A NEW LAW BOOK PROPERLY APPRECIATED, Wait-on-Fraudulent Conveyances, CREDITORS' BILLS, AND VOID AND VOIDABLE ACTS. A Practical Treatise, by FREDERICK S. WAIT. Esq., of the New York Bar. Published about the first of June last (a few weeks before the vacation period), this book has already had a very large sale, and seems to supply a real need at this time. It is unquestionably of great service to many lawyers, and is equally valuable in every State. This Treatise is invaluable to Lawyers, as it gives, fuller than any other work, practical information respecting Remedies of Creditors, against Debtors, involving the most important questions that constantly arise in every day practice. The work treats fully of the Remedies of Creditors, instituted to annul Fraudulent Conveyances and recover Equitable Assets. RE AD WHAT IS SAID OF THIS NEW WORK BY JUDGES, LAWYERS AND EDITORS. Chief Justice Waite, of the U. S. Supreme Court, says: "After the exhibition Mr. Wait gave us of his ability as an author in his former work on the Trial of Title to Land,' I feel sure this will be fund to be a very valuable addition to the legal literature of the day." Mr. Justice Blatchford, of the U. S. Supreme Court, says: "I have derived great satisfaction from a perusal of the new work on 'Fraudulent Conveyances and Creditors' Bills' The subjects are treated in a discriminating and thorough manner, and the book will be of great service to the profession, both on the bench and at the bar." Hon. Jno. W. Daniel, Author of "Negotiable Instruments," says: "It is a workmanlike performance-well done. On Notice of Fraud. Badges of Fraud, Evidence of Fraud, it is very clear and satisfactory. This book will be a most useful one.' Hon. D. W. Sanders, Louisville, Ky., says: “I have had occasion to examine, critically, your recent pub; lication, Wait on Fraudulent Conveyances and Creditors' Bills,' and find it a most useful and reliable work." Hon Judge Wm. P. Ballinger, Galveston, Texas, says: "It is not only the latest but the best work on the all-important subject of Fraudulent Conveyances, and the remedies against them. That part of the work on Void and Voidable Acts, which, so far as I know, is the first attempt by any American writer at the theoretical and scientific analysis of this most interesting branch of law, strikes me as well done; and altogether the book is a most valuable contribution to the profession." Chas. F. Beach, Jr., Legal Critic of the Courier Journal, Louisville, Ky., says: "In the work in hand, the author has, to some extent, gone over the ground covered some ten or a dozen years ago by Mr. Bump, but, in an important degree, in a manner very different from, and much superior to, the work of that gentleman, which, aside from the fact that it is now out of date, considers this question solely from the standpoint of an expert in bankruptcy, and as affected and, to some extent, colored and modified by the bankrupt legislation. Mr. Wait has done his work well. Both in its subject and its treatment, the book commends itself in these unsettled times. The Central Law Journal, St. Louis, says: "This is a timely contribution to the literature of the year and is, what we have not been able to say of all books, an excellent one. The book is well arranged, is written in a clear and concis- style with no unnecessary padding. The index is very full, and is well worthy of imitation." The Chicago Law Journal says: "To the practicing lawyer the methods of reaching property by legal process, which has been wrongfully concealed or fraudu lently conveyed, becomes a department of practice of primary importance. The object of this treatise is to aid the practitioner in this department of litigation. The subjects are discussed with a breadth and thoroughness which seems to us exhaustive and leaves nothing more to be desired. Altogether it will be found a labor-saving and exceptionally valuable book." David Hays, Esq., Rochester, N. Y., writes to the Publishers; "I cannot refrain from expressing to yon, and through you, to the author of the recent work on Fraudulent Conveyances and Creditors' Bills.' my admiration for that excellent book. Mr. Wait's production is one of the most satisfactory I have read on any legal subject." The Albany Law Journal says: cal importance. The author shows title to call his work a treat "A very complete treatise on a subject of considerable practi ise, for he really treats the subject, and does not merely make up a mosaic of cases. He cites nearly 4.800 cases, but they are not burdensome, typographically or mentally. We think his work commendable, and that it will make a place for itself. It is sumptuously printed." The Nation, New York, says: "Mr Wait's book is designed as a practical guide for the legal profession, and seems to be very complete in all the details of court procedure The nature of the property and interest available to complainants. the creditor's status, and questions of parties, pleading and provisional relie' are exhaustively discussed. The evidence and defences in this class of litigation are considered at length, including a very important discussion of the law of notice. The present time of financial misfortune seems to be opportune for the appearance of a book of this character, and we believe that the profession will find it highly