (Mich.) 323.

Where a tax sale is invalid, the purchaser is
The state has an interest in lands struck off subrogated to the rights of the public.-Medland
to it at a tax sale, to the extent of all delinquent v. Connell (Neb.) 437.
taxes, including state, county, and city taxes.-
Dawson v. Peter (Mich.) 997.

A tax deed of record for more than the full

time limited by law for action to set it aside
A sale for taxes due for one year does not held effective to cut off all interest under prior
discharge those levied and delinquent for pre- tax deed.-Meldahl v. Dobbin (N. D.) 280.
vious years.-Medland v. Connell (Neb.) 437.

Void tax deeds held to constitute color of title.
A tax sale is invalid where it is not made for –Parker v. Vinson (S. D.) 1023.
all delinquent taxes against the land, with in-
terest and costs.- Medland v. Connell (Neb.) that the proper seal was affixed to the deed.-

Complaint on tax deed held to sufficiently show
437.

Hunt v. Milier (Wis.) 874.
In a suit to foreclose a tax lien, the defense
that the levy exceeded the constitutional limit held not demurrable, because stating gross sum

Complaint on tax deed to bar former owner
must be presented by answer.-Medland v. Con- paid for taxes on several lots after issue of cer-
nell (Neb.) 437.

tificate.-Hunt y. Miller (Wis.) 874.
A private sale for taxes is invalid where the

A tax deed of tracts sold to the county and
treasurer has failed to make return to the coun-

an individual held not to show that they were
ty clerk of the public sale required by statute. illegally sold to the county and the individual
-Medland v. Connell (Neb.) 437.

jointly.-Hunt v. Wenger (Wis.) 901.
$ 6. Redemption from tax sale.

A tax deed, including tracts sold to different
A tax deed held properly canceled by the au- purchasers, need not show what particular tracts
ditor, within Pub. Acts 1893, No. 206, § 98, were sold to each, nor that the grantee who has
subd. 2, on the ground that the tax had been acquired the certificates of sale by purchase took
seasonably redeemed.--Youngs v. Auditor Gen- direct from the purchasers, nor name the suc-
eral (Mich.) 5.

cessive assignees, where there were more than
Notice of expiration of time for redemption one.--Hunt v. Wenger (Wis.) 901.
from tax sale, fixing the time at 90 instead of
60 days, as prescribed by statute, is insuf-

TEACHERS.
ficient.--Kipp v. Robinson (Minn.) 414.

Where a person obtains a state assignment of See "Schools and School Districts," § 1.
lands bid off by state at tax sale, he must pay
interest on subsequent delinquent taxes, and
owner who redeems must pay interest from the

TELEGRAPHS AND TELEPHONES.
assignment on this interest as well as on all oth-
er sums.-McLachlan v. Carpenter (Minn.) 436. 8 1. Operation.

A principal held not guilty of contributory neg.
Notice of expiration of redemption from tax ligence in acting on a telegram changed in
sale held not to comply with Gen. St. 1894, 8 transmission, received from his agent, where the
1654.--Mather v. Curley (Minn.) 957.

telegraph company informed him that it had

been repeated and was correct.-Hasbrouck v., on short notice, a refusal to accept is a waiv-
Western Union Tel. Co. (lowa) 1034.

er of its production.-Steckel v. Standley (Iowa)

489.
A principal who authorized a settlement be-
cause of a telegram from his agent changed in A complaint held to show that a tender was
transmission held not bound to attempt to re- kept good.-Dunn v. Dewey (Minn.) 793.
scind the settlement before suing for damages.-
Hasbrouck v. Western Union Tel. Co. (Iowa) by a demand for change, helil sufficient when

A tender of too large an amount, accompanied
1034.

refused as insufficient in amount. - People's
Evidence of a principal that he would not Furniture & Carpet Co. v. Crosby (Neb.) 658.
have authorized a settlement had a message from
his agent been delivered as sent held admissible
in an action against the telegraph company for

TERMS.
erroneous transmission.-Hasbrouck v. Western Of courts, see "Courts," 2.
Union Tel. Co. (Iowa) 1034.
Where an agent effected a settlement because

TESTAMENTARY CAPACITY.
of an erroneous telegram, an instruction, in an
action against the telegraph company, that his See "Wills," $ 1.
failure to follow the strict letter of his authori-
ty was immaterial, unless the departure occa-

THEFT.
sioned the loss, held correct.-Hasbrouck v. See “Larceny."
Western Union Tel. Co. (Iowa) 1034.

