Augustus John Cuthbert Hare.

The Central law journal, Volume 28 online

. (page 48 of 151)
Online LibraryAugustus John Cuthbert HareThe Central law journal, Volume 28 → online text (page 48 of 151)
Font size
QR-code for this ebook


AtHneonv. Dixon, B,0. Mo., Dec. 20,1888; 10 8. W. Rep.
162.

166. LiBNS ON Crofs— Sale. Where, upon Abona

Jide sale of seed -wheat, the amount of wheat specified
in the seed- grain note or contract given therefor was
contained in a particular bin 'containing a larger quan-
tity, all of the same quality and value, out of which it
was agreed the purchaser was then and there entitled
to take away the number of bushels purchased: Beld,
sufficient evidence of a sale and delivery of the wheat
at the date of the note, as between the maker and
payee. — Nash v, Brewster, S. C. Minn., Deo. 21, 1888; 41 N.
W. Rep. 105.

167. LIFB INSURANCB— Condition in Policy. Beld,

that condition in policy of life insurance against insured
being in liquor business, applied only to connection
with liquor business after date and delivery of policy.—
McQurk V. Met. lAje Ins, Co., 8. C. Conn., Dec. 18, 1888; 16
Atl. Rep. 268.

168. Limitation of action— Breach of Warranty.

Grantee's right of action for amount paid to redeem
land under warranty and statute begins to run from
time of payment. — Bebron v, Terger, 8. a Miss., Nov. 12,
1888; 5 South. Rep. 110.

169. LucrrATiON OF Actions — Adverse Possesion —
Color of Title— Forged Deed. Where defendant pur-
chased land in good faith, taking a bond for title from
one signing It as the owner's agent, who had no author-
ity in fact, it is color of title, and seven years' possession
thereunder. In good faith, confers a good prescriptive
title.— IfOiefi V, SUnes, 8. C. Ga., Dec. 12, 1886; 8 8. E. Rep.
816.

170. Limitation of actions- Adverse Possession.

Though a deed, for want of words of Inheritance, con-
veys but a life-estate, yet, as against a stranger, title in
the grantee will be presumed from his occupancy for
more than 20 years. — MeAlpine v, Daniel, 8. C. N. Car.,
Dec. 17, 1888 ; 8 8. E. Rep. 215.

171. Limitation of actions— Disability. Question



Digitized by



Google



176



THE CENTRAL LAW JOURNAL.



No. 7



when right of aotton aoomed in tbls case and therefore
whether recovery, barred by Gen. 8t. Ky. ch. 71, art. 1, §
4, limitliig even to persons under disability thn right to
sue within statutory period.— Bradley v. Burgets, Ky. Ot.
App , Deo. 8, 1888 ; 10 8. W. Rep. 5.

172. Logs and Logging— Lien. Interpretation of

Laws Wis. 1867, ch. 100, 1881, ch. 88, 1885, ch. 468, § 1, pro-
viding lien for loggers.- PoMen r. N, W, Lumber Co., 8. O.
Wis., Dec. 22, 1888; 41 N. W. Rep. 82.

178. Mandamus— Judgment. Application for man-

damus agnlnst board of directors to prepare for pay-
ment of Judgment against the dietruts was dismissed
without prejudice, the Judgment being found dormant,
in order that proceedings might be taken to revive
judgment.— 5tor0 9. School District S.C. Neb., Dec. 14,1888;
41 N. W. Rep. 165.

174. Master and 8brvant — Contract of Hiring — Ac-
ceptance- Compromise. An agreement by one to

accept employment is not necessary to the validity of a
promise by another to employ him, made as a part of
the compromise of an action. — East Line (f R» R, R. Co,
V, ScoU, 8. C. Tex., Nov. 20, 1888; 10 8. W. Rep. 99.

175. Master and 8ervant— Negligence. Question

of contributory negligence on part of servant where
the defect which caused the Injury wasapparent.— Fo^es

-«. McCuUogh, Iron Co, Md. Ct. App., Nov. 22, 1888; 16 Atl.
Rep. 280.