serviceable." The Virginia Law Journal says: "As to the causes of the prevalency of fraudulent conveyances there may be some difference of opinion. The author thinks that the abolition of imprisonment for debt is the chief causes. He says; The personal liability of the debtor being no longer at stake, the natural tendency has been to promote reckless and extravagant expenditures, and to encourage and foster wild business speculations The cost of every reform must be borne by some one, and creditors are at the present time paying the price of this great change in remedies against the person.' The treatise is not limited to the mere details of practice. "WAIT ON FRAUDULENT CONVEYANCES, &c.," is in a fine octavo volume of about 800 pages. Price, $6.25. We send by mail or express, charges prepaid, upon receipt of price. BAKER, VOORHIS & CO., Law Publishers, New York. VOL. 3, NOW READY. Contains a large number of New Cases and fuller Annotations than Vols. 1 or 2, which were received with great favor by the legal profession. This volume contains nearly 100 Recent Cases (given in full) from the Highest Courts of the different States, on all matters connected with the Law of Wills and the Administration of the Estates of Deceased Persons, &c. With full Notes at end of many of the Principal Cases. American Probate Reports VOLUMES I, II AND III. COMPRISING RECENT CASES OF GENERAL VALUE DECIDED IN THE COURTS OF THE SEVERAL STAT S ON POINTS OF PROBATE LAW. With Notes and References. By WM. W. LADD, Jr., Esq., of the New York Bar. The Plan of this new Series of Reports is to give in an annual volume Contemporaneous or Recent Decisions of the Highest Courts of the different States of the Union upon all matters cognizable in Probate Courts-embracing among other topics, THE PROBATE AND CONSTRUCTION OF WILLS; DUTIES, POWERS, AND LIABILITIES OF EXECUTORS, ADMINISTRATORS, TESTAMENTARY TRUSTEES, GUARDIANS, &c., &c. * For Judges and Practitioners in Probate, Surrogate, and other Courts in Every State these volumes will be indispensable, as presenting in its latest phases the most important points of Probate Law. Over 100 Recent Cases are given in full, and nearly 1,500 Cases are cited in each volume. The labor of lawyers will be facilitated and lessened by having before them the most recent and valuable decisions drawn from the numerous State Reports, upon subjects which have to be considered daily in the practice of the law. The points covered by the Cases presented arise in Courts of Common Law and Chancery jusisdiction as well as in Probate Courts. Some of the Subjects covered by the Cases in these Volumes: Powers, Duties, and Liabilities of Executors. Administrators, Guardians, and Testamentary Trustees-including Investments, Collection of Debts, Compounding Claims, Interest. &c.-Testamentary Capacity; Formalities of Execution and Revocation of Wills; DEVISES. and their Construction: LEGACIES, their Vesting, Payment, Abatement, Satisfaction and Ademption. Formalities of Probate of Wills and Codicils; Foreign Probate; Lost Wills. EVIDENCE. Powers, Trusts, Perpetuities, &c., &c. The Annotations by the Editor (assisted by MR. CHARLES F. BEACH, JR.) form an important and valuable feature of these volumes. After many of the principal Cases, will be found a very full collection of Notes and references to earlier authorities. Also, the decisions of the Courts of different States on cognate topics are collected and collated so as to present any diversity of judicial opinion on the subjects under consideration. The Notes cover matters connected with: Duties of Executors and Administrators to Invest Funds and Securities in which to invest; Liability for Interest, for Misconduct, for loss or theft of Securities, for Acts of CoExecutor-Carrying on Testator's Business-Devises on Conditions Subsequent and Precedent-Appointment of Debtor as Executor-Signing in presence of Testator-Administration on Estate of Living Person-Illegitimate Child under Devise to Sons-Form of Instrument held Testamentary-After acquired Land-Removal of Executors and Administrators-Use of Intoxicating Liquors by Te-tator-Mutual Wills-Contingent Wills-Lost Wills-Effect of Attestation Clause-Will of several Distinct Papers-Funeral Charges-Compromise of Claims-Proving Contingent Claims-Charitable uses for Education-Interest on Legacies-Allowances to Parents out of Minor's EstatesExecution of Power of Sale by Acting Executors-Equitable Conversion-Estoppel by taking Under Will-Revocation by Pencil Cancellation-Revival Earlier Will by Revoking Later-Bequests of Personality for Life-Language necessary to Charge Debts on Land-Legacy to Draughtsman f Will-Necessity of Knowledge by Witnesses of Contents of Will-Execution of Testator's Contracts-Location of Testator's Signature-Condition not to Contest Will-Against Marriage-Necessity for A knowledgment of Signature-Devise of Use of Property-Disposition of Void Devises-Presumption as to Alterations-Life Tenant's Right to In rease of Stock-Reformation of WillsElection-Precatory Words-Ambiguity as to Devisee-Compensation of Executors-Meaning of "Legacy" and Devise "-" Children" and "Grandchildren "-"Relations." Vol. 3 of THE AMERICAN PROBATE REPORTS is in a handsome octavo volume of over 650 pages. In best law book style. Price, $5.50 net cash. By mail or express 25 cents extra. NOTICE.