TICKETS.
TENANCY IN COMMON.

For carriage of passengers, see “Carriers,” $ 2.
§ 1. Creation and existence.
Where a deed is to a husband and wife, they

TIME.
hold as tenants in common, under Code, $ 2923,
which provides that conveyances to two or For holding court, see “Courts," § 2.
more in their own right create a tenancy in For performance of contract, see "Contracts,"
common.-Bader v. Dyer (Iowa) 469.

$ 2.

For taking appeal or suing out writ of error,
§ 2. Mutual rights, duties, and liabili-

see "Appeal and Error," $ 5.
ties of co-tenants.
Petition for contribution between co-tenants

Gen. Laws 1889, c. 87, re-enacting the liq-
held not by implication to state that they were uor law of 1878, providing for closing places
partners.-Koboliska v. Swehla (Iowa) 576. where liquor is sold at 11 o'clock p. m., held to
Where co-tenant, at request of the other, time of its passage.--State v. Johnson (Minn.)

refer to standard time, as established at the
pays mortgage, he is entitled to contribution,

293.
and to a lien on the other's interest.-Koboliska
v. Swehla (Iowa) 576.

TITLE.
Facts held to establish title by adverse posses- Color of title, see "Adverse Possession.”
sion by a tenant in common against his co-ten- Covenants of title, see “Covenants." 8 1.
ants.-Casey v. Casey (Iowa) 844.

Removal of cloud, see "Quieting Title.”
Declarations of sole ownership by a tenant in Tax titles, see “Taxation,” s 7.
common in possession are admissible to show in-

Particular species of property or rights.
tent to hold adversely, though not made in pres-
ence of co-tenants.-Casey v. Casey (Iowa) 844. See “Mines and Minerals," § 2.

Purchase by tenant in common of outstand- Titles of particular acts or proceedings.
ing title held to inure to common benefit.--Car- Statutes, see “Statutes," $ 2.
son v. Broady (Neb.) 80.
Acquisition of outstanding title before be-

TOOLS.
coming tenant in common does not inure to
common benefit.-Carson v. Broady (Neb.) 80. Liability of employer for defects, see "Master

Tenant in common leasing interest of co-ten- and Servant," $8 3-8.
ant, and remaining in possession after the term,
will be presumed to be holding under the lease.

TORTS.
-Carson v. Broady (Neb.) 80.

Co-tenants are liable inter se for liens against Measure of damages, see “Damages," $ 2.
the common estate in proportion to their respec-
tive interests.--Oliver v. Lansing (Neb.) 802.

By particular classes of parties.

Agents, see “Principal and Agent," $ 3.
Where tenant has paid more than his share of
a charge on common property, he is to the ex-

Particular torts.
tent of excessive contribution subrogated to See “False Imprisonment,” $ 1; “Forcible Entry
rights of lien creditors. - Oliver V. Lansing

and Detainer," $ 1; “Fraud"; "Libel and
(Neb.) 802.

Slander"; "Malicious Prosecution"; "Negli-
8 3. Rights and liabilities of co-ten-

gence"; "Nuisance"; "Trover and Conversion."
ants as to third persons.

Civil damages from sale of liquors, see "In-
Where tenant in common is subrogated to toxicating Liquors," $ 6.
rights of lien creditor because of incumbrance
paid, the right does not pass under a mortgage Baker v. Anglim (Minn.) 45.

Evidence held insufficient to sustain action.-
conveying his undivided interest in the common
property.-Oliver v. Lansing (Neb.) 802.

Rights of parties on surrender of lease deter-

mined.-Baker v. Anglim (Minn.) 45.
TENDER.

TOWNS.
A deposit with clerk of court of certified
check. pursuant to tender, held good, the clerk See, also, “Counties”; “Schools and School Dis-
at all times having control of the money.-

tricts," $ 1.
Steckel v. Standley (Iowa) 489.

81. Government and officers.
Where one tendering payment had the money The two oldest justices holding office at the
at bank near by, and could have produced it time hed to be members of township boards,

nesses.

under. How. Ann. St. § 744, providing that of jury.-Rudiger v. Chicago, St. P., M. & 0.
such boards shall include two justices whose Ry. Co. (Wis.) 169.
terms of office soonest expire.-Laroue v. Con-
way (Mich.) 11.

§ 4. Taking case or question from jury.