176. Master and 8brvant— Negligence— Defective Ap-
pliance. Testimony reviewed with reference to

negligence of defendant in providing defective hand
oar, upon which plalntill was injured.— ^n<fer«on v, M, cf
If, W, Co., 8. 0. Minn., Dec. 21, 188b; 41 N. W. Rep. 104.

177. Master and 8ervant— Negligence. Railroad

company not liable for ioiury to servant caused by his
negligence. — Way v. C. <f N. W, R, Co., 8. C. Iowa, Dec.
22. 1888; 41 N. W. Rep. 51.

178. Master and 8ervant— Negligence. 8ervant

held guilty of negllgeiice in uncoupling cars against
rule of the company while in motion. — Sedgvoick v, IlL
Cent. R. Co,, 8. C. Iowa, Dec. 21, 1888; 41 N. W. Rep. 85.

179. Master and 8ervant— Negligence— Injury.

Question as to negligence of conductor of railroad train
in prematurely ordering train to start and injuring fel-
low-servant. — Central R, R, v. Smithy 8. C. Ga., Dec. 6,
1888;8 8. £. Rep. an.

180. Master and 8brvant— Negligence. Question

of negligence on part of railroad company for death of
engineer through defects in the track, of which it had
notice.- Worden v. Humerton <f 8, R. Co,, 8. C. Iowa, Dec.
21,ipj;41N. W. Rep. 26.

181. Master and Servant— Negligence. Question

of negligence on part of plaintiff in crossing track at
night and on part of defendant in the breaking of
coupling link between cars.- Oriffin v. B. (f A. R, Co,, 8.
J. C. Mass., Jan. 1, 1889; 19 N. E. Rep. 166.

182. Master and Servant — Discharge — Evidence —
Damages. Testimony admissible on part of defend-
ant in action to recover damages for wrongful dis-
charge from service. — Child v, Detroit, etc, Co., 8. O.
Mich., Nov. 28, 1888; 40 N. W. Rep. 916.

183. Mechanic's Liens- Material Men — Husband and

Wife— Wife's Separate Estate Under act Wis. 1886,

amending Rev. St. Wis. § 8814, one furnishing materials
to a husband, who is erecting a house on the lands of
his wife, with her knowledge and consent, has a Hen on
the land, though she did not agree or consent to pay
for the material.- iTeo^A v. SoUes, S. C. Wis., Dec. 22, 1888;
40 N. W. Rep. 804.

184. Mines and Mining— Lease. Under agreement

with owner of mines defendant was limited to work
the range to a certain point: J7eZd, under the evidence
that there was not a new discovery of ore so as to re-
lieve defendant from the original limitation. — Raiebeck
V, Anthony, 8. O. Wis., Dec. 22, 1888; 41 N. N. W. Rep. 72.

186. Mortgage— Deed— Parol Evidence. Held, un-
der the facts that the deed was a mortgage and its
character could not be varied by parol evidence.— i7ar<
«• Eppsteitt, 8. C. Tex., Nov. 18, 1888; 10 3. W. Rep. 85.



186. MORTGAGE— Deed Absolute. A bill to declare

deed absolute in form a mortgage, held upon the facts
that complainant's right of redemption was extin-
guished by a settlement, the deed thereby becoming
absolute. — McMiUiam v, Jetoett, 8. 0. Ala., Dec. 8, 1888; 6
South. Rep. 145.

187. Mortgage— Payment— Evidence. Evidenbe

sufficient as between a subsequent mortgagee and de-
fendant's wife, who has since bought the equity of
redemption to show payment of the mortgage.— 5A<pfo|^
V, Fox, Md. Ot. App., Dec. 14, 1888; 16 Atl. Rep. 275.

188. Mortgages— Sale— Power. Circumstances

which justify court in setting aside sale of property
under power in mortgage. — Chilton v. Brooks, tld, Ct,
App., Dec. 14, 1888; 16 Atl. Rep. 267.

