ment of the mortgage and reconveyance of the
premises. Meek v. Chamberlain, 8 Q. B. D. 31.

1674. Wife's claim for dower, held barred by
judgment in partition suit, in which she was made
a defendant by virtue of her inchoate right; effect
of two separate claims for dower, one in whole estate
the other in an undivided portion. Jordan v. Van
Epps, 85 N. Y. 427.

1675. Separation under authority of court not an
act of desertion barring dower. Weld v. Weld, 27
Minn. 330.

1676. When equitable relief may be given against
action for dower; rights of widow of proprietor of
lands in East Jersey; custom against dower. Ocean
Beach Ass'n v. Brinley, 34 N. J. Eq. 438.
See also, WIDOW.

Draft; see NEGOTIABLE INSTRUMENT.
Drain; Municipal, 2214.

Drunkenness; 2208.

1679. The Connecticut Act providing for pay-
ment to the defendant of the value of his improve-
ments, declared valid, and enforced, by the United
States Circuit Court sitting in equity.
Griswold v.
Bragg, 18 Blatch. 202.

1680. State practice under Code has no applica-
tion to proceedings in Federal Court. Whalen v.
Sheridan, 18 Blatch. 308.

As to Forcible Entry and Detainer, see that title.
Election.

1681. Refusal to allow plaintiff to amend his com-
plaint so as to make the action an equitable one.
Carmichael v. Argard, 52 Wis. 607.

1682. Proof of title by plaintiff. Horning v.
Sweet, 27 Minn. 277.
Elections.

1683. Time of holding San Francisco city and
county elections; constitutional provisions con-
strued; power of legislature to provide for appoint- |
ment, instead of election, of county officers. Barton
v. Kalloch, 56 Cal. 95.

1684. Requisites of re-registration of voter, under
California Code. Cohen v. Harvey, 56 Cal. 70.

1685. Failure to number and string ballots, and
other irregularities, held insufficient to vitiate town
poll. Hodge v. Linn (100 Ill.), 25 Alb. L. J. 37.

1686. Devices on ballots; printers' dashes illegal.
Oglesby v. Sigman (note), (Miss.), 25 Alb. L. J. 62.
1687. Candidate receiving less than plurality of

votes not elected, though the highest candidate is
ineligible; petition for quo warranto refused to pri-
vate party without personal interest. Barnum v.
Gilman, 27 Minn. 466.

As to Naturalization, Quo Warranto and School
clections, see the titles indicated.

1688. Duties of Federal supervisors of election
defined; relation to State inspectors; registration
laws. Davenport, re, 18 Blatch. 336.

1689. Conviction of city police for obstructing
U. S. marshal in performance of duty. Un. States
V. Conway, 18 Blatch, 566.

1690. Refusal of State inspector to allow regis-
tration, in consequence of opinion of Federal super-
visor, who also refused to return certificate of nat-
uralization; the remedy in such a case is in the State
court, by mandamus, against the inspector.
Matter of, 9 Abb. N. C. 484.

Hilt,

1691. Duties of U. S. supervisor; mode of making
inquiries of voter; refusal to return naturalization
certificate. Davenport, Matter of, 9 Abb. N. C. 471.

1692. Federal officers must not delay an arrest of
one charged with illegal registry till election day;
threatening arrest is equally an offense under the
act. Spooner, Matter of, 9 Abb. N. C. 481.
Elevator; see WAREHOUSE.

Embezzlement; by County Treasurer, 2287.
Emblements; see CROPS.

Eminent Domain.

1693. What is a public use; condemnation for
canal and irrigation purposes. Cummings v. Peters,
56 Cal. 593.

1694. A water company held liable for diverting
stream from prescriptive water-course, though orig-
inally artificial. Reading v. Althouse, 93 Pa. St.

400.

As to land taken by Railroad, or Telegraph Com-
panies; for Municipal purposes; or from owners on
Navigable Waters, see the titles indicated.
Equity.

1695. Issue tried in equity not to be again tried
at law, although complainant is competent to tes-
tify in the second suit, but not in the first. Putnam
v. Clark, 34 N. J. Eq. 532.