A directed verdict cannot be sustained unless

reasonable men could not differ as to the facts
TRANSCRIPTS.

established by the evidence.-Morey V. Laird

(Iowa) 835.
As evidence, see "Evidence," $ 10.

Where evidence constituted a defense to a

note sued on, if believed, it was error to direct
TRESPASS.

a verdict for plaintiff.—Morey v. Laird (Iowa)

835.
To the person, see “False Imprisonment."

The weight of a concession entered in one

trial held, in another action against another par-
TRESPASS TO TRY TITLE. ty, to be for the court.-Taylor v. State Ins. Co.

(Iowa) 1032.
See "Ejectment."

Where there is no evidence of waiver of con-
TRIAL.

ditions in an insurance policy, held error to sub-

mit the question of waiver to the jury.-Crouin
See, also. “New Trial”; “Reference"; "Wit- v. Fire Ass'n of Philadelphia (Mich.) 618.

Directing verdict on conflicting evidence held
Proceedings incident to trials.

error.-Morton v. Harvey (Neb.) 808.
Place of trial, see “Venue,"' $ 3.

A party held to have submitted all questions
Right to trial by jury, see "Jury," $ 1.

of fact for the determination of the court.-
Summoning and impaneling jury, see "Jury,” First Methodist Episcopal Church v. Fadden
S 2.

(N. D.) 615.
Trial of particular civil actions or proceedings. motion to dismiss for insufficient evidence held

In action to recover for injuries to employé,
See "Ejectment,” $ 3; “Libel and Slander," 8 2; improperly granted.-Cameron v. Great Nor-
"Negligence," $ 3; “Replevin," $ 6.

thern Ry. Co. (N. D.) 1016.
Criminal prosecutions, see "Criminal Law," 8 6.
Suits to try tax titles, see "Taxation," $ 7.

Where a verdict for one party would have to
Trial of right to property levied on, see "Esecu. be set aside, a verdict for the other could
tion," $ 4.

properly be directed.-Fisher y. Porter (S. D.)

112.
Trial of particular criminal prosecutions. The weight to be given to particular evidence
See "Larceny," 1.

is for the jury.-Kuenster v. Woodhouse (Wis.)

165.
$ 1. Course and conduct of trial in gen- Where the evidence is not susceptible of
eral.

conflicting inferences, motion to direct verdict
Where a judge was taken sick after the testi- should be granted as of right.-Cawley v. La
mony was in and closing arguments made, and Crosse City Ry. Co. (Wis.) 179.
was unable to charge the jury, it should have
been discharged.-Rossman v. Moffett (Minn.)

Plaintiff must prove the manner and cause of
960.

an accident by which she was injured, and, if

the circumstances are as consistent with a the.
For the court, on motion to direct a verdictory not actionable as otherwise, defendant is
for defendant, to first announce nonsuit grant- entitled to the direction of a verdict.-Hyer v.
ed, and, after noon recess, withdraw decision, City of Janesville (Wis.) 729.
and direct verdict, held harmless error.-Portance
v. Lehigh Val. Coal Co. (Wis.) 875.

8 5. Instructions to jury.

Instruction in action on contract held erroneous,
§ 2. Reception of evidence.

as a departure from issues.-Pitstick v. Oster-
An objection held insufficient to raise the ob-

man (Iowa) 815.
jection that the witness was disqualified by
Code, $ 4604, prohibiting certain persons from

Objection that instruction is not sufficiently
testifying as to transactions with persons there comprehensive is insufficient, in absence of re-
after deceased. — Burdick v. Raymond (Iowa) quest on point involved. - Ware Cattle Co. v.
833.

Anderson (Iowa) 1026.
An objection to an agent's admission for in- Division of a requested interrogatory into two,
competency held insuflicient.--Detzur v. B. Stroh containing all that was in the one, is not preju-
Brewing Co. (Mich.) 918.

dicial error.-Prutt v. Chicago, R. I. & P. Ry.

Co. (Iowa) 1064.
An objection to a question for incompetency
does not advise the court that its form is objec-

Instructions held not defective as requiring an
tionable. - Detzur V. B. Stroh Brewing Co. insurance company to take affirmative action in
(Mich.) 918.

annulling an agent's bond in order to release

sureties.-Union Cent. Life Ins. Co. v. Smith
Where testimony is received without objec- (Mich.) 706.
tion, the disposition of a motion to strike it out
for incompetency is discretionary with the trial has already been given in substance.- Nye &

It is proper to refuse an instruction which
court.-McClellan v. Hein (Neb.) 120.

