history of the enactment may be traced as the plat of the land were drawn in the face throwing light upon the intention of the of the deed.—Chapman v. Polack.-Filed legislature when the act was passed.-Stout Aug. 27, 1886.-Cal. v. Grant County.-Filed Sept. 16, 1886.— Ind. TAXES ON PERSONAL PROPERTY.-WHEN STATUTE OF LIMITATIONS.—APPLIED TO THEY BECOME A LIEN.-Tax upon personal A CUSTODIAN OF PUBLIC MONEYS.-Where a property does not become a lien thereon county officer is delinquent in the payment until it is levied, nor do such taxes become into the treasury, of public moneys received a lien on real estate owned by the party in by him, the statute of limitations does not default until such levy is made.-Castle v. commence to run until demand is made npon Anderson.-Filed Oct. 6, 1886.-Iowa. him for the money. Where a county officer is authorized to appoint a deputy, such deputy is liable for the funds received, the same as if elected to the office by the people.-S. L. Dispo Co. v. King.-Filed, May 18, 1886.-Cal. TAXATION.-EXTENSION OF TAX ON ACRE PROPERTY AFTER IT HAS BEEN SUBDIVIDED INTO CITY LOTS.-Where land has been assessed for taxes and subsequently subdivided into city lots, the tax thus assessed becomSUPPLEMENTARY PROCEEDINGS.-NOTICE. ing delinquent, the clerk has no authority to -SETTING ASIDE FOR IRREGULARITY.-In extend the tax thus assessed proportionately supplementary proceedings, under an order to each lot in the sub-division, nor can the for discovery in aid of execution the defend- tax on the whole of the land be extended as ant is entitled to personal notice. Notice left at his house, with his wife, in his absence, is not sufficient, and where personal notice has not been served the proceedings will be set aside.-Shannon v. McMurtrie.-Filed Sept. 9, 1886.-N. J. againt one or more of the lots.-Gage v. Seipp, Treasurer.-Filed Oct. 5, 1886.—Ill. TAXATION.-LICENSE TAX.-RESOLUTION IMPOSING A TAX UNDER AN ACT WHICH HAS BEEN REPEALED.—In an action to recover a license for the sale of intoxicating liquor, it personally to prosecute the action—his attorney may do so. Where such tax is imposed under an act of the legislature which has been repealed, the tax is illegal and cannot be recovered.—San Obispo Co. v. Hendricks.-Filed June 30, 1886.—Cal. SUPPLEMENTARY PROCEEDINGS.—POWER is not necessary that the collector appear OF COMMISSIONERS.-In supplementary proceedings the commissioner ordered the husband of defendant to appear and submit to an examination. Held that the commissioner in such proceedings has no power to require any one but the defendant to appear for examination nor to restrain another person from disposing of property in his hands TRIAL. MISSTATEMENTS OF EVIDENCE BY pending the proceedings. The party exa- ATTORNEY IN ARGUMENT.—Where an attormined is entitled to an allowance for witney, in his argument to the jury, misstates ness fees and expenses not exceeding $25 the testimony, such misstatements cannot be and costs.-Blandon v. Gilchrist.- Fied Sept. 21, 1887.-Wis. considered on appeal, unless objection be made at the time and the ruling of the court had on it. If such objection and ruling be SURVEYS AND SURVEYORS.-MAPS AND made part of the record, then the question BOUNDARIES.—Private surveys and plats will may be reviewed, but not otherwise.-Bulnot be admitted in evidence against the sur- lis v. Drake.-Filed Sep. 29, 1886.—Neb. vey of the United States. A description of land in a deed by reference to lines drawn TAXATION. ASSESSMENT OF OMITTED on a map is as definite and conclusive as if PROPERTY.-AUTHORITY OF COUNTY COMMIS TRIAL OF A CRIMINAL ACTION.—INSTRUC SIONERS.-A county auditor is an officer be- land is adapted; and the extent to which longing to the administrative branch of the the plaintiff was deprived of its nse. The executive department, and it is nowhere pro- damages may be more or they may be less vided that such officer may exercise the than the expense of removing the brush.— functions of the judicial department, and a Hutchinson v. Parker.-Filed July 30, 1886. county auditor cannot assess omitted prop--N. H. erty, and the county commissioners cannot delegate to the auditor such powers.