-We will now send the 3 vols. of these Reports for $15.00-postage or expressage extra. BAKER, VOORHIS & CO., Law Publishers, New York. The Chicago Law Journal. CHICAGO, JANUARY, 1885. 9 .9-10 10-12 12 BAKER, VOORHIS & CO. We are in receipt of a new and elaborate catalogue just issued by Baker, Voorhis & Co., of New York, which gives a full list of their Law Publications. This house deservedly stands in the .2-6 and 25-29 front rank of law publishers in the United States. Many of the younger members of 10 the profession perhaps are not aware that this house was founded over half a cen12-13 tury since, and include in the list of their own publications some of the best law. books published in this country. This 14-15 catalogue contains a brief history of the house and will be sent to any one upon .15-16 application. .13 13-14 .14 15 15 16-17 17-21 21-24 .24 THE CHICAGO LAW JOURNAL is published on the first of each month, and mailed to subscribers at the low price of $1.50 per annum, postage paid. With the December Number of the current volume of THE JOURNAL, A COMPLETE INDEX TO VOLUME V. will be furnished to subscribers Free. We will continue to give from sixteen to eighteen pages of reading matter in each issue, which will consist chiefly of brief digests of recent decisions of the Court of last resort of the several states, and of the United States, carefully selected, with a view to their practical importance, REPORTED ESPECIALLY FOR THE JOURNAL, or in American Law Periodicals, giving a syllabus of each case, together with the name, page and date of the Journal or RECORD where a full report of the case may be found. The purpose is to advise our patrons of questions decided in the latest cases of importance, and HOW and WHERE complete reports of the same may be obtained. Subscriptions may commence with any month in the year. AMERICAN LAW RECORD. The American Law Record for December contains Nat. Bank v. Township Trustees in which it is held by the Supreme Court of the United States, that under the statutes of Ohio, in force in 1853, Township Trustees were not authorized to issue Township bonds in aid of a railroad about to be built through their township unless a similar proposition to issue bonds by the county for the same purpose had been submitted to the voters of the county and had by a majority been refused. Also Fink Bros. & Co. v. Patterson, Madison & Co. in the United States Circuit Court of Virginia, in which it is held that where an insolvent debtor submits a proposition of compromise, and while the proposition is pending he carries on his business and some of his creditors obtain payment in full, while others accept the proposition that in such case equity has jurisdiction, on a bill filed to appoint a receiver and to take posses sion of the firms assets and administer them for the benefit of the creditors, and this can be done without having obtained judgments. C. B. & Q. R. R. Co. v. Skupa, 2.00 Supreme Court of Nebraska in which it is held that the vender of real estate cannot $1.50 .20 We continue to send THE JOURNAL to all sub- maintain an action of forcible entry and scribers until all arrears are paid and we are re-detainer against the purchaser, in possesquested to stop it. CHICAGO LAW PUB. CO. sion, for default in payment although by the terms of the contract time is made the legal proceedings, without cost or other essence of the contract,-also North Star restrictions. Boot & Shoe Co. v. Ladd et. al., Supreme Court of Minnesota and digests of a number of cases in the Supreme Court of Ohio. 3. Municipal Corporations-As State instrumentalities, may have same exemptions as the State.-Public municipalities, such as counties, cities, villages, towns SUPREME COURT OF CALIFORNIA. and school districts, and all officers suing ASSIGNMENT OF OFFICIAL'S SALARY for or defending the rights of the State, BEFORE DUE-AGAINST PUBLIC POLICY or acting for or instead of the State in resAND VOID.-Each of certain deputies in pect of public rights, being only instruthe city clerk's office in San Francisco, mentalities of the State, may constitutionearly in July, 1881, delivered to the city ally be authorized to sue without the payclerk a writing which in terms acknowl-ment of costs, or conforming to all the reedged the receipt of payment of their quirements imposed by the law upon natsalary for the said month of July, and the ural persons, or corporations formed for clerk thereupon delivered said writing to private gain. the auditor and received therefor value less a certain discount for having paid it in advance. Morris R. Locke et al. v. William Davison et al. Filed at Springfield, September 27, 1884. 1. County-Power to fund indebtedness or issue interest-bearing bonds to take up county orders.-A county board has no authority of law to fund county indebtedness, or issue interest-bearing bonds for money with which to take up outstand Held, that such assignment of the salary of an official before it becomes due is against public policy and void. In State Bank v. Hastings, 15 Wis. 78, and Bliss v. Lawrence, 58 N. Y. 442, the rule was adopted which is followed in this case. Bangs v. Dunn-(McKinstry, J.)