Schneider Co. v. Snyder (Neb.) 118.
Admission of evidence in rebuttal which was
proper in chief held in the discretion of the trial struction is not cured by a further correct

A positive misstatement of the law in an in-
court.-McClellan v. Hein (Neb.) 120.

statement.-Missouri Pac. Ry. Co. v. Fox
It is proper to reject an offer of proof not (Neb.) 130.
within the limits of the question on which the
offer is based.-Barr v. Post (Neb.) 123.

An instruction that contributory negligence
Evidence held admissible in rebuttal.-Union udicial to defendant.--Union Stock-Yards Co. v.

presupposes defendant's negligence held not prej.
Stock-Yards Co. v. Goodwin (Neb.) 357.

Goodwin (Neb.) 357.
$ 3. Arguments and conduct of counsel. Instructions which leave the jury at liberty

Misconduct of plaintiff's counsel held to find facts of which there is no evidence are
ground for new trial.-Barr v. Post (Neb.) 123. erroneous.-State v. Bartley (Neb.) 438.

Improper remarks of counsel held not cured Error in instruction excluding from consider-
by ruling, excluding them from consideration lation material issues held not cured by other

no

instructions on the subject omitted.-Knapp v. of the action.-Nye & Schneider Co. v. Snyder
Chicago, K. & N. R. Co. (Neb.) 656.

(Neb.) 118.
Instructions excluding from consideration of
jury material issues based on evidence held er- TROVER AND CONVERSION.
roneous.-Knapp v. Chicago, K. & N. R. Co.
(Neb.) 656.

§ 1. Acts consti uting conversion, and
A court may not give an instruction assuming

liability therefor.
existence of facts where the evidence is conflici-

Where, after a levy of execution, defendant
ing, and submit question of existence to jury. takes forcible possession from custodian, levy-
- Morton v. Harvey (Neb.) 808.

ing officer may bring action for trover.-Vanos-

dall v. Hamilton (Mich.) 9.
Where court has given instruction assuming
existence of certain facts as to which the evi.

In trover by owner of crop raised on shares
dence is conflicting, further instruction that jury against third person for conversion of the crop.
should not be affected by the instruction does held, that there had been no division, and that
not cure the error.-Morton v. Harvey (Neb.) the share of such owner had heen unlawfully
808.

converted.-Avery v. Stewart Minn.) 560.
An instruction held to involve a misdirection,
and not a mere omission.-Dinnie v. Johnson

TRUSTEE PROCESS,
(N. D.) 612.

See "Garnishment."
An instruction that the jury must be con-
vinced of the truth of defendants' claim by a
preponderance of the evidence, before they can

TRUSTS.
find in their favor, held proper where defend-
ants had the burden.-Kuenster v. Woodhouse Conveyances in trust for creditors, see “As-
(Wis.) 105.

signments for Benefit of Creditors.”

Secret trusts, see "Fraudulent Conveyances,"
A charge correct in itself as far as it goes

$ 1.
is not erroneous by reason of its omission to Trust deeds, see “Chattel Mortgages."
instruct on a point which might properly have
been the subject of an instruction, but in re- 8. 1. Creation, existence, and validity.
lation to which none was asked.-National A trust held not to result where the husband
Bank of Merrill v. Illinois & W. Lumber Co. purchased property with the wife's funds.-
(Wis.) 185.

Shupe v. Bartlett (Iowa) 455.
It is not error to refuse to give an instruction Facts held not to constitute a constructive
whose substance has already been given.-Na- trust in favor of a wife against a husband.-
tional Bank of Merrill v. Illinois & W. Lumber Shupe v. Bartlett (Iowa) 455.
Co. (Wis.) 185.

An assignee held not bound to account for a
A submission of three questions in one to the loan to his assignor as a trust fund belonging
jury, as a special verdict, held error.-Dugal v. to the wife of the lender in the hands of his
City of Chippewa Falls (Wis.) 878.

assignor.-Jewell v. Clay (Iowa) 511.
$ 6. Verdict.

Where two advanced the price of land, and the
It was error to refuse to submit special inter- deed was taken in the name of one. a resulting
rogatories which called for essential ultimate trust will not arise, where the sum furnished by
facts.- McCoy v. lowa State Ins. Co. (Iowa) each is not proved.---Culp v. Price (Iowa) 818.
529.

