464. What is a public place. Goss v. Cardell, 24
Alb. L. J. 457.

465. Oral contract of third person for land en-
forced against subsequent execution purchaser.
Kinyon v. Young, 44 Mich. 339.

466. Assignment to creditors of right to redemp-
tion-money carries right to land if not redeemed.
Porter v. Hanson, 36 Ark. 591.

467. Rights of purchaser in debtor's equitable
estate; Recording certificates of county bonds ;
Prior assignment by debtor. Maghee v. Robinson,
98 Ill. 458.

468. Right of execution purchaser to sue for in-
jury to freehold. Marquette, etc., R. R. v. Atkinson,
44 Mich. 166.

Sale of corporate property, 234; Partnership ef
fects, 1020; related topic, JUDICIAL SALE.
Executor; Administrator; Settlement of Estates;
Probate and Surrogate practice.

Civil action for Death, 346, 352; other related
topics, DEVISE; DESCENT; TRUST; WILL; SUR-
VIVAL OF ACTIONS.

Jurisdiction; Conflict of Laws.

469. Jurisdiction of probate as against other
courts of equity. Ferguson v. Carson, 9 Mo. App.

497.

470. No original jurisdiction in chancery to ad-
minister. Flash v. Gresham, 36 Ark. 529.

471. Foreign administration; assets collected by
agent of foreign attorney. Eames v. Hacon, 18 Ch.
D. 347.

472. Probate jurisdiction; foreign probate; re-
allowance. Dickinson v. Seaver, 44 Mich. 624.

Powers and Duties; Investments; Personal Liability.
473. Discretion to sell; implied by power to con-
vey. Hamilton v. Hamilton, 98 Ill. 254.

474. Executor must not assume correctness of
appraisers' valuation. Spaulding v. Wakefield's Est.,
24 Alb. L. J. 463.

475. Investment out of State; foreign mortgage
taken to save debt already contracted; position of
co-executors, who are also trustees; discretion in
foreclosing. Ormiston v. Olcott, 84 N. Y. 339.

476. Bonds left with another for safe-keeping and
misapplied. McCabe v. Fowler, 84 N. Y. 314.
477. Loan by executors without security; terms
of will. Denike v. Harris, 84 N. Y. 89.

482. Charging personally with costs in action for
account; interest on sums decreed. Dunford v.
Weaver, 84 N. Y. 445.

483. Surety on residuary legatee's executor's
bond cannot make him account. McElroy v. Hath-
eway, 44 Mich. 399.

484. Maladministration; sale of equity of re-
demption; application of proceeds to pay mortgage.
State v. Schleiffarth, 9 Mo. App. 431.

485. Personal liability to heirs on award. Pow-
ers v. Douglass, 24 Alb. L. J. 497.

486. Administrator's personal liability for claims
not paid. Palms' Appeal, 44 Mich. 637.

487. Claim of surviving executor against estate
of deceased executor. Fitzsimmons v. Cassell, 98

Ill. 332.

494. Granting administration more than twenty
years after death; property "coming to knowledge
of petitioner. Parsons v. Spaulding, 130 Mass. 83.
495. Allowance of claims; how far conclusive on
heirs. Goeppner v. Leitzelmann, 98 Ill. 409.
496. Chancery power to correct orders of probate
court. Jones v. Graham, 36 Ark. 383.

497. Equitable aid refused to creditor neglecting
statutory means. Winegar v. Newland, 44 Mich. 367.
498. Proceedings against unknown heirs; filing
affidavits; presumption in favor of jurisdiction.
Wenner v. Thornton, 98 Ill. 156.

499. Limited probate under power of appoint-
ment. Hughes, goods of, 7 L. R. Îr. 345.

500. Claim against estate not saved from bar by
creditor's action. Greaves, re, 18 Ch. D. 551.

501. Act for reviving judgments not applicable to
probate court allowances. Rose v. Thompson, 36

Ark. 254.

502. Probate judge not a "State officer." Secord
v. Foutch, 44 Mich. 89.

503. Sale of real estate at less than inventory val-
uation; minors' interest; rights of creditors. (Louis-
iana.) Hood's Succession, 12 Rep. 779.

504. Release by sister to brother of interest in
trust fund; expressed consideration of one dollar;
validity of release as a gift. Ham v. Van Orden, 84
N. Y. 257.

