Construction of contract of sale for several tracts of land-Apportionment of value of short- ages. (Miss.) 193.
A broker's representations that certain im- provements are contemplated which will en- hance the property are expressions of opinion only. (Ala.) 171.
Recital as to consideration is not evidence against one claiming title under judgment against grantor for debt which arose before date of deed. (Ala.) 561.
portion which was insufficiently described. (Ala.) 874.
Where grantees as part of the price agreed will enforce a vendor's lien for that amount. to satisfy a charge upon the property, equity (Ala.) 876.
Where a deed provides that the grantee shall fence premises, the grantor is not entitled to vendor's lien to enforce damages for failure to fence. (Ala.) 783.
A vendor who retains title and possession un- der agreement to convey on payment of price can enforce his lien against the assignee for ben- efit of creditors of the purchaser. (Ala.) 624.
No vendor's lien can attach when land is sold with chattels for a gross sum. (Ala.) 475.
Bona fide purchasers.
Evidence of a purchaser that he does not rec- of an unrecorded mortgage is not sufficient to ollect having received notice of the existence establish that fact. (Ala.) 321.
The venue of an action against a carrier for being ejected from a train is in the parish of ejection. (La.) 911.
Where the agent of a purchaser receives bond for deed, instead of deed to the land, and noti- fies a purchaser, who makes no objection, it is a waiver of the contract for title. (Ala.) 171. Where title tendered makes no reference to that which the vendor holds, bad faith cannot be presumed in the purchaser because the vendor's title of record was fatally defective. (La.) 845. Vendor retaining title and possession, and binding himself to convey on payment of price, is accountable for rents and profits to vendee. See "Elections and Voters." (Ala.) 541.
ten agreement of a case from the city court Under an act authorizing a transfer by writ- to the county court, on payment of costs, where the parties agree that "defendant pay the costs" of certain witnesses, plaintiff to trans- fer the case must pay the other costs. (Ala.) 651.
Adverse occupancy of one of the lots was not such failure of title as entitled vendee to credit on price. (Miss.) 193.
A vendee is not entitled to credit for failure See "Master and Servant." of title as to certain land conveyed, where he knew that it had been sold previously, and he got the amount of land bargained for. (Miss.) 193.
Vendee was entitled to credit for taxes paid on land to which title failed. (Miss.) 193. Where deed provided that, on failure of title to any of the land, it should be quitclaimed to vendor, and vendee should have credit therefor, the latter could enforce such provision if ven- dor's title was through a remote grantor, in whom the record failed to show title. (Miss.) 193.
In an action for the price of land, a plea set- ting up a want of title in plaintiff to the land is bad when it does not show that the purchas- er received no conveyance, or that he is out of possession, because of plaintiff's lack of title. (Ala.) 115.
In an action for the price of land, a plea that at the time of the sale the land was in adverse possession of a third person is insufficient. (Ala.) 115.
In an action for the price of land, a plea that the purchaser was not put in possession, and cannot obtain it, is insufficient, when it' does not appear that possession was to pass before payment of the price. (Ala.) 115.
In an action for the price of land, a plea that the vendee has not received a conveyance from the vendor is bad when it does not state the terms of the promise to convey. (Ala.) 115. Vendor's lien.
Right of defendant in a suit to enforce a vendor's lien to an abatement of price as to a
WATER COMPANIES.
It is no defense to an action to annul the charter of a water company for failure to sup- y sufficient water that it had ceased operations from city that it was about to exercise its op- towards increasing supply because of notice tion and purchase the works. (Ala.) 652.
WATERS AND WATER COURSES.
See, also, "Navigable Waters."
In an action by an executor for pollution of stream, his recovery is not limited to damages to the rental value for one year, but for perma- nent injuries. (Ala.) 749.
A lower riparian owner is entitled to dam- ages against an upper owner using the water to wash ores and polluting the stream. (Ala.) 749.
An upper riparian owner, using the stream for mining purposes, cannot render it unfit for the use of a lower owner, or fill up the channel. (Ala.) 167.
In action against upper riparian owner for polluting stream, defendant can show that oth- ers were making deposits in stream above plain- tiff's property. (Ala.) 167.
In an action against an upper riparian owner for polluting stream, a plea that plaintiff failed 167. to take precaution to prevent it is bad. (Ala.)
See, also. "Descent and Distribution;" "Execu- See, also, "Deposition;" "Evidence." tors and Administrators."
Where a witness states that she does not know the consequences if she should testify falsely, she is competent, where the judge cer-
Requisites of a sound and disposing mind and tifies that she exhibits as much intelligence as memory. (Ala.) 685.
Witness could testify that testator was "child- ish," and his expression "simple." (Ala.) 685.
On issue as to testator's capacity, it is improp- er to charge that the opinions of nonexperts are most unsafe, and that, to render them legal evidence, they must be accompanied by facts on which based. (Ala.) 685.