189. Mortgage — Construction. Under Code, §§

8829, 3380, a transaction in which a mortgagee takes a
conveyance of the legal title and executes bond to re-
convey on payment of debt is a mortgage. — McElhaney
V. Shoemaker, 8. C. Iowa, Dec. 22, 1888) 41 N. W. Rep. 58.

190. Mortgages- Foreclosure— Election of Remedies.

A mortgagee who has taken an assignment of the

bid of the purcha&er at a sale under a power in the
mortgage, and who sues the mortgagor to recover his
debt, possession of the land, and for the sale of the land
under a decree of foreclosure, by his complaint places
at the option of the mortgagor the confirmation or re-
jection of the sale under the power.— Martin v, McNeely,
8. O. N. Oar., Dec. 17, 1888; 8 8. E. Rep. 231.

191. MORTGAGES-Foredosure— Pleading. Unless

It appears, in a complaint for foreclosure, that a de-
fendant, claiming an interest in the mortgaged prem-
ises, occupies the relation of subsequent purchaser, an
averment that the mortgage was duly recorded is not
essential.- Jfofinv. StaU, S. 0. Ind., Dec. 20, 1888; 19 N. E.
Rep. 181.

192. Mortgages- Foreclosure. The purchaser at

a sale under a second deed of tiust, who took posses-
sion, was not liable to a trustee for the rents accruing
while he was in i>ossessloB, and before the trustee at-
tempted to take possession on default.— In re Life Asso-
ciation 0/ America, 8. 0. Mo., Dec. 90, 1888; 10 8. W. Rep.
68.

193. Mortgages- Foreclosure— Distribution of Assets.

Where a mortgage is given to secure several

notes, without any stipulation as to priority, and the
notes are assigned to different persons, the assignees
are all entitled to share pro rata in the proceeds of fore-
oloBUTQ,—Penzel v, Brookmire, 8. 0. Ark., Dec. 1, 1888 ; 10 8.
W. Rep. 15.

194. Municipal Corporations — Boundaries — Con-
struction of Statute. Acts Oal. 1876 76, p. 806, defining

boundaries of San Diego, include the peninsula within
the city limits. — CUy of San Diego v, Ortmniss, 8. C. Oal.,
Dec. 12, 18S8; 19 Pac. Rep. 875.

195. Municipal Corporation- Negligence — Instruc-
tion. Instruction in suit against city for damage by

overfiow, caused by negligent construction of embank-
ment in raloing the grade of street, that proof that no
grade was established and that filling the street caused
the water to fiow in, was sufficient proof of negligence:
Held, error. — Kemey v, Thoemanson, 8. 0. Neb., Deo. 16,
18b8;4lN. W. 116.

196. Municipal Corporations — Obstruction — Side-
walk. Where snow has fallen causing some obstruc-
tion on the sidewalks of a city, it is the duty of the city
authorities within a re isonable time thereafter to
remove such obstruction. The falling of snow is suf-
ficient notice. — Foxworthy v. City of Hasting, S. C. Neb.,
Dec. 13, 1888; 41 N. W. Rep. 132.

197. Municipal Corporations — Bonds. Under §

62, art. 2, ch. 14, Comp. St. 1887, the city of K has the
right to issue bonds in order to erect necessary build-
ings for the city. — State v, Babcook, S. 0. Neb., Dec. 14,
41 N. W. Rep. 166.

198. Municipal Corporations— Defective Sewer.

Sufficiency of evidence to show that commissioner of
streets waived compliance with formality of written



Digitized by



Google



Vol. 28



THE CENTRAIi LAW JOURNAli.



177



permit, under city ordinance requiring same, to enable
party to drain into a common sewer. — Sheridttnv, OUw
-of Salem, 8. J. C. Mass., Jan. 2, 1889; 19 N. E. Bep. 172.