1696. Restitution of valuable papers and power
of attorney decreed. Pattison v. Skillman (notes),
34 N. J. Eq. 344.

1697. Dismissal of bill for non-prosecution; not
to be retained to await result of action at law.
McFarlan v. Morris Canal Co., 34 N. J. Eq. 369.

1698. The proper mode of amending an answer;
interlining original answer improper. Morrill v.
Morrill, 53 Vt. 74.

See also, 1369, 1487, 1490, 1501, 1681, 1743,
1869, 2474, and specific titles.

Error.

1699. Reversal of judgment for plaintiff without
new venire; he is not estopped to sue again. Fries
v. Penn. R. R. (Pa.), 13 Rep. 91.

New Trials in Criminal cases, 1610; as to United
States practice, see JUDGES AND COURTS; other con-
nected topics, EXCEPTIONS; NEW TRIAL; APPEAL.

Estoppel; various instances; 1632, 1699, 1786,
1791, 1846, 1855, 1900, 1934, 1963, 2037, 2039,
2117, 2202, 2203, 2717.

Evidence; this topic is distributed under specific

titles; see especially, TRIAL; WITNESS, and in
Criminal cases, CRIMINAL LAW; as to Newly Dis-
covered evidence, see NEW TRIAL.

Exceptions.

1700. Refusal to sign bill where exceptions were
not taken during trial. The Havre, 18 Blatch. 319.
1701. Bill not properly in record; Wisconsin
practice. Wilson v. Morse, 52 Wis. 240.

1702. California practice as to record on appeal.
Pieper v. Centinela Co., 56 Cal. 173.

1703. Poverty not a good excuse for laches.
Whalen v. Sheridan, 18 Blatch. 324.

1704. Exceptions do not lie to tone and manner
of trial judge. Roundtree v. Gurr (Ga.), 25 Alb. L.
J. 56.

Connected topic, ERROR.

Execution; as to writ of Assistance; Attachment;
Creditor's Bill; Sheriffs or other officers, see those
titles.

1705. Issue may be ordered by plaintiff without
intervention of attorney. Jones v. Spears, 56 Cal.

163.

1706. Levy on personalty not necessarily a satis-
faction of judgment. Willis v. Jelineck, 27 Minn. 18.
1707. Objection to levy as indefinite. Gilson v.
Parkhurst, 53 Vt. 384.

1708. Inducing deputy, by false statements, to
levy at once, in disregard of usual arrangement
between deputy and sheriff, does not avoid the
effect of priority thus gained. Albrecht v. Long, 27
Minn. 81.

1709. Execution in favor of defendants for costs;
Irish practice. Lysaght v. M Grath, 7 L. R. Ir. 532.
Levy on seat in Broker's Board, 1503; on Crops,
1617; against Mortgaged property, 2149; Vendor's
Lien not affected by, 2714.

Exemptions.

1710. State exemption laws not applicable where
United States is plaintiff. United States v. Howell,
9 Fed. Rep. 674.

1711. Maryland Exemption Law construed;
property only exempt; not money from proceeds of
sale; selection. State v. Bouldin, 13 Rep. 78.

1712. Stock in trade defined; how far debtor is
estopped from claiming by disclaimer of title, etc.
Mc Abe v. Thompson, 27 Minn. 134.

1713. Merchant's stock in trade protected;
waiver by failure to make selection.
Wicker v.
Comstock, 52 Wis. 315.

1714. Exemption of animals used for team work.

Rowell v. Powell, 53 Vt. 302.

cer's conduct presumed legal. Atkinson v. Hires (43
N. J. Law), 25 Alb. L. J. 17.

1720. Purchase by judgment-creditor under
agreement with another creditor that latter should
not bid; how far fraud in law. Cram v. Rothermel
(Pa.), 38 Leg. Int., No. 50; 13 Rep. 125.

1721. Posting property; what is a "public place."
Goss v. Cardell, 53 Vt. 447.

1722. Equitable remedy not available to one
whose land is threatened with sale, under execution
against another. Sheldon v. Stokes, 34 N. J. Eq. 87.

1723. Intervention of equity to stay sale; in
what cases proper. Taylor's Appeal, 93 Pa. St. 21.
1724. Order of Probate Court for sale protects
purchaser, though will is afterward declared in-
valid; if purchaser has paid off mortgage, he must
be reimbursed. Davis v. Gaines (U. S. S. C.), 25
Alb. Law J. 54 (note).