505. Recovering back payment of intestate's debt,
on estate proving insolvent. Flint v. Valpey, 130
Mass. 385.

506. Proof by secured creditor under English
Act. Williams v. Hopkins, 18 Ch. D. 370.

507. Bill by creditors of estate against widow.
Shelden v. Wallridge, 44 Mich. 251.

508. Commissions allowed on appeal, though not
put into account. Williams v. Cubage, 36 Ark. 307.
509. Costs in probate for printing, stenographer,
register and witnesses; re-taxation. Dickinson v.
Seaver, 44 Mich. 624.

Executory Devise; see DEVISE, 397.

Expert Testimony; see PHYSICIAN; also 316, 932.
Express Companies; express business by Railroad,
1079.

Extortion; see FALSE PRETENSES.

Extradition.

510. Surrender of fugitive charged with "theft"
in Connecticut; requisites of governor's warrant.
People v. Donohue, 84 N. Y. 438.

511. From Mexico to Texas, for theft; trial for
embezzlement; plea to jurisdiction sustained. Bland-
ford v. State, 10 Tex. App. 627.
Factor.

512. Cotton shipped to factor-proceeds to be
applied to notes; factor pledges; pledgee, having
notice, must apply in same way; pledge by delivery
of warehouse receipts. St. Louis Bank v. Ross, 9
Mo. App. 399.

See also, 1220; related topics, AGENCY; BROKER;
BILL OF LADING; SALE.

False Imprisonment.

522. Provision for landing passengers; child fall-
ing through guard of bridge. Loftus v. Union Ferry
Co., 84 N. Y. 455.

Fire Limits; see 897.

Fishery; Maryland Oyster Law, 412.

523. Pond leased for propagation of fish; public
right to fish in it; Massachusetts colony law. Comm,
v. Perley, 130 Mass. 469.
Fixture.

524. Bakehouse and oven erected by tenant, under
agreement with owner. Korbe v. Barbour, 130 Mass.

255.

525. Building on sills removable by lessee, taxa-
ble as realty. Milligan v. Drury, 130 Mass. 428.

526. Iron drill put into machine shop under ar-
rangement to hire; mortgage of shop by owner.
Southbridge Bank v. Stevens Co., 130 Mass. 547.

527. Portable furnace set on brick foundation on
mortgaged premises. Allen v. Mooney, 130 Mass.
155.

528. Iron table placed in glass factory by mort-
gagor; foreclosure; sale of premises; vendee not
affected by agreement between former owners.
Smith Co. v. Servin, 130 Mass. 511.

Between Landlord and Tenant, 700; question of
Mechanic's Lien, 826.

Forcible entry and detainer.

529. Action against mortgagor under Massachu-
setts statute, by purchaser at sale under power.
Warren v. James, 130 Mass. 540.

530. Summary proceedings; removal under Act
of "person in possession" after execution sale; who
is removable. People v. McAdam, 84 N. Y. 287.
Forgery.

531. Of Baltimore city stock; Maryland Act;
uttering; evidence of other like acts. Bishop v. State,
24 Alb. L. J. 519.

532. Proving deed forged; joint grantors; force
98 Ill. 78.

Related topics, ARREST; MALICIOUS PROSECUTION.
False Pretenses (as a criminal offense).

514. Defined; use of term "felony" in setting
forth offense. Johnson v. State, 36 Ark. 242.

515. Elements of the offense; fabricated mort-
gage. People v. Cline, 44 Mich. 290.

516. By threat to accuse of crime. Comm. v.
Philpot, 130 Mass. 59.

517. False pretenses of ability to pay; of being
owner of unincumbered land. State v. Hill (Maine),
24 Alb. L. J. 519.

518. Of jointly obtaining loan, not supported by
loan to one only. Comm. v. Pierce, 130 Mass. 31.

519. Verbal sale and no delivery; offense incom-
plete. Parker, ex p., 24 Alb. L. J. 459.

Related topics, FRAUD; CONSPIRACY; LARCENY.
As to False Representations, see FRAUD; in procur-
ing Insurance, see that title.

Fence.

520. Division fence; questions of evidence. Bit-
ter v. Saathoff, 98 Ill. 266.

Related topics, BOUNDARY; ADVERSE POSSESSION.
Ferry; ice cut up by ferry boat, 956.

521. Free ferries; power of county court to estab-
lish; rights of existing ferries. Howell, matter of,
36 Ark. 466.

533. Of land titles; deed executed out of State
by co-conspirator; jurisdiction; variance. Rogers,
ex p., 10 Tex. App. 655.

Of Checks, 127.

