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5. By such representation, cousins and senting to it with others, and will
more remote descendants of de- not be entitled to a divorce for a
1. If a husband sees what a reason-
able man could not see without
alarm, or if he knows that his wife
continence, or if he has himself se-
duced her before marriage, he is
called upon to exercise peculiar
vigilance and care over her, and if
he sees what a reasonable man
effort to avert the danger, he must
be supposed to see and mean the
5. He is not discharged from the ex-
ercise of such vigilance by the fact
of his having deserted his wife and
all his marital obligations for three
years, or his having obtained a di-
riage relation exists in this state,
so that he can complain of a viola-
tion of its obligations, he cannot
continence, when caution on his
part would have prevented it. 16.
6. Qurre. Whether desertion for three
years, under circumstances which
lated the marriage contract in its before the commencement of com-
who might be supposed willing to
leged paramour as to a wife's ante- tion in which it was possible to
61 for, unless they had that design, or
which could not well be explained
sents to adultery by his wife with
charged with adultery, and of thell height of the structure of the dam,
I. evidenced by the extent to which
the land of the owner of the ser-
ance on the part of the husband usually flowed during the period of
dam when in good repair and con-
dition, including such parts and
height in its ordinary action and
operation, fixes the extent of the
right to flow, without regard to
fluctuations in the flowage which
are due to accidental causes, such
as a want of the usual repairs, or
the variation in the quantity of
water in the stream in times of low
water or drought, or in the pond-
age of the dam by its being drawn
3. There may be such continuity of
use of flash boards as that they, in
structure, and by such user a right
to flow by means of a permanent
Ib. dam to the height of such boards
may be acquired, but the occasional
use of Hash boards for short periods,
tercourse with her husband does not
done, as an exception to the general
rule not to keep them on, does not
amount to the open, uninterrupted,
and notorious adverse use necessary
to establish a prescriptive right. Ib.
See PRACTICE, &
recrimination as a bar to divorce,
given as a security for the par.
ment of money, by or for the
held in equity that the grantee
took the premises subject to re-
demption. "Crane v. Decamp, 414
lands of another acquired by ad- See ASSIGNMENT FOR BENEFIT OF
CREDITORS, 1, 4.
dissolve the injunction, is not evi-
dence on the hearing of the cause.
163 petent when offered, his testimony
8. Upon a reference to examine and
report whether the interest of in-
fants requires and will be promoted
by a sale of their lands, the master
have his direct testimony read to from facts, not that of others, nor
9. The testimony of the father and
infants would promoted by a
acted on and hardly received. Ib.
may be sufficient proof of adultery has not the effect of evidence,
16.11. The affidavits to the bill and an-
swer are not evidence at the final
130 of a sufficient United States reve-
nue stamp, comes too late after such
complainant is not sufficient to ceived in the cause without opposi-
13. When the language of a written
a bill which prays for answer with- doubtful, evidence from without is
14. But such evidence can not be ad."
foreign witness, appended to an in- See EVIDENCE, 6, 11.
same effect to which it is entitled
there. Chew v. Brumagim, 520
16. There is no relaxation of the rules
of evidence with respect to affida-
See CHARTER, 5,
SPECIFIC PERFORMANCE, 21.
17. A promise to execute a deed or
cognizance of matters of fraud, and
have jurisdiction over instruments
LIMITATIONS, STATUTE OF, 1. them void on that account, even
though the fraud is such as might
be proved at law so as to avoid the
County Mutual Fire Ins, Co. r.
2. Fraud in this case held to be estab-
lished, but even if it was perpe-
trated without the complainant's
knowledg, yet there was clearly
such mistake as to entitle the de
fendant to relief in this court. Ber-
lands to execute a declaration of
Marshman v. Conklin, 546
MORTGAGE, 7, 8.
FRAUDS, STATUTE OF.
firm to trustees to secure bonds, pleadings and proofs on the ques-
, the case ad-
530 2. In such a proceeding it is not the
technical right of either parent
itors who have raised the issue by the primary motive of judicial
action will be the well-being of the
the bonds to their individual cred - 3. In the exercise of its legal discre-
Ib. tion, the court in this case gave
some of the children into the cus-
See Will, 9.
See JUDGMENT CREDITOR, 1, 3.
1. It is not a sufficient reason for the
in lands, that the property is so
much out of repair that it would
able repair than the income would
justify, when the property has been
in the actual possession of the life
tenants. If they have suffered it
to put it in as good repair as it was
when they entered upon it. In incl.
2. Upon an application far the sale of
infants' reversion in land, the only
as much now as it will at the death
of the life tenant? If it will not,
it is not for the interest of the in-
of the income from them, according
to the rules of this court. 16.
See SHERIFF'S SALE.
1. A stipulation in a lease of a quarry
of a horse shoe shape, and having
See APPELLATE JURISDICTION, 2.