-ing county orders and obligations, with Filed Oct. 31, 1884. out a vote of a majority of the legal voters of the county; and with such vote they are limited to eight per cent interest on SUPREME COURT OF ILLINOIS. Harry E. Holmes v. The City of Matton. Filed at Springfield, September 27, 1884. 1. Constitutional Law--Law exempting municipal corporations from giving appeal bond. The act of 1879, allowing municipal corporations to appeal without giving an appeal bond, as in other cases, is not unconstitutional, as being either a local law or special legislation. 2. State Rights of, in respect to suits -Liability for costs.-A State can not be sued without its consent, nor can its power to sue and prosecute suits in all their various stages be limited or controlled, except by its sovereign power properly exercised. It has the undoubted right to prosecute and defend all suits and maintain all 2. Same-Injunction to prevent payment of interest on bonds illegally issued. -Where a county board issued bonds bearing ten per cent intereet, for $8,000, with which to liquidate outstanding county orders, the payment of interest on the same was enjoined by the Circuit Court at the suit of the tax payers of the county, and this court affirmed the decree. 3. Statute-Manner of doing an act described by, must be observed.—Where a statute points out a particular course to be pursued to effect a particular purpose, no other course can lawfully be pursued. 4. County Board-Statute defining its powers, construed. The statute which provides that the county boards of the several counties shall have power "to manage the county funds and county business, except as otherwise specifically provided," does not give such boards an absolute and unlimited power of management of county funds, when there is an absence of any specific provision of law to the contrary. It means no more than a power to manage the county funds and county business according to law. 5. Chancery-Affirmative relief not an answer.-On bill filed by tax payers of a county to restrain the county board from paying certain interest-bearing bonds illegally issued by that body, for money with which to liquidate outstanding county orders, the Circut Court enjoined the county board from paying interests on such bonds, but failed to decree that the principal sum should be returned, and this failure was assigned for error: Held, that that the decree was not erroneous in this respect, as there was no cross-bill to warrant the giving of such affirmative relief to the bondholders. 6. Same-Impossing eqitable terms in granting relief.-On bill by tax payers to restrain a county board from misappropriating county funds to the payment of interest, at ten per cent, upon bonds issued by such board in violation of the statute, in granting the relief sought it was held, that the rule, he who seeks equity must do equity, did not apply to the complainants, as they did not owe the debt, and that there was no error in not requiring them to pay the principal, with legal interest. Had the county sought to be relieved from the payment of the stipulated interest, the rule might have been applied. Joseph J. Bently et al. v. William O'Bryant et al. Filed at Sprinfield, September 27, 1884. 1. Evidence-Judgment on distress for rent for defendant to disprove tenancy.A judgment in favor of the defendant in a proceeding by distress, on a plea simply denying indebtedness for rent, but not putting in issue the fact of a demise, is not admissible in evidence in another suit to disprove there was tenancy between parties. Former Adjudication-No bar as to matter not made an issue. To a distress warrant the defendant pleaded that he was not indebted in manner and form as alleged in said warrant, upon which issue was taken, but filed no plea denying the demise. A verdict and judgment were given for the defendant: Held, that the verdict and judgment did not estop the plaintiff in another suit from asserting that the defendant was his tenant. 3. Mortgage-Presumption that a deed is not a mortgage.-Where a deed for land on its face appears to be an absolute and unconditional conveyance, and is acknowledged and delivered, the law will presume, in the absence of proof showing the contrary, that it is what it purports to be, an absolute conveyance. 4. Same-Burden of proof on question whether a deed is or not a mortgage.— where a warranty deed for land, absolute on its face, is claimed to be a mortgage only, the party alleging such a character must sustain his claim by evidence sufficiently clear and satisfactory to overcome the presumption of law that it is an absolute conveyance. Loose, indefinite and unsatisfactory evidence will not suffice. 5. Admissions-Of grantor after conveying, as against grantee. The admissions and declarations of a grantor of land, made when the grantee is not present, can not be admitted in evidence to invalidate his deed or to affect his grantee. Frank P. Zimm v. The People of the State of Illinois. Filed at Springfield September 27, 1884. 1. Evidence-Declaration of a third person in hearing of defendant. On the trial of a policeman for an assault and battery, it appeared that the defendant had arrested a boy without warrant, for jumping upon a passing freight train of cars, and that the boy's brother having heard of the arrest, with a third person came up at a rapid gait to the officer, when an altercation between the three ensued, the third person acting in concert with the older |