Former Conviction or Acquittal; see 278, 308.
Fraud or Deceit; this title relates only to civil pro-
ceedings; as to criminal, see FALSE PRETENSES.

Generally.

534. False representations inducing payment of
own debt. Brown v. Blunt, 12 Rep. 749.

535. Plaintiff induced to sell his property for
trifling sum; rule of damages. Clews v. Traer,
(Iowa, Dec. 15, 1881), 10 N. West. Rep. 838.

536. Unlettered person signing instrument; de-
ception as to contents. Trambly v. Ricard, 130
Mass. 259.

537. Right of action for fraud not assignable.
Dickinson v. Seaver, 44 Mich. 624.

538. Horse-trade; false warranty; declaration in
case. Carter v. Glass, 44 Mich. 154.

539. Getting credit on pretense of being a "store-
keeper." Higler v. People, 44 Mich. 299.

Fraud by partner, 1011, 1022; in Sale, see that
title; of Creditors by Garnishee, 568; as to Trust
funds, 1299.

Fraudulent Conveyances.

Generally.

540. Fraudulent assignment of chose in action;
assignment executed in another State. Drake v.
Rice, 130 Mass. 410.

541. "Actual and continued change of posses-
sion."
State v. Donnelly, 9 Mo. App. 519.

542. Buyer must have shared fraudulent intent.
Beurmann v. Van Buren, 44 Mich. 496.

543. Purchaser from insolvent need not regard
notice of intended garnishment. Fisher v. Hall, 44
Mich. 493.

544. Creditor's right to crops on land fraudu-
lently transferred. Fury v. Strohecker, 44 Mich.

559. "French pool" held within Gaming Act.
Comm. v. Simonds, 24 Alb. L. J. 502 (notes).

Horse-racing, 23; as to illegal contracts in
Stocks, see that title.

Garnishment or TRUSTEE PROCESS.

560. Trustee released where court of another
State had obtained prior jurisdiction. Garity v.
Gigie, 130 Mass. 184.

561. Garnishment unavailing of debtor's goods
sold at auction, though not yet delivered. Missouri
Bank v. Staley, 9 Mo. App. 146.

562. Not applicable to compel garnishee to pay
amount which he agreed to lend principal defendant.
Nellis v. Coleman (Pa.), 12 Rep. 797.

568. Collusion of garnishee with creditor. Smith
v. Dickson (lowa, Dec. 15, 1881), 10 N. West. Rep.
850.

569. Funds held by garnishee in fraud of cred-
itors. His exemption. Cummings v. Fearey, 44 Mich.

572. a. Action for meat sold and delivered; bur-
den of proof as to quality. Zoller v. Morse, 130 Mass.
267.

Grand Jury; see CRIMINAL LAW, 264.
Guaranty.

573. Acceptance of guaranty by party guaranteed;
when implied; notice. Davis v. Wells, 3 Morr. Trans.
129; 24 Alb. L. J. 496.

574. Guaranty indorsed on note; at what time it
takes effect. Baldwin v. Dow, 130 Mass. 416.

575. Continuing guaranty; notice to guarantor of
amount of his liability. Distinguished from surety-
ship. Singer Co. v. Littler (Iowa), 12 Rep. 777.
Related topics, SURETY; INDEMNITY.

Guardian and Ward.

576. Suit by ward on bond; guardian's annual
settlements not presumed correct. State v. Roeper,
9 Mo. App. 21.

577. Charging guardian with amount of bad in-
vestment. Kimball v. Perkins, 130 Mass. 141.

578. Neglect to invest surplus proceeds of sale of
ward; liability of sureties. Mackin v. Morse, 130
Mass. 439.

579. Guardian of spendthrift; cannot indorse
note. Filing of complaint. Lynch v. Dodge, 130
Mass. 458.

Guardian ad litem, 867; guardian's duty to edu-
cate, 995; of Insane ward, 615
Habeas Corpus.

581. From federal court; relator in custody of
State court; obtaining replevin writ by fraud.
Thompson, ex p., 1 Flippin, C. C. 507.

In Extradition proceedings, 510.

As ground of Divorce, 402.
Insolvency; see BANKRUPTCY.

178; in Mortgage, 875, 890.

Insurance (Fire).

Miscellaneous.

617. Loss payable to mortgagee; administrator
of insured may sue; limitation of time for suit;
delay. Westchester County v. Dodge, 44 Mich. 420.
618. Assignment of policy to creditor after loss;
judgment obtained in another State; judgment-
roll stating facts; he may sue here on judgment in
his own name. Green v. Republic Ins. Co., 84 N.