Code 1873, 1934, requiring trusts in real
It is not error to refuse interrogatories the property to be created in writing, does not apply
answer to which cannot affect the general ver- to trusts resulting by operation of law.-Culp
dict.-Nodle v. Hawthorne (Iowa) 1062.

v. Price (Iowa) 848.
A verdict held not void for coercion and re- Evidence held not sufficient to show that land
straint of the jury by an instruction of the purchased in the name of a son was in fact
court.---Stevenson v. Detroit & M. Ry. Co. paid for by the father, in order to raise a result-
(Mich.) 247.

ing trust.--Culp v. Price (Iowa) 818.
Under Gen. St. 1894. $ 5380, permitting jury Land purchased and paid for by a father, but
to return special verdict held discretionary - the title to which was taken in the name of his
Morrow v. St. Paul City Ry. Co. (Minn.) 303. son, will be in trust for the father. unless in-

Request for special finding held not covered tended as an advancement.-Culp v. Price (Iowa)
by one granted.-Rudiger v. Chicago, St. P.,

848.
M. & O. Ry. Co. (Wis.) 169.

Under Revision 1860, 8 2213, receipt for money
A court need not require a special finding trust therein, where not executed in the same

subsequently invested in land held to create no
by jury as to fact which it has right to as-

manner as a deed of conveyance.--Cornelison
sume.-Rudiger v. Chicago, St. P. M. & 0.

v. Roberts (Iowa) 1028.
Ry. Co. (Wis.) 169.

The fact that a husband, jointly bound with
In accident case, held error to refuse defend his wife to furnish the consideration for a con-
ant's request to submit certain questions as to veyance, furnished more than his share, on the
physical facts directly put in issue by the wife becoming incompetent, held not to create a
pleadings, within Rev. St. § 2878.-Lee v. Chi-resulting trust in his favor.-Burkhardt v. Burk-
cago, St. P., M. & 0. Ry. Co. (Wis.) 714. hardt (Iowa) 1069.
8 7. Trial by court.

The doctrine of resulting trusts was not abol.
The statute authorizing the granting of re- ished by Gen. St. 1894, $ 4280, as to personal
lief, regardless of the prayers in the pleadings, property.-Dunn v. Dewey (Minn.) 793.
does not authorize an amendment of conclusions Where land is conveyed by deed of warranty,
of law, so as to grant relief in a matter that was

a contemporaneous parol agreement that gran-
not litigated on the trial.--Norton v. Myers tee should have a half interest, and on sale of
(Minn.) 539.

land pay grantor half the proceeds, was un-
§ 8. Waiver and correction of irregu- enforceable.-Cameron v. Nelson (Neb.) 771.
larities and errors.

Where trust in land was void because not in
Error in admitting evidence held cured by writing, a promise to pay half of the proceeds,
striking it out and directing jury to disregard being dependent on the trust, could not be en-
it.---Boyce v. Barker (Mich.) 692.

forced.-Cameron v. Nelson (Neb.) 771.
Misconduct of a juror is waived where the To create a trust fund out of which trustee
party, with knowledge of it, awaits the result I may make disbursements, the trustor must
$ 1.

have some right to, or interest in, the fund.-1

VALUE.
Fisher v. Donovan (Neb.) 778.

A member of a benefit association has no Limits of jurisdiction, see "Appeal and Error,"
such interest in the proceeds of a certificate
therein that he can create a trust in favor of

VARIANCE.
his creditors.-Fisher v. Donovan (Neb.) 778.

Holder of sheriff's certificate of sale by fraud, Between pleading and proof in criminal prose-
preventing owner from redeeming and taking

cutions, see "Indictment and Information,"
sheriff's deed, held an involuntary trustee, un-

§ 3.
der Rev. Codes, $ 4263.—Prondzinski v. Gar-
butt (N. D.) 1012.

VENDOR AND PURCHASER.
Rev. St. $8 2071-2077, abolishing uses and
trusts, held not to apply to conveyances of a See, also, “Sales.”
partner's interest to the firm, induced by fraud. Purchasers at tax sale, see “Taxation," $ 7.
-Weirich v. Dodge (Wis.) 906.

Specific performance of contract, see “Specific

Performance."
§ 2. Establishment and enforcement of
trust.