-Van- TIONs.—Reasonable DOUBT.—In a criminal dercook v. Williamz.-Filed June 25, 1886. trial, if it is clear that a certain degree of the -Ind. crime charged is not involved in the case, it is not eiror for the court to refuse to give instructions defining that portion or degree of the crime. Where the court instructed the jury that "if you beleive that the knife and pistol which are said to have been found near the deceased at the time of the arrival of the officers were the property of the deceased, you will give the defendant the benefit of every rational doubt growing out of such circumstances." Held, that such instructions were ambiguous and erroneous.— People v. Lee Gam.-Filed May 24, 1886.— Cal. TRIAL.- FAILURE OF DEFENDANT To RAISE AN ISSUE ON AN EQUITABLE POINT.INSTRUCTION.-A defendant who fails in his answer to raise an issue on an equitable point, cannot subsequently complain if the court makes no finding on the point. In an action to recover possession of a mine, to instruct the jury that the failure of those locating the mine to put a monument at the corner, when the boundries were otherwise sufficiently described, was fatal to plaintiff's recovery, was error.-Anderson, et. al. v. Black, et. al.-Filed July 27, 1886.—Cal. TROVER AND CONVERSION.-WHAT IS THE TRESPASS.- PLEADING. ERROR IN DE-MEASURE OF DAMAGES.-In an action for the SCRIPTION OF LAND.—In an action of tres- recovery of value of goods wrongfully taken, pass where the plaintiff misdescribed the the court instructed the jury that "if you fi‚ɩd land on which the alleged trespass was com- for the plaintiff, the measure of damages will mitted, and the defendant answered claiming be the value of the goods at the time they title to the land, when the pleadings other were taken by the defendants, at the place wise showed that the plaintiff had title, a new they were so takeu, with seven per cent. in assignment or amendment of complaint was terest on such amount from the time of con not necessary. If the complaint was not version." Held, that this ruling was correct. sufficiently explicit, the defendant should Simpson v. Alexander.-Filed April 9, 1886. have demurred, then the court would have ordered the complaint amended if necessary to raise the issue.-Baier v. Ziegelboner.Filed Sept. 21, 1886.-Wis. TRESPASS.-FELLING OF TREES ACROSS A LINE FENCE.-MEASURE OF DAMAGES.-In an action of trespass for felling trees across a line fence and leaving the brush on the neighbor's land, the measure of damages is not the mere expense of removing the brush, nor is it the value of the land alone. The damages should be measured by such considerations as the value of the land before and after the cutting: the uses to which the -Kans. TROVER AND CONVERSION-DEFENDANT'S BREACH OF CONTRACT.-To constitute a conversion of property there must be some exercise of dominion over property inconsistent with the owner's rights. Where one hired a horse and carriage to make a certain drive, and on the way stopped to feed his horse, and while the horse was in the stable feeding the building was burued, and with it the horse and harness. Held, that he was not guilty of a conversion of the property.— Evans v. Mason.—Filed July 30, 1886.—N. H. UPON mission charged is not exhorbitant for the services rendred.-Mackey v. Winkler.Filed Sept. 30, 1886.—Minn. USURIOUS ADVANCE OF MONEY-REMEDY OF THe debtor.—UsuRIOUS PAYMENTS DEDUCTED.-Where a debtor, unable to pay certain judgments against him, procured an wire fence--Negligence.—Where a horse was trespassing upon an inclosure the owner drove him upon a wire fence whereby he was killed. In an action t recover the value of the horse the defendant alleged that the plaintiff was guilty of contributory negli. gence in allowing a fence to be out of repair, whereby the horse became a trespasser. other to buy the judgments and take an asHeld, that there was no evidence to show contributory negligence, and defendant was liable.--Bullard v. Mulligan.-Filed Oct. S, 1886.-Iowa. signment of them, and paid a bonus of $225 to have the same accomplished. Held, that the amount so paid was usurious and might be deducted from the amount of the judgments so held.