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SUBROGATION. A junior judgment-creditor, to prevent a sale of the debtor's land at a sacrifice, after the senior judgment-creditors had refused to assign their judgments to him on payment, paid the executions on said judgments to the sheriff, and they were entered "satisfied.” No other liens having intervened, he was subrogated to the rights of said creditors, and the entry of satisfaction was cancelled. Mosier's Appeal, 56 Penn. St. 76. See Matteson v. Thomas, 41 Ill. 110.


Tax. The Act of Congress of June 7, 1862, § 4 (12 St. at Large, 422), providing that upon failure to pay the taxes on certain lands they “shall thereupon become forfeited to the United States,” does not ipso facto vest the title in the United States unless they become purchasers of said lands at a tax sale. It seems, that if it were otherwise the provision would be unconstitutional. — Rives, J., dissenting. Martin v. Snowden, 18 Grat. 100.

For other points on this act, see Turner v. Smith, ib. 830; Corbett v. Nutt, ib. 524. See DOMICILE; NATIONAL Bank, 2.

TENANT IN COMMON. A tenant in common may maintain a bill in equity against his co-tenant, who has exclusively occupied a salt well and works and a coal mine, the common property, for an account of rents and profits. The defendant in such a case is liable for “receiving more than comes to his just share or proportion,” under St. 4 Anne, ch. 16, sec. 27.- Earley v. Friend, 16 Grat. 21.

TENDER. 1. Semble, a tender of warehouse receipts for grain issued by responsible parties is a sufficient tender of the grain in Chicago, unless objected to by the other party at the time. — McPherson v. Gale, 40 III. 368.

2. After a sale at buyer's option within a certain time, notice by the buyer before the time has expired that he will not accept the goods within or at the end of such time, waives a tender by the seller. — McPherson v. Walker, 40 Ill. 371. See White v. Dobson, 17 Grat. 262; Millingar v. Daly, 56 Penn. St. 245.



Trust FUND. Contributors to a fund raised and placed in the hands of trustees for a specific purpose, have a right in equity to have any surplus not needed for such purpose repaid to them in proportion to their contribution, in spite of a vote in which they did not join or acquiesce by their presence and silence when it was passed. - Abels v. McKeen, 3 C. E. Green, 462.




USURY. 1. An oral contract was made for the sale of lands at $80 an acre, on ten years' credit, with interest at ten per cent, payable annually, the legal rate of interest being six per cent. Afterwards, by a written contract the purchaser agreed to pay a gross sum in ten annual instalments, the first nine being equal each to ten per cent on the value of the land at $80 an acre, and the last equal to said value and ten per cent. It was provided that payment at any time within the ten years of a sum equal to said value should satisfy the whole debt, and that for partial payments above said annual instalments, there should be deducted from future instalments a sum equal to ten per cent on such partial payments. In the written contract, the price per acre was not named, nor was interest to be paid eo nomine. Held, that the contract was not usurious. — Newkirk v. Burson, 28 Ind. 435. See Harbison v. Houghton, 41 Ill. 522.

2. An agent sold notes of 'B. & Co. with blanks in place of the name of a payee, for their benefit, and at a discount greater than the legal rate of interest. The purchasers' names were inserted in the blanks as payees, they not knowing that the notes were sold for the benefit of B. & Co. Held, that the sale was not usurious. Rives, J., dissenting. - Brummel v. Enders, 18 Grat. 873.

VENDOR AND PURCHASER. B. made a parol gift of land to his daughter R., who took and kept possession of the same twelve years. She then sold the land to M., receiving his notes for the purchase money, and B. at her request conveyed the land to M. Held, that, as against the purchaser, R. had a vendor's lien. Russell v. Watt, 41 Miss. 602.


WAR. 1. B., acting under the orders of the rebel General Morgan, took part in burning cars of the L. & N. R. R. Co. at Cave City, Ky., May 10, 1862. Held, that he was not liable to said company for so doing. WILLIAMS, J., dissenting. - Bell v. Louisville & N. R. R. Co., 1 Bush, 404. See Price v. Poynter, ib. 387.

2. General Palmer, while commanding the Department of Kentucky, and while martial law prevailed, issued an order, by authority of the Secretary of War, compelling railroad companies, &c., to carry slaves out of Louisville to the point to which they might wish to go, by means of which slaves escaped from the State. Held, that he was liable to indictment under a State law for aiding slaves to escape. Commonwealth v. Palmer, 2 Bush, 570.

3. The forcible taking of money from a Kentucky bank in December, 1864, by a Confederate quarter-master by order of his commanding officer, was an illegal act for which he is personally liable.

The plaintiff's right of action could not be constitutionally divested by an amnesty act. Terrill v. Rankin, 2 Bush, 453. See Jones v. Commonwealth, 1 Bush. 34; Farmer v. Lewis, ib. 66.


4. A Cincinnati insurance company issued to an inhabitant of Mississippi (?) a policy which expired Aug. 15, 1861. Payment of a premium note was demanded at New Orleans May 16, 1861, being then due, but was refused. Held, that the war was no defence. It was not declared until Aug. 16, 1861. Leathers v. Commercial Insurance Co., 2 Bush, 296.