199. Natioablb WATBR8— Obstruction by Bridges.-^^
The grant of a license to railroad company to buUd
bridges over certain riyers, theretofore leased with
-certain locks and dams, for navigation, provided said
bridges do not obstruct navigation, does not impair the
right of the lessee of the river. — Oreen, etc, Co, v. Ckes-
<ipeake^ etc, Co., Ky. Ct. App., Dec. 11, 1888; 10 S. W. Bep. 6.

SOO. Nbgligbnok— Sidewalks— Evidence. In an

action against a city for injuries received from a defect-
ive sidewalk, testimony of the condition of the walk
after the accident is inadmissible, in the absence of
evidence that its condition was the same at the time of
the accident.— J7oy< v. OUif ofDu Moine$, &, O, Iowa, Dec.
22, 1888; 41 N. W. Bep. 68.

201. Nbchjobnob— Injury— Violation of Ordinance.

Contributory negligence of plaintlfl must be pleaded
and proved by defendant. Violation of ordinance reg-
ulating speed of trains is per se negiigeuoe. —SchUreth v.
Mo, Pae,Ry, Co,, 8. 0. Mo., Dec. 20, 1888; 10 8. W. Rep. 66.

202. NBOOTUlBLB IN8TBUMBNT— Gift.-^ In ouumptU,

Cor amount of note, given to plaintiff by her father and
by her left with defendant her (now) divorced husband :
Jleid, that plaintiff's right to recover was not affected
by the fact that the note had never been indorsed over
to him.— LetUv. LetU, 8. O. Mich., Nov. 28, 1888; 41 N. W.
Bep. 99.

. 208. Nbootiabub IHSTRUMBHTS— Notice— Pleading.

Where the indorser receives his mail at the place where
the note indorsed is payable, a notice of non-payment
duly placed in the post-ofBce, and actually received by
him on the day following the last day of grace, is suf-
ficient to charge him as indorser.— J7en<ler«^if v. Ntbraeka
Nat. £ank, 8. 0. Neb., Deo. 18, 1888; 41 N. W. Bep. 188.

204. Olbomaboarinb- Exposure for Sale— Open Pack-
ages. — 1 — ^Exposing oleomargarine for sale as required
by St. Mass. 1886, ch. 817, § 1, but with the top removed
so as to expose to view the contents, which are to be
sold at retail In small quantities, is not a violation of
the law. — Commonwealth v. Bean, 8. J. O. Mass., Jan. 1,
1889; 19 N.E. Bep. 163.

206. Obdbb — Appeal. An order striking a cause

from the calender because prematurely noticed for
trial is not appealable. — ffomicon Shooting Club v, Qors-
Hne, 8. O. Wis., Dec. 22, 1888; 41 N. W. Bep. 78.

206. Pabtibs— Intervention. ^A mere general ored-

itorofa debtor, having no claim or interest in the
goods, cannot intervene in an action between lienhold-
ers or owners of goods. — Welbom v, Etkey, 8. G. Nob.,
Dec. 13, 1888; 40 N. W. Bep. 969.

207. Pabtition— Of Homestead— Use by Minors— Con-
stitutional Law. Const. Tex. art. 16, § 52, prohibiting

th6 partition of land used as a homestead, does not
prevent the homestead from entering into the partition
of the estate, providing the riffht of the minor children
to use it during such permission is not infringed by
such partition. — Budgins v, Saneom, S. O. Tex., Dec. 7,
1888 ; 10 8. W. Bep. 104.

208. PARTmoN—Equity— Pleading — Multifariousness.

A bill is multifarious which asks for the partition

of two tracts of land, of one of which plaintiff's ancestor
died seized as tenant in common with his brother, while
of the other he died seized as tenant in common with
his brother and a third person.— iZMite/iw v. Xyem.Md. Ct.
App., Dec. 14, 1888; 16 Atl. Bep. 233.