— Warron's Appeal.-Filed Feb. 15, 1886.—Pa. TRUST.-REVOCATION OF.-....WHAT IS NECESSARY TO THE CREATION OF A TRUST.-If the subject matter of the trust be clearly de- VENDOR AND VENDEE.-TIMBER LANDS fined and the purpose of the trustor made-BREACH OF CONTRACT AND EVICTION OF clearly manifest, and the trust be accepted VENDEE.-Where one contracts for the purby the trustee with full knowledge, the trust chase of timber lands, agreeing to cut and is thereby created, and if the subject of the deliver timber in payment for the land, and trust be personal property it is not necessary having performed the contract in part, is that the transfer be in writing. When the evicted for a breach of the contract, he is trust has been created the trustor cannot re-entitled both before and after eviction to the voke the same without the consent of the possession of the timber which he has cut on cestui que trnst, unless in the creation of the the land.-Seeley v. Garey.-Filed Oct. 5, trust the power to revoke was reserved.-1886.-Pa. Hellman v. Mc Williams.-Filed Aug. 26, 1886.--Cal. TRUSTS.-VIOLATION OF TRUST BY TRUSTEE. Where children conveyed land to their father with the understanding that he should convey it to another and use the proceeds so far as necessary for his support, at his death the proceeds remaining should revert to the children. The father sustains the relation of trustee to his children, and where he gives a portion of the funds to a woman to induce her to marry him, it is a violation of the trust.--Edinger v. Heiser.-Filed Oct. 7, 1886.-Mich. VENDOR AND VENDEE.-RECOVERY OF PURCHASE MONEY UPON FAILURE TO CONVEY. -Where a party has agreed to convey certain lands, and after receiving the whole, or part of purchase money, he is unable or fails to convey title, the vendee may recover the purchase money paid. The law implies a promise on his part to do so.-Sanders v. Lansing.-Filed Aug. 25, 1886.--Cal. VENDOR AND VENDEE.-EQUITABLE POSSESSION BY ONE WHO HAS PAID PART OF PURCHASE MONEY.-Where a brother and sister buy a farm and each pay part of the purchase money, and without the sister's knowl USURY.-A BROKER LOANING MONEY AND edge the land is conveyed to the brother CHARGING THE BORROWER A COMMISSION.— Where a broker procures a loan of money for the borrower and charges him a commission in addition to the legal rate of interest on the loan, such charge will not be construed to be usury, especially when the com alone, the fact that the sister lives with the brother and keeps house for him is not notice to any one loaning money to the brother on a trust deed of her equitable rights in the property. A court of equity will declare a resulting trust in favor of the sister, al Olney v. Moore.-Filed March 9, 1886.— WATERS AND WATER-COURSES.-ACTION FOR DAMAGES CAUSED BY FLOWAGE.-Where a mill-owner had acquired the right to erect a dam and of flowage on plaintiff's land from October to April of each year, during the summer months, while his flood gates were open, an accumulation of drift wood caused a flowage and consequent damage to plaintiff. Held, that an action for the damage thus caused could not be maintained against the mill-owner.-Clapp v. Manter.—Filed Sept. 20, 1886.—Maine. WATERS AND WATER-COURSES.-EASEMENTS BY PRESCRIPTION.-CESSATION OF ITS USE.-A mill owner having acquired an easement by prescription of flowage, he does not forfeit his right thereto by non-usage, unless such non-usage is continued uninterruptedly for a period of 20 years, or unless such non-user carries with it the unmistakable intention of abandonment. The extent of the flowage is measured by the limitation of the water when the dam is full.-McConnell v. 4. B. Powder Co.-Filed Sept. 17, 1886.-N. J. WATER AND WATER-COURSES.- -LAND ABUTTING ON SEA SHORE.-TITLE BETWEEN HIGH AND LOW WATER MARK.-In the absence of proof to the contrary the courts must presume that the title to land abutting on the sea shore extends only to high water mark. The soil intervening between high and low water mark belongs to the state.L. B. L. & W. Co. v. Richardson.-Filed July 26, 1886.—Cal. WATERS AND WATER-COURSES.