Trespass; upon personal rights

618

327

759

765

Trusts; account of trustee; following trust
property

570

656

Priority of notes secured by

Power to administer public charity

Ne exeat; when granted; nature of writ 396
Negligence; damages for injuries caused

by: proximate and remote cause; instances 130
Dangerous premises

Contributory, to defeat action

Notice. See also LIS PENDENS.

Putting purchaser on inquiry

Officers; impeachment

Parent and child; obligation to support
infant child; emancipation

Partition. See IMPROVEMENTS.
Partnership; dissolution by death; provi-

sion for continuance; agreement that sur-
vivor take decedent's interest; surviving
partner; debts of; equitable rule as to
partnership assets; rights and remedies
of surviving partners; rights as to heirs
of decedent; bond required of surviving
partner

620
678

840

176

Creation of lien on trust estate
Vendor and purchaser; personal liability
for incumbrance assumed; enforcement
of vendor's lien

Voters and elections; right of voters to
be registered

Election contests

Waters and watercourses; pollution of 457
Riparian rights; upper and lower mill

613

788

Rights of surviving partner; accounting

owners
Navigable rivers; what are; test of; as
public highways; power of State over;
unlawful obstructions; action for dam-
ages

673

NOTES AND Briefs.

Abatement; not effected by pendency of suit
against joint trespasser.
272

ACCOUNTING. See PARTNERSHIP, 8, 9.

ACTION OR SUIT. See also INDIANS, 3;
NUISANCES, 6, 7; PAYMENT, 2; WATER
COMPANIES, 2.

1. The fact that distributees who have
received a portion of the estate of the decedent,
who contracted to procure covenantees to re-
lease a covenantor from his obligation, may be
called upon to contribute towards the damages
which may be recovered for the breach of such
contract, will not preclude them from exercis-
ing their right as covenantees to enforce the
covenant, where their liability will in no event
be coextensive with their claim, and there is no
means of determining what such liability will
be. Wood v. Bullard (Mass.)
304

2. Taxpayers may maintain suits against
town officers to prevent or remedy misapplica-
tion of town funds. Russell v. Tate (Ark.) 180
3. Heirs entitled to a third of certain lands.
who claim no more than that part, which is set
off by metes and bounds, may sue therefor
without joining other heirs, where the latter
have already received a conveyance of a part,
equivalent to their share. McQuerry v. Gilli-
land (Ky.)
454
4. The person in whom the legal title to
property is vested in trust for a married woman
is a necessary party to a bill seeking to charge
the property with the payment of money paid
to her. Prentiss v. Faisley (Fla.)
640

5. A railroad company, by appearing for
any other purpose than to object to jurisdic-
tion, submits itself to the jurisdiction of the
court, and waives an objection that the action
is brought in the wrong county, contrary to
Ohio Rev. Stat. § 5027. Ohio S. R. Co. v.
Morey (Ohio)
701

6. The word "trespass," in Texas statutes
allowing an action for trespass to be brought
in the county where it was committed, or where
the defendant has his domicil, includes actions
of trespass on the case. Hill v. Kimbell (Tex.)

618

7. A stockholder's liability to creditors for
failure to make and record the certificate of
payment of all the capital stock, as required
by the New York Act of 1875, is not penal, and

(N. Y.)

8. The mere pendency of a suit against the
lessee of a wharf, for injuries caused by its de-
fective condition, will not abate a subsequent
Bashe, v. Boyce (Md.)
suit against the owner of the wharf. State,
272

as partners in an action for damages for un-
9. The death of one of two physicians sued
skillful treatment, and the abatement of the
action as to him, does not abate it as to the sur-
vivor. Hess v. Lowrey (Ind.)
90

NOTES AND BRIEFS.

Application of doctrine of proximate cause
to actions arising ex delicto and ex contractu. 78
Contract by agent; who may sue on. 573
ADEMPTION. See WILLS, 11.
ADOPTION. See WILLS, 3.

ADVERSE POSSESSION.

1. The possession by a wife of land under a pa-
rol gift from her husband is not adverse to his
mortgagee while the husband resides with her
upon the land. Gafford v. Strouse (Ala.) 568
2. There is no adverse holding by the
grantee of land during the life of the grantor,
against the dower right of the grantor's wife,
who did not join in the conveyance; but it
is otherwise in the case of a disseisor who has
acquired title by adverse possession as against
the husband during his lifetime.
De Turk (Pa.)

Winters v.

658