209. Pabtition— Judicial Proceedings. In partition-
ing several parcels of land, the law does not require
that a portion of each parcel should be set off in sever-
alty to each tenant in common, bat only that the
partition shall be so made that each of tbe tenants
shall become owners in severalty in exact proportion In
value to his undivided interest. — Stannard v, Sperry, 8.
0. Err. Conn., Jan. 8, 1889; 16 Atl. Bep. 261.

210. PABTrriOB— Parol — Execution of Deeds. A

parol partition of land, acquiesced in for a long time by
the parties, cannot be disturbed, but suit may be main-



tained to ascertain the precise terms on which it was
made, and to have deeds of partition executed.— i^Vedsr-
ick V, Frederick, W. Va. Ct. App., Nov. 24, 1888 ; 8 8. B. Bep.
296.

211. Partitiok— Place of Suit. An action by guard-
ians for sale of land, for division of the proceeds and
reinvestment, is properly brought in the county in
whicti the father, from whom the land descended, died,
and in which only a portion of it is situated.— PAoton v.
Louisviae,eU, Co., Ky. Ct. App., Dec. 18,1888; 10 8. W
Bep. 10.

212. Pabtnbbship— Pleading— Names of Partners.

Bill brought by partnership in firm name must allege
their individual names. — Lewie v. CUne, 8. C. Miss., Nov.
19 1888; 5 South. Bep. 112.

218. Pabtmbbship- Contracts. Where a promis-
sory note was executed in the firm name by one of the
partners, and a chattel mortgage to secure said note
was also executed in the firm name by the same part-
ner, the presumption is that the instruments were exe-
cuted on behalf of the Urm.^Schwank v, Datrte, 8. C.
Neb., Dec. 18, 1888; 41 N. W. Bep. 148.

214. Pabtmbbship— Parties. Action can be main-
tained by A and B as partners for deceit in quantity of
land sold, though the purchase was in the name of one,
but the funds furnished by the partnership.- P«aJkf v.
Graves, 8. C. Neb., Dec. 14, 1888; 41 N. W. Bep. 151.

216. Pabtnbbship- Appearance— Injunction — Plead-
ing. In an action by a partner to enjoin a Judgment

rendered agahist the firm of which he was a member,
upon the ground that he was not served with process,
it appeared that he was absent from the State, and
service was made upon the managing member of the
firm : Heldy that the service was sufficient to sustain a
Judgment against the firm so far as to subject firm
property.— IFSn^ert v. Means, 8. C. Neb., Deo. 14, 1888; 41
N. W. Bep. 167.

216. PAYMBin?— Asslgnment^Check. In an action

for goods sold, and question of payment arose: Beid,
that the transaction constituted a payment, and not an
assignment.- Tlkidy v, Barris, S. C. N. Car., Dec. 17, 1888;
8 8. E. Bep. 227.

217. Paymbnt— Application.— Question of applica-
tion of payment where purchaser bought one lot and
assumed payment on another— ^Mr, etc. Co, v, BilUs, 8.
C. Iowa, Dec. 20, 1888; 41 N. W. Bep. 6.

218. Plbadino— Variance— Amendment. A bill to

enjoin sale of land: Beld, under Code Miss. § 1881, that
amendment making bill conform to proof should be
permitted.— Je^He« v, Jeffries, 8. C. Miss., Nov. 26, 1888; 5
South. Bep. 112.

219. Pleading— Vender and Vendee — Title. On

contract to sell real estate, where parties agreed to
trade on strength of abstract showing good title, if ab-
stract fails to show this, money can be recovered, even
if defendant offered to perfect title.— Horn v. Butter, 8.
C. Minn.. Dec. 18, 1888; 40 N. W. Bep. 838.

220. Plbadino— Substitution- Continuance. In an

action after the issues had been made up, it was discov-
ered that the files were mislaid. The court thereupon
permitted the filing of a substituted petition instanter,
and required the defendant to go to trial at once: Beld,
that a reasonable time should have been given the de-
fendant to answer and prepare for trial.— Fremont, etc,
Co. V. Marley, 8. C. Neb., Dec. 13, 1888; 40 N. W. Bep. 948.