- TIDE LANDS ON THE COLUMBIA RIVER.-Up until 1879 the owner of lands abutting on the WILL.--DEVISE IN TRUST AND THE BENEColumbia river had a prefered right to pur- FICIARY TO TAKE INCOME ONLY.-When a chase the tide lands in front of their prop- testator bequeathed a certain amount to one erty. Where one subsequently purchased of his sons in trnst for another son, directing tide lands, procuring them by false represen- that the interest be paid to the beneficiary tations, in an action to have him declared a annually, and at his death the bequest to be trustee for the owner of the abutting lands, divided among his children, if he had any, the court refused to declare the sale invalid, the beneficiary dying without issue, Held, because the limitation had expired, but set that the bequest reverted back to the estate the sale aside on the ground of fraud.- of the father and the administrator of the father's estate was entitled to it.-McDev R. R & St. L. Ry. Co. v. Jewell.-Filed itt's Appeal.-Filed May 31, 1886.-Pa. WILL. ELECTION BY WIDOW.-DEED DE LIVERED BUT NOT RECORDED.Where a widow has the right of election between two properties, and without any formal election assumes the ownership of one, it is equivalent to a formal election by her, if at the time she has knowledge of her rights. Where a trustee conveys property which had been conveyed to him in trust, and the deed delivered in escrow subsequently cancelled, such cancellation is a good defense.-Burroughs v. DeCouts.-Filed July 31, 1886.- Cal. WILLS.-LAPSED Legacies.—DISTRIBUTION BY DESCENT.-Where some of the legatees under a will die before the testator, the legacies as to them will lapse, and should be distributed by the laws of descent without regard to other legacies provided for in the will.--Ward Exrs. v. Dodd.-Filed Sept. 10, 1886.-N. J. WILLS. BENEFICIARIES NOT IDENTIFIED. TRUSTS PARTLY VALID AND PARTLY VOID.— Where a testator directed that his executor disburse to worthy persons in his discretion, a sum not exceeding $500, Held, that the bequest was inoperative, as the cestuis que When a portion trust was not ascertained. of a bequest is valid and a part void, that which is valid shall be executed, the balance will fall into the residuum of the estate and be distributed as an intestate estate.-Bristol, Exr. v. Bristol.-Filed Dec. 14, 1885.Conn. Sept. 5, 1886.-N. Y. Loan & Trust Co. v. M. E. & M. Works. In Re. Assignment of Gazeti. Filed Oct. 1, 1886.—Minn. In an action by creditors to be allowed to share in an insolvent estate without filing a release, it is sufficient to aver in the complaint that the creditor has fraudulently concealed his property, and disposed thereof in fraud of his creditors.) Thomas v. Joslyn. Filed Oct. 6, 1886.-Minn. (Where a judgment has been obtained for the specific performance of a contract, such judgment is a bar to a subsequent action to reform the contract.) Blakely Townsnip v. Devine. Filed Oct. 13, 1886.—Minn. (The supervisors of a town have no authority in improving highways, to so construct drains or ditches, as to cause adjacent lands to be overflowed to a greater extent than would otherwise naturally occur.) Clapp v. M. & St. L. Ry. Co. Filed Oct. 6, 1886.—Minn. (An engineer is not presumed to have assumed the risk incident to a weak or defective rail in the track, and being injured thereby he has a right of action against the company.) McKern v. City of Albia. WRIT AND PROCESS.-PRESUMPTION AS TO THE ACTION OF A PUBLIC OFFICER. SUMMONS TO ANOTHER COUNTY.-The presumption is always indulged by the court, in the absence of anything shown to the contrary, that public officers discharge their official duties according to law. Where a summons is issued to the sheriff of another county, for personal injury, upon finding that the against a corporation, it will be presumed that there was no officer or agent within the • county on whom process could be served. Filed Oct. 8, 1886.-Iowa. (An instruction which in effect orders a verdict in favor of the plaintiff in an action allegations of the complaint are established, without considering the question of contributory negligence, is error.) |