2. An averment of an easement will support an action for trespass. Cave vs. Crafts, 482.

See VERDICT.

UNDERTAKING ON APPEAL.

1. A certificate that a good and sufficient undertaking on appeal in due form of law has been executed and is now on file in said action, does not conform to Section 953 of the Code of Civil Procedure. Watson vs. Cornell, 106.

VENUE.

See Wilson vs. S. P. R. R. Co,

VERDICT.

1. Where in an action for trespass the damages proven are nominal, but the verdict is equal to the entire value of the property, the verdict will be set aside. S. L. G. R. Co. vs. S. and C. R. R. Co., 170.

VIEW OF PREMISES.

See CRIMINAL LAW.

WATER.

See RIPARIAN OWNERS.

WAIVER.

See FINDINGS.

WAREHOUSE RECEIPTS.

1. The assignment of a warehouse receipt will transfer the title to the goods, and it must necessarily follow that the possession of the receipt indorsed in blank is presumptive evidence of the ownership of the goods by the holder of the receipt. 2. By Section 2991, Civil Code, one who has allowed another to assume apparent ownership of property for the purpose of making any transfer of it, can not set up his own title to defeat a pledge of the property made by the other to a pledgee who received the property in good faith in the ordinary course of business and for value.

3. A pre-existing debt is a valuable consideration within the meaning of that Section. Davis vs. Russell, 83.

See Farmers' Storage Co. vs. De Lappe.

WILLS.

1. A testator has power to dispose of only one-half of the common property; the other survives to the wife, and she by receiving letters testamentary, and claiming under the will, did not renounce her rights to one-half of the common property. Estate of Frey, 131.

WITNESSES.

1. The third subdivision of Section 1880 of the Code of Civil Procedure provides that "parties to an action of proceeding * against an executor or an administrator, upon a claim or demand against the estate of the deceased," can not be witnesses. Held: an application for a family allowance is not within the statute, and the claimant is competent to testify. Estate of McCausland, deceased, 182.

See CRIMINAL LAW, 2, 4.

WORDS.

1. The usual and proper sense of words will not apply in contracts where it is apparent that another sense was intended: e. g. to rescind construed in sense of to cancel. Weill vs. Jones, 147.