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NOTICE. Open, notorious, and exclusive possession of a tenant is notice of his landlord's claim of title, even to a purchaser living in another state. - Edwards v. Thompson, 71 N. C. 177.
NUISANCE. The owners of a steamboat licensed to run on a navigable river notified the owners of a railroad bridge crossing the river to make a draw in their bridge, as required by their charter. Some months after, the owners of the boat arriving with their boat at the bridge, and being unable to pass it, no draw having been made, tore down part of it, and passed. Held, a lawful abatement of a nuisance. - State v. Parrott, 71 N. C. 311. See INDICTMENT, 2; WATERCOURSE.
NUNCUPATIVE WILL. - See WILL, 1.
and impound bogs running at large. Held, that he might authorize any other person to do so. (WALKER, THORNTON, and MCALLISTER, JJ., dissenting.) – Friday v. Floyd, 63 Ill. 50.
See CONSTITUTIONAL Law, STATE, 3; LIMITATIONS, STATUTE OF, 3; MuNICIPAL CORPORATION, 1, 3, 4.
PARTIES. 1. Debt by A., as assignee in bankruptcy of B., on a bond given to B. by A. personally, as principal, and C. as surety. Held, that the action would not lie, as A. could not be both plaintiff and defendant, even though he was the one in his own right, and the other as assignee. - McElhanon v. McElhanon, 63 Ill. 457.
2. One person charged with a tax cannot maintain a bill on behalf of himself and all others subject to the same tax, to restrain its collection as illegal. (COLE, J., dissenting.) – Fleming v. Mershon, 36 Iowa, 413.
PARTNERSHIP. Two partners held as tenants in common land bought with money of the firm. One partner died, and the other bought his interest in the land, assuming the debts of the firm. Held, that the purchase-money was to be distributed as real estate. - Foster's Appeal, 74 Penn. St. 391. See ILLEGAL CONTRACT.
PASSENGER. - See CONTRIBUTORY NEGLIGENCE.
PENAL ACTION. Debt qui tam, on a statute imposing a penalty for obstructing a highway, to be sued for by any elector of the town, half to his own use, and half to the use of the town. Held, that the plaintiff was bound to prove that he was an elector of the town, although the defendant had not denied it by plea in abatement. — Waddle v. Duncan, 63 III. 223.
PLEADING. See Quiet ENJOYMENT.
PLEDGE. — See CORPORATION, 3.
POWER. Husband and wife appointed by power under seal an attorney to sell for them and in their names, land in Colorado, the title to which was vested in the husband. By the law there in force, a wife is dowable only of lands of which the husband dies seised. The attorney conveyed the lands by deed in the name of the husband alone. Held, a good execution of the power. — Holladay v. Daily, 19 Wall. 606. See Quiet ENJOYMENT.
PRACTICE. — See BANKRUPTCY; TRIAL.
PRINCIPAL AND AGENT. See AGENT.
PRIORITY. - See MORTGAGE.
QUIET ENJOYMENT. Action on the covenant for quiet enjoyment contained in a deed of convey
Breach, an eviction by the purchaser at a sale under a power in a mortgage. Held, that the declaration was bad op demurrer for not showing specifically that the terms of the power were pursued at the sale. — Clark v. Lineberger, 44 Ind. 223.
QUITCLAIM. See ESTOPPEL, 2.
RAILROAD. Where a railroad company allowed certain persons to run cars on its road, held, that it was liable for damages caused by their negligence. - Macon & Augusta R.R. Co. v. Mayes, 49 Ga. 355.
See CARRIER, 1; CONSTITUTIONAL LAW, 2; CONTRIBUTORY NEGLIGENCE; MASTER AND SERVANT; NUISANCE.
RECEIPT. — See SURETY, 4.
RECORD. A mortgage was recorded, and a reference to the record, with a description of the deed, was made in the index book. The record was afterwards destroyed by fire, but the index book was saved. Held, that subsequent purchasers of the land mortgaged were chargeable with notice of the mortgage; and that they would have been equally so if the index book had been burned. - Alvis v. More rison, 63 Ill. 181. See CONFLICT OF Laws; SEAL.
RELEASE. See CONTRACT, 2.
REMOVAL OF SUITS FROM STATE TO UNITED STATES COURTS. 1. Where, by the law of a state, a county may sue and be sued as a corporation, an action brought against a county by a non-resident of the state, is removeable into the United States Circuit Court. — Board of Commissioners of Floyd County v. Hurd, 49 Ga. 462.
2. A cause which has been tried on the merits in a state court, is not removeable into the Circuit Court of the United States after a new trial is granted and before it is had. — Crane v. Reeder, 28 Mich. 527.
3. Judgment was recovered in a state court, and an appeal taken to a higher court. Held, that the cause could not be removed into the United States Circuit Court, pending the appeal. Stevenson v. Williams, 19 Wall. 572.
4. By statute of Ohio, a party to an action which has been once tried may have a second trial, as of right, on certain terms, even after judgment on the first verdict. In a case where a new trial had been obtained under this statute, held, that the former trial was not a “ final hearing or trial,” within the meaning of the Act of Congress of 1867, concerning removal of suits, and therefore that the cause was still removeable into the United States Circuit Court. — Home Life Insurance Co. v. Dunn, 19 Wall. 211.
RES ADJUDICATA. See JUDGMENT, 4, 5.
REVOCATION. - See Gift.
SALE. Upon the sale of a live cow by a farmer to butchers, there is no implied warranty that she is fit for food, though he knows that they buy her to cut up into beef for immediate domestic use. - - Howard v.
Emerson, 110 Mass. 320. See CORPORATION, 2; FRAUDS, STATUTE OF, 2, 3; QUIET ENJOYMENT; STAMP, 2; TROVER.