Subsequent Proceedings.

1725. Right of plaintiff to leave goods after sale
in keeping of defendants without making them
subject to seizure by latter's creditors. Bisbing v.
Third Nat. Bank, 93 Pa. St. 79.

1726. Payment by sheriff out of proceeds of
sale, of rent due landlord; subsequent sale of de-
fendant's assignees in bankruptcy for the amount so
paid. McCarthy, re., 7 L. R. Ir. 473.

1727. Bond of indemnity to officer, assigned to
execution debtor, to satisfy judgment for wrongful
levy; debtor's right to sue upon it. Howe v. Freid-
heim, 27 Minn. 294.

Executor; and Administration generally, including
the Settlement of Estates, and Probate and Surro-
gate practice.

See also, DEVISE; other related topics, DESCENT;
GUARDIAN; PARTITION; WIDOW.

Jurisdiction; Foreign Proceedings.

1828. Administration of estate of non-resident
decedent; the chancellor may prescribe the time
within which creditors may present their demands.
The two years statutory limit does not affect the
right of foreign creditors to prove and demand
their debts, if assets remain in the hands of the per-
sonal representative. Gray's Executor v. Lewis (Ky.),
13 Rep. 108.

1729. Foreign administration; different executors
appointed here and in another State where there
were assets, this being directed by the will; the ex-
ecutor here should not be charged with the foreign
assets. Sherman v. Page, 85 N. Y. 123.

1730. Time of presenting demands; discretion of

1716. Buggy held a wagon." (Overruling the
preceding.) Allen v. Coates (Minn.), 11 North W.
Rep. 132.

1717. Exemption must be claimed with prompt-
ness. Morris v. Shafer, 93 Pa. St. 489.

Exemption of Homestead, see that title.

Supplementary Proceedings.

1718. Supplementary proceedings commenced be-
fore commissioner; power of Circuit Court limited
to review of his orders; it cannot transfer the pro-
ceedings into the Circuit Court. Clark v. Bergenthal,
52 Wis. 103.

The Execution Sale.

1719. Sale of chattels subject to mortgage; offi-
7

Lewis (Ky.), 13 Rep. 108.

1731. Equitable action against non-resident exec-
utor and his sureties; default in not accounting for
proceeds of real estate under will, distinguished from
trusteeship, and the executor held liable as such;
but to hold the sureties, the prior statutory steps
must be taken; special circumstances only can jus-
tify interference of a court of Equity; cases reviewed.
Hood v. Hood, 85 N. Y. 561.

1732. Administration granted in Rhode Island on
estate of absentee supposed to be dead; ancillary
letters granted in New York and bank deposit paid
over to administrator; the supposed decedent may
claim his property as taken without "due process of
law; New York statute and decisions reviewed.
Lavin v. Emigrant Bank, 18 Blatch. 1.

Al-

1738. Relation of removed executor to his suc-
cessor; duty of turning over effects at once.
dridge v. McClelland, 34 N. J. Eq. 237.

Powers and Duties; Executor as Trustee.
1739. Power given to executors to determine
whether son had used moneys received judiciously,
as a condition to his coming into full possession of
testator's estate; held that the estate vested in him,
subject to contingent defeat. Rock River Co. v.
Fish (Mich.), 13 Rep. 17.

1740. Construction of will directing executors to
allow testator's capital to remain in the business;
allowing costs out of estate in action brought by
executors for instructions. Dean v. Dean (Wis.), 11
North West. Rep. 239.

The same subject; Personal Liability.
1741. Liability of administrator for failure to
apply proceeds of land sold to pay debts.
Case, 34 N. J. Eq. 191.

Given's

1742. Not released from liability to co-executor
for money collected by giving mortgage which
proves worthless. Storms v. Quackenbush, 34 N. J.
Eq. 201.

1743. Compelling administrator to account and
pay legacies by bill in equity. Newman v. Warner,
34 N. J. Eq. 359.

1744. Indirect purchase by executors of testator's
estate, for their own benefit, set aside; case dis-
cussed where executors were also children, and tes-

tator contemplated that they should purchase.
Creveling v. Fritts, 34 N. J. Eq. 134.

