3. Bill will lie to compel mortgagor to deliver up mortgage intrusted 2. Bill will not lie to compel reconveyance by grantee in deed fraudu- 1. Party desiring relief on ground of mistake must offer to rescind. 566 509 4. Bill to quiet title by one not in possession dismissed. Blackwood vs. 509 · 571 ERROR. 1. If the points of plaintiff in error were answered by Court below 2. Where the evidence seemed equally balanced, the presumption is ESTATE ON CONDITION. 1. Land granted for certain use, to revert to grantor if used for other EVIDENCE. See CORPORATION, 1. GRANTOR, 2. HUSBAND AND WIFE, 6. 1. It is competent to show by parol, the grounds on which a verdict 446 634 502 603 2. Where a number of articles are sold together, opinions of witnesses 3. One who has voluntarily destroyed a written document cannot tes- nett, 4. Unanswered letter from party offering it. Fearing vs. Kimball, See MORTGAGE, 23-24. 1. It is fraud in law to permit goods levied on to remain in possession 2. Attachment of lands in hands of apparent owner, but real mort- gagee-unrecorded defeasance. Columbia Bank vs. Jacobs, 126 3. Misdescription of land levied upon. Steel vs. Steel, 4. Machines exempt from attachment in Massachusetts. EXECUTOR AND ADMINISTRATOR. 1. Sureties of administrator are liable on the bond, although he be 2. Cannot be compelled by the heir to complete the purchase of real . 3. What expenses before the discovery of a will administrator may be allowed for. Edwards vs. Ela, 4. Objections to the granting of letters testamentary to, under New 5. Issue of special letters of administration to a collector.-Remedy FACTOR. See AGENT. 1. Evidence of title to protect the pledgee-New York Factors' Act. FALSE IMPRISONMENT. 634 697 508 120 . 122 1. Person arrested on void execution cannot recover damages for re- FAMILY PICTURES. See HOUSEHOLD FURNITURE, 3. FOREIGN LAW. See HUSBAND AND WIFE, 11. FOREIGN MINISTERS. See INTERNATIONAL LAW, 7. FORGED SIGNATURE. 1. May be adopted-evidence of adoption. Greenfield Bank vs. Crafts, 379 1. The order of maintenance is part of the sentence, and cannot be 2. Evidence in action against putative father. Eddy vs. Gray, See COMMON CARRIER, 4. GOOD-WILL. 633 . 253 1. The defendant sold the good-will of his business to the plaintiff 1. Grant with condition to support the grantor and in case of failure GRANTOR AND GRANTEE. the deed to be void, the condition is in the nature of a penalty, and fail 2. Admissions of a grantor held to be evidence as part of res gesta GUARDIAN AND WARD. Id. 1. Guardian is liable for losses in consequence of disregard of his li- 2. The assent of the ward is immaterial. Id. 3. Commissions do not always cover every allowance that can be made 4. Where guardian's bond has been improperly marked “cancelled,” 5. The Court has no power to order a guardian's bond to be cancelled HABITUAL DRUNKARD. 1. Jurisdiction of New York Courts over. Davis vs. Spencer, HIGHWAY. See ROADS. HOUSEHOLD FURNITURE. 1. The term "household furniture," is understood to include everything 2. Where a testator by his will bequeathed to A. "all his library and 3. By the law of Ohio "family pictures" are exempt from execution, HUSBAND AND WIFE. See BILLS AND NOTES, 9. I. Alimony. 1. Cases where it is allowed discussed in Note to Le Barron vs. Le Il Divorce. 763 252 701 63% 396 59 489 220 2 The settled practice in the English Courts in divorce suits for impo- 3. Impotence being made by statute a cause for nullifying a marriage, 212 HUSBAND AND WIFE. 4. It seems, that an application of the above principles would authorize 5 Divorce for impotency-personal examination. Note to Le Barron 6. Fraudulent divorce in another State no bar-decree of Court grant- III. Dower. 7. Where wife refuses to release after agreement by the husband to 8. In lands in possession of husband under executory contract for IV. Separate Estate of Wife. 9. No particular form is necessary to make an estate for sole and 10. Where land is purchased by wife's means and improved by her 11. Rights of wife as creditor of husband under law of France where 212 219 180 180 443 506 Bonati vs. 250 57 12. Liability of wife's property in husband's use, for his debts- 14. When co-defendant's wife may be a witness in New York-parol V. Contracts and general Powers of Married Women. 15. Bond is void even though the consideration was one that would 16. Bond is absolutely void in Pennsylvania, and so is any judgment on it. 17. Cannot make agreement in writing for purchase of real estate on 18. Cannot in Michigan engage in general business so as to make the 696 . 250 19. Power of married woman to make a will. Ryder vs. Hulse, INDIANS. See CONFLICT of Laws, 3, 4. INFANT. See DECEDENTS' ESTATES, 4. 1. Proper care on the part of persons having charge of young infant. INJUNCTION. 1. An action on the case will not lie for improperly causing a writ of vs. Brown, 2. The case of Cox vs. Taylor's Administrators, 10 B. Monroe 17, not 3. Remedy of person damaged by improper issue of, discussed. Note 4. Want of jurisdiction in the Court over the subject-matter will not INSOLVENCY. 540 547 701 1. No bar to action by foreign corporation. Producers' Bank vs. INSURANCE. I. Action upon a Policy. 1. Plaintiff must aver an insurable interest in himself or one for whom . 2. How far negligence of plaintiff is a defence on a policy. Johnson . 3. Evidence preliminary proofs-waiver of-sufficiency of, a ques- 631 879 311 4. Where the policy allows insurer the option to rebuild but the muni- 572 II. Construction of Clauses in Policies. 5. Execution clause-what is a levy within the meaning of such clause. 6. Breach of condition against assignment of property insured. Western 7. Warranty-free from all liens." Bidwell vs. North Western Ins. Co. 59 8. Surrender of policy dissolves the relation of insured as a member 9. Note given to mutual insurance company is payable by law at its 10. Assessments upon premium note should not include former assess- 11. Transfer of policy without consent of insurers-liability upon pre- 12. Mutual insurance policy-default of cash payment of premium. INTEREST, COMPOUND. See VENDOR, 6. INTERNATIONAL LAW. I. War-Neutral and Belligerent Rights. 1. Neutrals have a right to challenge the existence of a blockade de 506 318 506 60 |