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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.

VENUE IN CIVIL CASES.

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.

Voters.

Wages.

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.

Action for price.

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.)

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See, also. "Descent and Distribution;" "Execu- See, also, "Deposition;" "Evidence."
tors and Administrators."

Capacity to make.

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.

Evidence.

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.

Construction.

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.)

187.

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.

WRITS.

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.

v.14so.-61

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.

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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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