One who has had such a long acquaintance with testator as to be able to form judgment as to testator's mind may give his opinion. (Ala.) 685.
It is error to charge that opinions of profes- sional witnesses as to insanity are of little value. (Ala.) 685.
Before one not expert can give opinion as to testator's sanity, he must state facts on which opinion is based. (Ala.) 685.
Fraud and undue influence.
An unequal distribution of testator's property does not show fraud or undue influence. (Ala.) 685.
Probate and contest.
On presentation to a civil district court of the record of the probate court of the domicile of decedent probating her will, the court will recognize such probate, though the will had been once offered in that court, and probate had been refused, as it did not in form comply with the laws of Louisiana. (La.) 233.
Such recognition will not affect the rights in Louisiana of the creditors and others having a legal right to contest its provisions. (La.) 233. The fact that a decree of a probate court of New York admitting a will to probate has been appealed from does not prevent a recognition of the decree in Louisiana. (La.) 233.
The probate court of the county of the state in which testatrix had her domicile had juris- diction to determine whether an instrument pre- sented was the will of testatrix, under the laws of her domicile. (La.) 233.
A person who takes more under a will than he would as heir is not a "person interested," within Code. § 1822, authorizing such person to contest a will probated without notice. (Miss.) 536.
A will giving to testator's wife the life en- joyment of all his property, and providing that, after her death, "the naked ownership shall re- vert, and I bequeath unto her nephew B., for the benefit of his children, said property," is valid. (La.) 252.
Will construed and held a special legacy of specially described objects. (La.) 922.
an ordinary person of her class. (La.) 181.
A party to ejectment may testify whether he has knowledge that any objection was made by a deceased grantor of opposite party to a certain line as a boundary of the locus in quo. (Fla.) 805.
Leading questions cannot be asked by counsel of his own witness introduced for purposes of impeachment. (Miss.) 534.
Cross-examination.
Scope of cross-examination. (Ala.) 366.
The cross-examination to test the memory of a witness is within the discretion of the court. (Ala.) 767.
Where a witness for state has on cross-exam- ination testified that the general character of deceased for peace was good, it is proper to re- ject a question as to a quarrel between de- ceased and a third person. (Ala.) 327.
On cross-examination of an accused by way of impeachment, the state's attorney should an- nounce the object of the questions asked. (La.)
The state cannot cross-examine witness for defense on matters not referred to in direct examination, though the same facts have been testified to by other witnesses. (La.) 26. Credibility.
Credibility of a witness cannot be impeached by showing that she is a prostitute. (Ala.) 853. To impeach witness by showing contradictory statements, these must be material to the issue. (Ala.) 685.
May be impeached by proof of contradictory statements. (Ala.) 685.
Where a witness is impeached, an instruction that such proof should "weigh heavily" against the witness invades the province of the jury. (Ala.) 634.
Evidence that a witness said, 18 months be- fore the larceny charged, that he would do any- thing for money, was incompetent to impeach him. (Ala.) 895.
Evidence that the employer of one of the state's witnesses is taking an active part in the prosecution is competent. (Ala.) 409.
See, also, "Attachment;" "Certiorari:" "Exe- cution;" "Garnishment;" "Habeas Corpus;" "Injunction;" "Mandamus;" "Prohibition, Writ of;" "Replevin."
A summons issued during term of court, and returnable instanter, is void. (Miss.) 464.
A summons is not "sued out" till it passes from the clerk to a proper officer, with a bona Will construed and held to constitute a usu- fide intention to have it served. (Ala.) 333. fruct for life. (La.) 922.
Where a will devises certain described prop- erty, it refers to that in existence at the date of the will. (La.) 922.
A wife cannot be brought into court to re- spond in a civil suit by citation on her husband, an absentee, who happens to be temporarily in the state. (La.) 122.
95 ALA.-Continued. Railroad Co. v. Crocker (11 So. 262). Railroad Co. v. Jarvis (10 So. 323). Railroad Co. v. Meadors (10 So. 141). Railroad Co. v. Morgan (10 So. 834). Railroad Co. v. Worthington (10 So. 839). Redwine v. Sides (11 So. 210). Reeves v. State (11 So. 158). Reynolds v. Crook (11 So. 412). Rolling Stock Co. v. Clark (10 So. 917). Rosenberg v. H. B. Claflin Co. (10 So. 521) Russellville, Ex parte (11 So. 18)...
Saint v. Wheeler & Wilson Manuf'g Co. (10 So. 539).
Savannah & W. R. Co. v. Jarvis (10 So. 323)
Savannah & W. R. Co. v. Meadors (10 So. 141)
Sayre, Ex parte (11 So. 378). Scott v. Scruggs (11 So. 215). Seymour v. Farquhar (10 So. 650). Sibley v. Alba (10 So. 831). Sims v. Herzfeld (10 So. 227). Sloane, Ex parte (11 So. 14). Smith v. Dick (10 So. 845). Smith v. Johnson (11 So. 20). State v. Harrub (10 So. 752).
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