221. Practicb in Civil Casbs — Dismissal — Entry of

Judgment. ^Under Code Civil Proc. $581,8ubd.6,it

is not error to refuse to dismiss an action where six
months have not elapsed since tl^ act went into effect,
though more than six monthB have elapsed since ver-
dict.— <7ar<in«r v. Tatum,S.O. Cal., Deo. 10, 1888; 19Pac
Bep. 879.

222. PRINCIPAL AND AOBNT — Special Agents. A

special agent, who acts within his apparent power, will
bind his principal by his contracts, even if he has re-
ceived private instructions which limit his special au-
thority.— fldtt?«tt V. Graff, 8. C. Neb.,Dec.!14, 1888; 41 N. W
Bep. 142,



Digitized by



Google



178



THE CENTRAL LAW JOUENAL.



No. 7



828. Prikcifal ahd Aobnt— Shipping. A ship's hus-
band cannot, without express authority from the own-
ers, render them liable for money borrowed on the ves-
sel's account.— ^rey v. Ball, 8. J. O. Me., Dec. 8, 1888; 16
AU. Bep. 808.

284. PRmciPAL AND SURETY— Alteration of Instrument.
The unauthorized insertion in a bond given to se-
cure the performance of his legal duties by one Apply-
ing for a permit to engage In the liquor traffic, is not
such a material alteration as to discharge the sureties
on the bond.— fir^orr v. BUUner, S. 0. Iowa, Dec. 21, 1888;
41 N. W. Rep. 41.

225. Pbincipal and Surbtt— Release. Under the

provisions of Civil Oode Cal., relating to sureties and
guarantors, the same circumstances which would re-
lease a guarantor will also exonerate a surety.— CAa/oin
V. Rich, S. C. Oal., Dec. 10, 1888; 19 Pac. Rep. 882.

226. Prohibition— Court of Appeals— Jurisdiction.

Prohibition lies to prevent court of appeals from exer-
cising jurisdiction in case where amount exceeds Juris-
diction limit.— Sto/e r. Judges, S. 0. La. ; 5 South. Rep. 114.

227. Public Lands— Swamp Lands. A purchaser

of swampland for the board of commissioners, who
had paid the money and received certificate before the
passage of the act of- April 2, 1871, acquired the equitable
title, which was sufficient, as against purchasers from
the corporation.— JBr(u(/brd v. HdU, U. S. C. C. (Miss.),
Nov. 20, 1888; 86 Fed. Rep. 801.

228. Railroad Companubs- Negligence — Violation of
Ordinance. — In an action for an Injury occasioned by
the moving of trains In a yard, allegations in the peti-
tion of non-compliance with municipal ordinances reg*
ulating the speed of trains should be struck out, such
ordinances not being applicable to railroad yards.—
Orvbe V. Mo. Pac, Ry, Co., 8. 0. Mo., Dec. 20, 1888; 10 S. W.
Rep. 186.

229. Railroad Companies— Taxation— Exemption. —
Under $ 8 of charter of T. & M. V. R. Co., exempting
property from taxation on certain conditions, the ex-
emption was Intended to commence from completion
of the road to the Mississippi river.- F. (f M. V. R. Co, v.
Thomat, S. C. Miss., Nov. 12, 1888; 6 South. Rep. 108.

. 280. Railroad COMPANIBS-Injury— Highway. A

railroad lawfully near a highway has right to operate
road in usual manner and give usual signals of danger,
without incurring liability for injury by frightened
horses.- jBoOey v. H, ^ C. V, R, Co., 8. 0. Conn., July 7,
1888; 16Atl. Rep. 284.

291. Railroad Companies— Fires. In an action

for setting fire by a locomotive, the defendant having
shown the kinds of smoke stacks in common use, and
the styles in use upon its road, cannot show the style
in use upon other TO&ds.-^Meizger v. Chicago, etc. R, Co.,
8. 0. Iowa, Deo. 22, 1888; 41 N. W. Rep. 49.