5. A mortgage executed Dec. 1, 1862, by a citizen of Memphis, Tenn., to a citizen of Louisville, Ky., to secure a note between the same parties, made May 26, 1862, was void. — Hyatt v. James, 2 Bush, 463. See CAPTURE; INSURANCE, 2.

WAREHOUSEMAN. A., a pork-packer, sold pork to C. and gave him warehouse receipts for pork deliverable to order of A. and by A. indorsed in blank. Wishing to have the pork repacked, C. returned said receipts to A. for that purpose. A. thereupon transferred the same to B., who took them bona fide. C. did not inform the warehouseman of his purchase, but B. made no inquiries. Held, that C. had the better title. Such receipts are not negotiable instruments; the transfer of them only operates a constructive delivery of the goods. (Such receipts have been since made negotiable by statute.) — Burton v. Curyea, 40 II. 320.

See TENDER, 1.

WARRANTY. The use of a right of way by the party entitled to it is an eviction of the · owner of the servient estate within a covenant of warranty against “all lawful claims” for which the latter may sue as assignee of the covenantee. - Russ v. Steele, 40 Vt. 310.



WHARF. A right given by the legislature to a riparian owner to build a wharf in front of his land to the line of navigable water, does not by implication carry with it a right as against adjoining proprietors to have the water space on the sides of such wharf kept open so that vessels can be moved along said sides. — Keyport Steamboat Co. v. Farmers' Transportation Co., 3 C. E. Green, 511.

WILL. 1. Under the laws of Vermont, an infant cannot make a valid soldier's will. - Goodell v. Pike, 40 Vt. 318.

2. A statute required a will to be “witnessed” by two witnesses. Held, that the witnesses must subscribe the will. — Matter of Boyeus, 23 Iowa, 354.

3. Marriage and cohabitation with the wife of another, do not raise a presumption of law of undue influence, which renders void a will of said wife disinheriting her true husband and in favor of the party so cohabiting with her. – Monroe v. Barclay, 17 Ohio St. 302.

4. A Roman Catholic testator left a fund in trust to establish an institution to be called “St. James Roman Catholic Orphan Asylum.” Said institution until

incorporated was to be managed by his trustees or the survivor of them, and one of them was a Protestant. Held, that the name did not by itself show an intent to make the asylum denominational, or to subject it to the control of the Catholic Church. — Attorney General v. Moore, 3 C. E. Green, 256.

5. Under a bequest by a testator of his property "to be equally divided, share and share alike, between my children and their legal heirs, that is to say, to J. S., D. B. S., W. S., A. S., and C. H., each a share, and the children and heirs of A. L. S., and of M. H., and of C. M. F., each a share," the legatees would, it seems, take per capita if it stood alone, but in connection with the words in another bequest to a daughter, “ This is my view, making her equal with my other children,” they take per stirpes. Fisher v. Skillman, 3 C. E. Green, 229. See Hoxton v. Griffith, 18 Grat. 574.

WITNESS. The court having failed on request to prevent the prosecuting officer from arguing that a prisoner's omission to testify was evidence against him, a new trial was ordered. — State v. Cameron, 40 Vt. 555. See CONSTITUTIONAL LAW, 5; WILL, 2.

Dollars." — See CONFEDERATE MONEY, 3, 4, 5.

Land.” — See BETTERMENT, 2.
Obstructions." — See RAILROAD, 5.

Resident.” — See DOMICILE.
Ten days after rendering judgment.” — See JUDICIARY ACT.
The proper tools or implements of a farmer.” — See EXEMPTION.

Witnessed.” — See WILL, 2.



This Digest contains all the cases decided under the United States Bankrupt Act of March 2, 1867, which have been published up to Jan. 1, 1869.

The chief sources from which the cases have been drawn are the sixth volume of the Internal Revenue Record and the first and second volumes of the Bankrupt Register.

For the benefit, however, of those to whom these periodicals may not be accessible, but who may have others in their possession, we have collated the different legal publications with the Internal Revenue Record and the Bankrupt Register, and have noted in the Digest all the places where any case may be found. We have thus also been able to insert some few cases which are neither in the Record nor the Register.

Those cases decided in the State courts on the effect of the United States Bankrupt Act have also been added.

The periodicals employed, and the abbreviations used to distinguish them, are as follows:

Weeklies. Internal Revenue Record (New York).

I. R. R. Bankrupt Register (New York).

B. R. Legal Intelligencer (Philadelphia)

Leg. Int. Pittsburgh Legal Journal

Pitts. L. J. Law Transcript (Baltimore)

Balt. Trans.

Monthlies. American Law Register (Philadelphia)

Am. Law Reg. American Law Times Bankruptcy Reports (Washington). L. T. B.

Bimonthly. Western Jurist.

West. Jur.

Quarterly. American Law Review .

Am. Law Rev.

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We have not been able to procure the numbers of the American Law Times for August and September, 1868, nor also a few numbers of the Pittsburgh Legal Journal, but we do not believe that there are any cases in them which have not been published also in other periodicals, and which are therefore not in this Digest. The Western Jurist, for December, arrived too late for us to make use of it.

The cases will be found classified with reference to the different sections of the law under the title “ Bankrupt Act.”

The General Orders issued by the Supreme Court are indicated by G. O.

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