Y. 572.

619. Making out policy; agent's mistakes; re-
formation of policy. B. Franklin Ins. Co. v. Gillett
(55 Md. 215), 24 Alb. L. J. 518.

620. Back premium uncollected; not covered
by bond till received. Bali v. Watertown Co., 44
Mich. 137.

Representations; Conditions; Proof of Loss.

621. Applicant does not warrant absolute truth
of statement. Wilkins v. Germ. Ins. Co. (Iowa, Dec.
19, 1881), 10 N. West. Rep. 916.

622. False statement as to building avoids policy
as to goods in it. Etna Ins. Co. v. Resh, 44 Mich. 55.

623. Condition against other insurance; prior
voidable policy. Landers v. Watertown Ins. Co., 24
Alb. L. J. 535.

624. Averring performance of conditions. Perry
v. Phoenix Ass. Co. (U. S. C. C., R. I.), 24 Alb.
L. J. 519.

625. Sale under deed of trust subsequently given.
Comm. Un. Ass. Co. v. Scammon, 12 Rep. 745.
626. Claim repeated for want of verified state-
ment. Spooner v. Vermont Ins. Co. (Vt.), 12 Rep.

764.

627. Mistake in proofs of loss; evidence to cor-
rect. Waldeck v. Springfield Ins. Co., 12 Rep. 768.
Insurance (Life and Accident).

Accident Insurance.

628. Insured injured while standing on car plat-
form. (Notes.) Bon v. Railway Ass. Co., 24 Alb.
L. J. 443.

Life Insurance; Foreign Companies.

629. Penalty for doing business without license;
agent, not company, liable. State v. Chart. Oak
Co., 9 Mo. App. 364.

630. Action by resident executor on foreign pol-
icy issued to non-resident. Pulmer v. Phoenix Ins.
Co., 84 N. Y. 63.

Insurable Interest; Assignment.

631. Appointment to wife, who died first; hus-
band soon after; his kindred take. Expressman's
Aid Soc. v. Lewis, 9 Mo. App. 412.

632. Benefit of wife and children; grandchild
included. Hull v. Hull, 24 Alb. L. J. 497.

638. False answers written by agent; estoppel of
company. Mass. Mut. Co. v. Robinson, 98 Ill. 324.

639. Defense of untrue answers on application;
motion by company for bill of particulars; power
to order it under N. Y. Code. Dwight v. Germ.
Ins. Co., 84 N. Y. 493.

640. Sureties not liable for acts of assistant. Eq.
Ass. Co. v. Coats, 44 Mich. 260.

641. Surrender of policy, partly through mistake
of law, and partly agent's fraud; revival of policy.
Tabor v. Mich. Mut. Ins. Co., 44 Mich. 324.

642. Forfeiture for non-payment of installment;
insanity no excuse. Klein v. N. Y. Ins. Co. (U. S.
C. C.), 12 Rep. 737; 24 Alb. L. J. 511.

643. Time of paying premium; effect of mailing
money-letter; extension of time by agent. Palmer
v. Phoenix Ins. Co., 84 N. Y. 63.

644. Non-forfeitable policy; measure of sums due;
expert's opinions. Mut. Ins. Co. v. Bratt, 24 Alb.

L. J. 497.

645. Action to recover back premiums. Farrow
v. Cochran, 24 Alb. L. J. 538.

Miscellaneous.

646. Assignment of mortgage by company to
State superintendent; estoppel of mortgagor to set
up usury by representing mortgage valid; mort-
gagor's being a married woman makes no difference.
Smyth v. Monroe, 84 N. Y. 354.

Collusive interests between companies, 1130.
Insurance (Marine).

647. Promissory representations; seaworthiness;
repairs. Lunt v. Boston Ins. Co., 24 Alb. L. J. 479.
consignors; production of documents.
648. Subrogated action by underwriters against
Wilson v.

Raffalovich, 7 Q. B. 553.

Connected topic, Average.

Interest; on unclaimed Legacy, 398; collecting on
Execution sale, 451; when it begins to run on
Notes, 969.

Intermixture of Goods, 1176.

Internal Revenue; injury to collector by Negli-
gence of wharf-owner, 961.
Interpleader.

649. Practice in. Michigan Plaster Co. v. White,
44 Mich. 25.

650. To determine person entitled to funds; Mas-
sachusetts practice. Cobb v. Rice, 130 Mass. 231.
Intoxicating Liquors; see LIQUOR.

Issue; see DEVISE, 384.