232. Railroad Companies— Incorporation. In the

absence of any^statute or anything In the articles of in-
corporation of a railroad company, the company is au-
thorized to^begln business as soon as Its articles of In-
corporation arctflled In the recorder's office, as provided
by Oode Iowa, § 1064.— Jbftfwon r. Kessler, 8. C.Iowa, Dec.
22, 1888; 41 N. W. Rep. 67.

288. RAILROAD Companies— Purchase— Foreclosure.—
Under charter of railroad company succeeding another
company by purchase under foreclosure: ffeld, that de-
fendant having completed the road laid out by the
original company became liable for the value of land
appropriated.— JTencfrlcJi; v. C. C. R. Co., S. C. N. Car., Dec.
19, 1888 ; 8.8. K. Rep. 286.

284. Railroad Coiu>ANis8^Mortgages— Foreclosure-
Leases. On foreclosure of the railroad mortgage in

this case and the adjustment of claims of Intervening
creditors, the contract of lease of cars to the mortgagor
company by the oar company dominated by the same
persons, cannot be made the basis of an accounting for
the nse of the. leased oslts,— Thomas v. Peoria, etc. Co., U.
S. O. O. (Ul.), Aug. 29, 1888; 86 Fed. Rep. 806.

236. RB80I8ION OF CONTBAOT — Undue Influence.

Facts sufficient to set aside conveyance on ground of



incapacity and undue Influence.- JTe/Iy v. Smith, 8. O.
Wis., Dec. 22, 1888; 41 N. W. Rep. 60.

236. REFORMATORIES- Habeas Corpus — Appeal.

In a proceeding for the commitment of a* Juvenile
oflender to the reform school, under the law as it ex-
isted in the year 1886, the question of the age of the ac-
cused was one of fact, to be decided by the trial magis-
trate.- AucAanan V. MaUaHeu, 8. C. Neb., Dec. IS, 1888; 41
N. W. Rep. 162.

287. Reinsurance- Rights of Mortgagee. Where

a mortgagee, to secure his interest In the mortgaged
premises, takes out a policy of insurance thereon, run-
ning to the mortgagors, containing astipulation against
reinsurance, the policy Is defeated by unauthorized in-
surance obtained on the property by one of the mort-
gagors.— Oi/?«t< v. 2;ii:ef7>oo2, elo. Co., 8.0. Wis., Dec. 29»
1888; 41 N. W. Rep. 78.

238. Replevin- Partition— Pleading. Averments

necessary in partition, under § 196 of the code, In refer-
ence to replevin suit.— J7er<A<«er r. Jordan, 8. C. Neb.»
Dec. 14, 1888 ; 41 N. W. Rep. 147.

289. REPLEVIN— Parties —Intervention. -^— A party
who claims to be the owner of goods which are in con-
troversy. In an action of replevin, may intervene in the
case, upon flllng a petition before Judgment, alleging
his ownership.— ir«r26om v. Eskeg,S. 0. Neb., Dec. 18,1888^
40 N. W. Rep. 960.

240. SALE— DeliveiT—Fraud. Every sale made by

a vendor of goods in his possession, unless the same be
accompanied by an immediate delivery, and be fol-
lowed by actual change of possession of the thing sold,
is presumed to be fraudulent as against subsequent
purchasers in good iaith.— Fitzgerald v. Meper,S C.Neb.,
Dec. 18, 1888; 41 N. W. Rep. 123.

241. Sale— Pleading— Admission. In an action for

the price of a team, the answer alleged that plalntifl re-
ceived the note of one G in payment, and gave his own
note to defendant for the difference between the price
of the team and the amount of G's note : JTeM, an ad-
mission that the price of the team was the difference
between the amount of plalntlfl's note and the sum due



Online LibraryAugustus John Cuthbert HareThe Central law journal, Volume 28 → online text (page 48 of 151)