1745. Claim by executor of gift to himself of stock
standing in testator's name; not a competent wit-
ness for himself. Smith v. Burnet, 34 N. J. Eq.

219.

1746. Liability for costs of executrix and legatee
giving bond to pay all debts. Cole v. Will, 52 Wis.

591.

1747. Duty to compound interest of trust fund;
liability for lending at simple interest to co-executor.
Perrine v. Petty, 34 N. J. Eq. 193.

1748. Inventory valuation not binding on co-
executor, who was not a party to making it. Shum-
way v. Graves, 13 N. Y. Week. Dig. 402.

1749. Executor paying legacies in U. S. bonds at
face value held liable for the premium at market

rates, though acting in good faith, and in accord-
ance with appraisal valuation; the rule as to lia-
bility in case of concealment of proceeds of trust
funds. Spaulding v. Wakefield's Estate, 53 Vt. 660.
Allowances to Executor.

1750. Compensation not allowed to executor ap-
pearing in person, though an attorney at law. Val-
entine's Estate, 9 Abb. N. C. 313.

1751. Allowances to executors, etc., under New
Jersey Act. Wolfe's Case, 34 N. J. Eq. 223.
1752. Allowances to executors; special case.
Luse v. Rarick, 34 N. J. Eq. 212.

Claim; Probate Practice generally.

1753. Allowance of indorsement as a contingent
claim. Curley v. Hand's Estate, 53 Vt. 524.

1754. Creditors not barred to present claims un-
til decree. Terhune v. White, 34 N. J. 98; Parker
v. Combs, id. 522.

1755. Application for extension of time allowed
for presentation of claims. Sleeper v. Gould's Estate,
53 Vt. 111.

1756. Acceptance by creditor of general dividend
when in fact entitled to preference; refusal of equit-
able relief on ground of laches. Miller v. Harrison,
34 N. J. Eq. 374.

1757. Action for services by nurse and house-
keeper of testator; how far declarations of plaintiff
are competent; question whether legacy was in sat-
isfaction. Fredenburgh v. Biddlecom, 85 N. Y. 196.

1758. Bill in equity by one loaning to adminis-
trator, to sequester assets of estate for payment; par-
ties; administrator without authority to pledge
assets for money borrowed. Merchants' Bank v.
Weeks, 53 Vt. 115.

1759. Purchaser's title under sale, by order of
probate court, not affected by the discovery and
admission to probate of a later will. Davis v.
Gaines, 3 Morr. Transc. 298.

1760. Prosecution of claim by administrator in
interest of heirs; waiver of objection to parties by
pleading general issue. Holdridge v. Holdridge's
Estate, 53 Vt. 546.

1761. Proceeding by executor to establish claim
against estate; reference held proper; costs; allow-
ances in lieu of costs; fees of referee. Kearney v.
McKeon, 85 N. Y. 136.

1762. Liability of real estate for debts. Dawson
v. Girard Trust Co., 27 Minn. 411.

1763. Executor not liable for funeral entertain-
ment; neighborhood custom notwithstanding.
Shaeffer v. Shaeffer, 54 Md. 679; 25 Alb. L. J. 44.
1764. Order to executor to sell land not appeala-
ble. Martin's Estate, 56 Col. 208.

Sale by executor, 1575.

1765. Reference of disputed claims under Ver-
mont Act; assumpsit on the award by heir against
administrator. Powers v. Douglass, 53 Vt. 471.

1766. Action by legatee against executor; former
decree in accounting by executor, held not binding
on infant legatees for want of service, notwithstand-
ing recital of service in the decree; assignees of
legacy must be made parties. Hood v. Hood, 85 N.
Y. 561.

1767. Settlement between distributees and cred-
itors failing to present claims properly, held binding
on court. Robbins v. Mylin, 34 N. J. Eq. 205.
1768. Verdict in probate proceedings as binding

Woodruff

1770. Exempt property of deceased not vested in
executor. Scott v. Cunningham (Tex.), 13 Rep. 93.
1771. Cancellation of mortgage by next of kin
set aside on administrator's application.
v. Mutschler (notes), 34 N. J. Eq. 33.
Expert Testimony; 1430, 2235, 2758.
Express Company; 1516, 2473; and see CARRIER.
Extradition.

