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The effect of an agreement to deliver within Where land passed to a testator's heirs sub
a certain period of time. Bergheim v. Blaern-ject to a perpetual easement for a religious
avon Iron Co.

108

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worship named. Held, that all the rights in the
land not in conflict with the worship designat-
ed by the testator remained in the heirs and
that they were obliged to suffer the land to be
used by the persons and for the object stated.
Saxton v. Mitchell.
337

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The examination in divorce proceedings will Reasonable necessity must be shown to jus-
be held by the court in private, whenever pub-tify the taking of lands for public uses, but
lic decency shall demand it. Á. v. A. 59 reasonable discretion must be allowed. New
York &c. R. R. Co. v. Metropolitan Gas Light Co.

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Jurisdiction over partnership assets and ac-
counts. Interest of third parties in part of
real estate fraudulently conveyed by partner.
Geery. v. Geery.
30

Hard bargain. Reasonableness of contract.
Relief. Costs on better offer than judgment
recovered-and on appeal. Beynon, v. Cook..
60

Will relieve against a forfeiture under a
covenant in a lease to pay taxes and assess-
ments. Lessee may have his relief in a new
action. Giles, v. Austin.
153

Will not relieve by injunction against suits
on void instruments, though in the hands of
bona fide holders. At least, except upon con-
dition that plaintiff will restore what he has
received. Though different individuals may
bring like suits they cannot be compelled to
join in one suit. Town of Venice, v. Gould.
154

A court of equity cannot reform a deed of
settlement in every case where there is no
power of revocation reserved. Lee, v. Frick.
202

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A party in interest may use his books to re-
fresh his memory. He may use a book in
which is entered daily, from memorandums
taken, the items of charge and credit. His
A suit in equity will not be allowed, to en-books, and such a book, may be given in evi-
force satisfaction of a judgment until the credi-dence to corroborate his testimony.-Nichols v.
tor has exhausted his remedies by execution. Haynes.
Geery v. Geery.
394 A certificate of the acknowledgment of a
deed is a judidial act, and is conclusive of the
facts, except where there is fraud or duress.

As to what facts constitute grounds for relief
in cases coming under district heads of equit-Heeter, v. Glasgow.
able jurisprudence, see those titles: chiefly
CLOUD ON TITLE; FRAUD; INJUNCTION; IN-
SANE PERSONS; MORTGAGES; PARTNERSHIP;
SPECIFIC PERFORMANCE.

As to Pleadings in equity, see PLEADING.
As to Practice in equity, see PRACTICE.

ESCROW.

203

203

When a part of a conversation is given in
evidence by one party to a suit, the opposing
party may give the remainder in evidence.
Railway Passenger Assurance Co., v. Warner.

204

The declarations of a party to a conspiracy
are evidence though he came into the con-
spiracy after it was entered upon, and though
he was not a party in the action in which he
was called to testify.
Ib.

The rule stated in "Sheppard's Touchstone,"
that an escrow must be delivered to a stranger,
means only that it cannot be delivered to the When the motive of a witness is shown to
grantee or the party who is to have the bene-discredit him, it may be shown that the wit-
fit of the instrument.- Watkins v. Nash.
ness made declarations similar to his testimony
when the motive did not exist.
1b..

ESTOPPEL.

110

A creditor who leads the trustees of a deed
of trust, made for benefit of creditors, to be-
lieve that he acquiesced in the assignment, is
estopped from sueing the debtor.-Guiterman
V. Landis.

EVIDENCE.

183

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Unconditional evidence which excites sus-
picion and is consistent with a juror's knowl.
edge of the manner in which criminals accom-
Admissibility of expert evidence as to hand-plish their purpose, will support a conviction.
writing.--Roe v. Roe.
8 Hamilton, v. People.
420

Action to remove lien of mortgage. Judg. Where it appeared that plaintiff's testimony
ment may be offered in evidence on an issue, as to a contract and other matters was contra-
when not pleaded. Res adjudicata. Discre- dicted, and not acted upon by the referee as
tionary power of court below to grant an extra satisfactory evidence. Held, that it was to be in-
allowance, not appealable.-Krekeler v. Ritter.ferred that he rejected, as he had a right, a cer-
20 taiu memorandum as incorrect, and so was

VOL. I.-2.

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Letters of administration are conclusive evi-
dence of the authority of an administrator,
and a payment to him is protected, though the
alleged decedent was alive. Roderigas v. East
River Savings Inst.
553

An action brought against trustees of a cor-
poration to recover damages for failure to file
the annual report will not be revived against
the personal representatives of a deceased
trustee. Bank of California, v. Collins 248

Where a legatee is indebted to the estate in
a sum greater than his proportion of an
amount unaccounted for by the executors, he
will not be heard to compel an accounting
thereon, since he would not be benefited by it.
Estate of Tiernan.

560

FORCIBLE ENTRY AND DETAINER.
Forcing open a window in a vacant house
and refusing to give up possession is sufficient to
maintain action. Ainsworth, v. Barry.

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Where a person was induced by the false and
fraudulent representations of the directors and
officers of a corporation to take stock in the
corporation two years before its bankruptcy,
for which he gave in payment his note secured
by deed of trust on real estate, and during that
period made no inquiry as to the true condition
of the corporation, but suffered his note to be
held out to the public as an asset of the cor-
poration-the lapse is too long to allow of fraud
to be pleaded against the creditors of the cor-
A forcible entry and detainer cannot be justi-bankruptcy, in avoidance of the obligation ex-
poration, as represented by the assignee in
fied when the party has been dispossessed. pressed in the note.

Brown v. Cromien.

155

471

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An action for deceit cannot be maintained
upon a specific statement of the value of securi-
ties, when that value is not the true value.
Oberlander v. Spiers.
487

Merely loose, exaggerated, vague and indefin-
ite recommendations which a vendor is likely
to make concerning a patent right when he de-
sires to sell it; and so plainly so, that a person A right of action can no more arise out of a
in the use of ordinary care should not be de-fraudulent performance of the condition of a
ceived by them, are not actionable. Bishop v contract, than out of a fraudulent contract itself.
Small.
Fisher v. Saylor,
539

131

A false representation as to the price to be
paid for a piece of property is available to de-

Whilst a party is precluded by the acceptance
and use of material from showing that it was

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A crime committed against the United States
is not cognizable in a state court.

Habeas

347

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On an appeal from a determination to lay out
a highway, the referees are confined to the hear-
ing of the merits alone. People v. Harris 560

If the Commissioners acted without authority
the order is a mere nullity, which would be
vacated on a common law certiorari; or an
Ib
action of trespass would lie.

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In an action of contract against a husband
Corpus will be to discharge a prisoner con- for goods sold his wife, where the defendant
victed of such a crime in a state court. Brown admitted in his affidavit that the woman was
his wife and that she purchased the goods,
v. United States.
and that she was engaged in business and had a
Held, that
good defence to part of the claim.
unless more was shown the presumption was,
that he was liable for her contracts. Rosenheim
v. O'Brien

A final decree of the surrogate and proceed-
ings under it, which are not questioned, are
conclusive against a relator, who proceeds by
certiorari and habeas corpus, and a commit-
ment of the surrogate for a proper cause will
be sustained. People v. Donovan.

HIGHWAYS.

462

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INDICTMENT.

438

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