SEAL. The record of an instrument in the registry of deeds, where instruments under seal only were entitled to be recorded, set forth the instrument as being in the usual form of a warranty deed, purporting by its conclusion, attestation clause, and certificate of acknowledgment, to have been sealed by the grantor; but there was no mark or device in the record to indicate the presence of a seal in the original. Held, that the original must be presumed to have been duly sealed. Starkweather v. Martin, 28 Mich. 471.
SEA-SHORE. Any person has a right to take sea-weed cast on the shore between high and low water mark. — Mather v. Chapman, 40 Conn. 382.
SEDUCTION. Indictment under a statute, for seduction of the prosecutrix under promise of marriage. Plea, that at the time when the offence was alleged to have been committed, the defendant was lawfully married, whereof the prosecutrix had notice. Held, good. (WARNER, C. J., dissenting.) — Wood v. The State, 48 Ga. 192.
SEPARATE ESTATE. See CONFLICT OF Laws.
SERVICE. -See JUDGMENT, 2.
SEWER. - See WATERCOURSE.
STAMP. 1. A contract not stamped as required by the laws of the United States, held, admissible in evidence in a state court. — Forcheimer v. Holly, 14 Fla. 249.
2. Land was sold for non-payment of taxes. The tax certificate bore a fivecent revenue stamp, and this sum was included in the amount for which the land was sold. Held, that Congress had no power to impose a stamp duty on certificates issued at sale made under authority of a state; and therefore that such duty was not chargeable to the land-owner, and that the sale was void. – Barden v. Columbia County, 33 Wis. 445.
STATUTE OF FRAUDS. See FRAUDS, STATUTE OF.
STOCK. See CORPORATION, 2, 3.
SUNDAY. - See LORD'S DAY.
SURETY. 1. The maker of a promissory note requested a man to become surety for him, representing that the note was for a less sum than it really was. The surety consented, and authorized the maker to sign his name to the note, without asking to hear it read. Held, that he was liable to the payee of the note, who had no notice of the fraud. -- Craig v. Hobbs, 44 Ind. 363.
2. An insurance company appointed an agent, to be paid by commissions, with a guaranty that they should amount to a specified sum monthly, the agency to be terminated by either party at three months' notice. He gave bond conditioned to conform to all instructions and to remit all sums received. The sureties on the bond knew of the terms of the appointment. Afterwards the company and the agent agreed, without the knowledge of the sureties, that he should receive increased commissions and give up all claim on the guaranty. Some time after he resigned the agency in writing, and the company accepted it, also in writing, but he continued to act for them. Held, that both he and the sureties were liable on the bond for all defaults committed before the resignation took effect, but that neither were liable for defaults committed afterwards. - Amicable Mutual Life Ins. Co. v. Sedgwick, 110 Mass. 163.
3. Defendants became sureties on a bond, upon condition that the obligee should not sue them until he had exhausted all legal means against the principal. In an action against them, held, that proof of the insolvency of the principal was sufficient, without proof that he had been unsuccessfully sued. – Heralson v. Mason, 53 Mo. 211.
4. Plaintiff lent to defendant and another $250 each, and took their joint note for $500. Defendant paid half the note, and took a receipt “ in full of his share
of the note.” Held, that he was still liable as surety for the other half. - Sterling v. Stewart, 74 Penn. St. 445.
Tax. 1. The grantor of a deed with covenant of warranty, dated April 30, was in possession of the land conveyed till one o'clock in the afternoon of May 1, when he executed and delivered the deed, and the grantee immediately took possession. The tax on the land for the year beginning May 1 was assessed to the grantor, who did not pay it, and the land was sold for such non-payment. Held, that the covenant was broken. – Hill v. Bacon, 110 Mass. 387.
2. A statute authorizing an action at law, and a personal judgment against land-owners to recover assessments laid by municipal authorities on the land to pay for street improvements, held, unconstitutional. — St. Louis v. Allen, 53 Mo. 44.
3. A township was granted to a college, by charter providing that the land in the township should be exempt from“ public taxes." Held, that it was not exempt from taxation for municipal purposes. — Morgan v. Cree, 46 Vt. 773.
See CONSTITUTIONAL LAW, 2; JUDGMENT, 3, 6; PARTIES, 2; STAMP, 2.
TENANT FOR LIFE. Land was held in trust for A. for life, remainder to B. The trustee, by deed in which A. joined, conveyed the land to a stranger in fee. Held, that this worked no forfeiture of A.'s estate, and therefore that no right of action accrued to B. till after A.'s death. Bazemore v. Davis, 48 Ga. 339.
TENDER. See CONFEDERATE MONEY, 1.
TRESPASS. Plaintiffs subscribed money to erect a monument. After it was erected, defendants carried it off, and set it up in another place. Held, that plaintiffs might maintain a bill in equity to have a return of the monument, and an injunction against further disturbance of it. McCollom v. Morrison, 14 Fla. 414.
See AssaulT; COUNTERCLAIM; DAMAGES, 4; WAY, 2.
TRIAL. A new trial was moved for on the ground that “the court erred in smoking, and permitting attorneys to smoke, in open court during the trial," and that “the court erred in sleeping, or sitting with his eyes closed, in open court at the trial.” Held, that the motion could not be sustained without proof that the moving party was prejudiced by the acts complained of. Musselman v. Musselman, 44 Ind. 106.
See CONSTITUTIONAL LAW, STATE, 2; EVIDENCE, 4; JURY.
TROVER. Pending an action of trover for a chattel, the plaintiff sold it to a person who had bought it of the defendant. Held, that the action was, thereby defeated. Pierce v. Evans, 36 Iowa, 495. See LORD's Day,