§ 1. Construction and operation of con-
Evidence in action to establish resulting trust

tract.
in land held insufficient.-Cornelison v. Roberts A contract held not to be a lease, but a land
(Iowa) 1028.

contract.--Jackson v. Phillips (Neb.) 683.
Where trustee under trust deed with power Contract for sale of real estate construed,
to sell at foreclosure bids in trust property in ' and held to give an option for its purchase, and
his own name for the use of beneficiaries, with that failure of the purchaser to make payments
their consent, he is not liable to account for specified gave seller no cause of action.-Darr
the money for which the property was bid in. v. Mummert (Neb.) 767.
- Mareck v. Minneapolis Trust Co. (Minn.) 428.

$ 2. Modification or rescission of con-
Bill for an accounting against a trustee held

tract.
to state facts sufficient to constitute a cause of

Where a purchaser refuses to make payments
action.-Floberg v. Joslin (Vinn.) 557.

as agreed, and refuses to vacate, he affirms the
Owner of trust property held not entitled to contract, and cannot recover back payments al-
preference over general creditors of insolvent ready made, for defects in title.-Corbett v.
trustee.--Morrison v. Lincoln Savings Bank & Schulte (Mich.) 947.
Safe-Deposit Co. (Neb.) 635.

§ 3. Rights and liabilities of parties.
§ 3. Liabilities on trustees' bonds.

A husband jointly bound with his wife, to
The county has no power to discharge surety whom property had been conveyed to furnish the
on trustee's bond by taking new bond with oth- consideration, held not entitled to the whole
er sureties.-Richter v. Leiby's Estate (Wis.) ' property because he furnished more than his
745.

share.--Burkhardt v. Burkhardt (Iowa) 1069.
Evidence held to establish jurisdiction of coun- Facts held sufficient notice of occupation under
ty court to appoint trustee.-Richter v. Leiby's a contract for the removal of timber to put a
Estate (Wis.) 745.

reasonably prudent purchaser of the land on in-

quiry.-Oconto Co. v. Lundquist (Mich.) 950.
UNDERTAKINGS.

Where surety on bond of receiver knew all

the facts relating to an illegal sale of land,
See "Bonds."

and thereafter purchased the same, he stood in

the place of the receiver, and was not a bona
UNLAWFUL DETAINER.

fide purchaser.-Donahue Quackenbush

1.(Minn.) 430.
See “Forcible Entry and Detainer."

One purchasing land in possession of a third

person, under written contract with a vendor,
USURY.

assumes the obligations of such contract.-Mur-

phey v. Illinois Trust & Savings Bank (Neb.)
8 1. Usurious contracts and transac- 1102.
tions.

Where contract between occupant of land
Payment by the borrower of the lender's nec- sold and vendor that the latter should pay for
essary expenses in making the loan, in addition improvements made by occupant rests in pa rol,
to legal interest, does not constitute, usury. - purchaser is not bound, if without notice.-Mur-
Iowa Savings & Loan Ass'n v. Heidt (Iowa) phey v. Illinois Trust & Savings Bank (Neb.)
1050.

1102.
Where interest allowed by law at place of A purchaser held charged with notice of an
performance of contract is higher than that of unrecorded agreement referred to in a deed and
the place of delivery, the parties may stipulate given in consideration of it.-Town v. Gensch
for a higher rate, without incurring the pen- (Wis.) 893.
alties of usury.-Ames v. Benjamin (Minn.)
230.

8 4. Remedies of vendor.
Evidence held insufficient to show attempt to defendant seeks to recoup his damage for plain-

Where, in an action for the price of land,
evade the usury law.-Ames Benjamin

tiff's fraudulent representations as to value,
(Minn.) 230.

defendant is not estopped from setting up the
Plea of usury in contract evidenced by note in fraud by the fact that he received the deed
suit held sufficient against attack by demurrer and paid part of the price with knowledge of
during trial.--First Nat. Bank v. Pennington the fraud.-Morman v. Harrington (Mich.) 242.
(Neb.) 1084.

Evidence held sufficient to warrant submitting
VACATION.

to the jury the question of vendor's fraud in

inducing the sale.--Morman Harrington
Of courts, see "Courts." $ 2.

(Mich.) 242.
Of highways, see "Highways," $ 1.

In an action for the price of land to which

the defense was vendor's fraudulent representa-
Vacating particular proceedings.

tions as to value, it was not error to permit
Of judgment, see "Judgment," $$ 3, 7.

defendant to ask plaintiff what he paid for
Sale on execution, see "Execution," $ 5.

the land.-Morman v. Harrington (Mich.) 242.

v.