forming the line between the lands of the parties can not be estimated
by the mere opinion of a witness.
Noah v. Angle, 425
3. Same-Time.-Evidence of Previous Tort.-Where, in such case, the tort
is alleged by the complaint to have been committed on a particular day,
evidence of similar torts, previously committed, is inadmissible. Ib.

4. Same.--Costs not Exceeding Damages.-Form of Motion.-Practice.-
The verdict in such case assessed the plaintiff's damages at one dollar,
whereupon the defendant moved the court "for a judgment for all the
costs in the case, except the sum of one dollar, against the plaintiff.”
Held, that the motion was properly overruled.

Held, also, that the proper motion in such case is, "that the plaintiff recover
no more costs than damages," etc.

TRIAL BY JURY.

See NEW TRIAL, 6.

UNCERTAINTY.

See CONVEYANCE, 1; PLEADING, 4.

USER.

See HIGHWAY, 10.

VENDOR'S LIEN.

1b.

Lands Conveyed to Purchaser's Wife.-Judgment.—Promissory Note.-The
vendor of a tract of land, at the request of the purchaser, conveyed part
thereof to the latter's wife and the residue to the purchaser, taking of
the latter, for an unpaid balance of the purchase-money, his promissory
note. Such note becoming due and remaining unpaid, the vendor obtained
personal judgment thereon against the purchaser, and, the latter having
died insolvent, the judgment plaintiff instituted an action to enforce a
vendor's lien against the whole of such tract of land, for the amount of
such judgment.

Held, on such facts, that the plaintiff is entitled to the lien sought.

VENUE, CHANGE OF

Humphrey v. Thorn, 296

See CRIMINAL LAW, 17, 37, 71.

VENIRE DE NOVO.

See CRIMINAL LAW, 26; PRACTICE, 18, 22.

VERDICT.

See CRIMINAL Law, 25, 26, 40, 42, 57; NEW TRIAL, 9; PRACTICE, 17 to
22; RAILROAD, 1; SUPREME COURT, 16.

VERIFICATION.
See CORPORATION, 8.

VIEWERS.

See HIGHWAY, 2, 10.

VOTER.

See TOWNSHIP TRUSTEE, 1.

WAGER.

See PREMIUM.
WAIVER.

See HIGHWAY, 2, 9; Partnership, 3; PRACTICE, 14; SUPREME COURT, 9, 17.

WATERCOURSE.
See TRESPASS, 2.

WATER-WORKS.

See CITY TREASURER, 4 to 14.

WEIGHT OF EVIDENCE.

See SUPREME COURT. 8. 11, 15; CAIN ". HANNA ET AL., 408. on page 411, of this
volume.
WIDOW.

See ESTOPPEL, 1; HUSBAND AND WIFE, 1 to 4, 6; MORTGAGE, 2; SPECIFIC

PERFORMANCE.

WITNESS.

See CRIMINAL LAW, 54, 55, 60; INSANE PERSON, 2; Mortgage, 9; New
TRIAL, 3; PARTNERSHIP, 1; PRACTICE, 8; TRESPASS, 2.

WORDS AND PHRASES.

See CITIES AND Towns, 12; CORPORATION, 5; CRIMINAL LAW, 53; Town-
SHIP TRUSTEE, 4.

END OF VOL. LXIII.

ERRATA.-In Stewart et al. v. Muse, 62 Ind. 385, in the second paragraph
of the syllabus, the words "by releasing the defendant "should read "by
releasing the mortgagor."

REPORTER.

345