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DOWER. If the owner of a tract of land sells part of it and then dies, his widow is to have her whole dower out of the remaining portion. — Morgan v. Cona, 3 Bush, 58. See AGREEMENT, 3; MORTGAGE, 2.
See Tax, 2.
EASEMENT. The establishment and running of a horse railroad in the public street imposes an additional burden on the land, and may be enjoined at the suit of an adjoining proprietor who owns to the middle of the street. - Craig v. Rochester City & B. R. R. Co., 39 N.Y. 404.
EMBEZZLEMENT. The embezzlement by an officer of a national bank of a special deposit in such bank, is not made punishable by any statute of the United States, and may therefore be punished under a State law. (McCURDY, J., dissenting.) Secus, of such embezzlement of the property of the bank. — State v. Tuller, 34 Conn. 280.
EMINENT DOMAIN. Upon the taking for a public highway, by the right of eminent domain, of the franchise to build and maintain a bridge, the proprietors are not entitled to compensation for the value of the bridge as a structure, but for the loss of their franchise only. - Central Bridge Co. v. Lowell, 15 Gray, 106. See CONSTITUTIONAL LAW, 3, 4.
ENTRY. See SEISN. EQUITY. - See AGREEMENT, 2, 3; CHARITY; CONDITION, 2; CONFLICT OF Laws, 1; LEGAL TENDER, 4, 5; MARRIED WOMAN.
ESTOPPEL. - See SALE, 3.
EVIDENCE. The statements of the general freight agent of a railroad company, made as to goods delivered to him for transportation pending the contract of carriage, were admitted in evidence against the company, although made eight months after be received said goods. — Burnside v. Grand Trunk R.R. Co., 47 N.H. 554. See BURDEN OF PROOF; ORDER, 1; STAMP, 2, 3.
EXECUTION. — See MANDAMUS.
EXEMPLARY DAMAGES. See CORPORATION, 2.
GENERAL AVERAGE. A vessel fell in with a ship in a sinking condition. To save the lives of the ship's passengers and crew, the master of the vessel consented to receive them; but as it was necessary to throw overboard part of his cargo to make room for them, he began to do so before any of them came on board, and continued it while they were coming on board until room enough was made. The owner of the vessel sued the insurers for a contribution to general average for the above jettison. Held, that he could not recover (CHAPMAN and FOSTER, JJ., dissenting). - Dabney v. New England Mutual Ins. Co., 14 All. 300.
GOLD. — See LEGAL TENDER.
GUARANTY. 1. “Mr. H., -Sir: you can let D. have what goods he calls for, and I will see that the same are settled for. Yours truly, H. S. B.," is a continuing guaranty. — Hotchkiss v. Barnes, 34 Conn. 27.
2. A delay of three years in giving notice that a guaranty in similar terms bas become operative, discharges the guarantor. - Whiting v. Stacy, 15 Gray, 270. See Parkman v. Brewster, ib. 271. See BILLS AND NOTES, 2.
HIGHWAY. - See Way.
HOMESTEAD, A lease of a homestead for a year is not of itself an abandonment of the homestead right. — Locke v. Rowell, 47 N.H. 46.
HUSBAND AND WIFE. 1. If a wife leaves her husband's house because of his violence and cruelty, and from reasonable apprehension of her safety, he is liable for her board, and also for the board of their child whom she takes with her, if, knowing where the child is, he makes no attempt to reclaim it; and he is not discharged from such liability by his wife's subsequent return to his house. — Reynolds v. Sweetser, 15 Gray, 78.
2. A married woman paid debts of her husband at his request out of money which came to her from relations, but which was not shown to be her separate property. He afterwards, in consideration thereof, gave a note and mortgage to a trustee for her benefit. After his death his administrator paid said note, with notice that the heirs disputed its validity. Held, that the note was invalid, and the administrator should not be allowed for paying it in his account. — Phillips v. Frye, 14 All. 36. See MARRIED WOMAN.
ICE. — See WATERCOURSE.
INCUMBRANCE. — See SALE, 4.
INDICTMENT. - See MURDER.