1772. Under treaty with Great Britain; docu-
mentary evidence; form of authentication; juris-
diction of commissioner. Fowler, re, 18 Blatch.

430.

Between the States.

1773. Requisites of rendition warrant; charge of
statutory crime; charge by information. Hooper,
re, 52 Wis. 699.

False Imprisonment.

1774. Action against justice and town grand
juror; justice having issued a mittimus with costs,
after costs had been paid, and judgment being taken,
in violation of agreement for continuance; not main-
tainable. Ribling v. Clark, 53 Vt. 379.

1775. Time of limitation held to have expired,
plaintiff having been discharged from the illegal
imprisonment more than two years before, and after-
ward appeared voluntarily to avoid threatened re-
arrest upon revival of proceedings; whether mali-
cious prosecution would have lain, quære. Dusen-
bury v. Keiley, 85 N. Y. 383.

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

False Representations; see FRAUD.
Farm.

1776. Question whether an agreement to carry
on was one of mere hiring, or such as to give part
ownership. Porter v. Chandler, 27 Minn. 301.
Related topic, CROPS.

Forbearance.

1781. Agreement for extension; action on debt
barred meanwhile. Lyman v. Rasmussen, 27 Minn.
384.

1782. Promise by creditor to forbear proceedings
in bankruptcy. Ecker v. McAllister (54 Md.), 25
Alb. L. J. 16.

Forcible Entry and DETAINER.

1783. Minnesota Acts; jurisdiction of justice over
parties resident in city within his county; statutory
mode of appeals. Hoffman v. Parsons, 27 Minn. 236.
Related topic, EJECTMENT.

Forgery.

1784. Altering accountable receipt for money;
the obligation must be set out. State v. Riebe, 27
Minn. 315.

1785. Forgery of indorsement of bill of exchange;
omission of middle initial in description of name
immaterial. People v. Ferris, 56 Cal. 442.

1786. Indorser sued on forged note; proof of
paying or recognizing other forged notes has no
force against him; estoppel by acknowledging note
in suit as valid before it was taken; letter-press
copies not competent on issue of handwriting.
Cohen v. Teller, 93 Pa. St. 123.

Related topic, ALTERATION OF INSTRUMENTS.
Former Trial; see JUDGMENT; in Criminal Law,

1593.

Fraud, or Deceit.

Including False Representations (civil action), and
Fraud of Creditors; as to Criminal proceedings for
fraud, see FALSE PRETENSES.

In General.

1787. Inducing plaintiff to pay his own debt is
not actionable. Brown v. Blunt (72 Me.), 25 Alb.
L. J. 15.

1788. Cause of action in contract does not become
one of tort by complaint's alleging false representa-
tions. Sparmann v. Keim (notes), 9 Abb. N. C. 1.

1789. Right of action for fraud not conditional
on returning personal obligation given by defend-
ant. Dayton v. Monroe (Mich.), 13 Rep. 81.

1790. A simple preponderance of evidence suffi-
cient to establish fraud. Bullard v. Creditors, 56
Cal. 600.

1791. Innocent false statement held not to estop.
Sutton v. Wood, 27 Minn. 362.

1792. Evidence in special case. Sollund v. Johnson,
27 Minn. 455.

See also, 2027, 2263, 2703; as to Insurance and
Sale, see those titles.

Fraudulent Conveyances; Fraud of Creditors.
1793. Plaintiff seeking to set aside must first
have exhausted remedy at law. Genesee Bank v.
Mead, 13 N. Y. Week. Dig. 356.

1794. Fraudulent mortgage not to stand for any
part of the consideration. Heintze v. Bentley, 34
N. J. Eq. 562.

1795. Mortgage void if given with intent to delay
creditors, though for valid debt. David v. Birchard
(Wis.), 13 Rep. 128.

1796. Innocent mortgagee of fraudulent grantee
may acquire valid title by buying in outstanding
paramount right. Gjerness v. Mathews, 27 Minn. 320.

1797. Mortgage given for large sum when only a
small one was due; declared void on the facts;

validity of mortgage in good faith for future ad-
vances. Holt v. Creamer, 34 N. J. Eq. 181.

1798. Not set aside on suit of grantor; one claim-
ing for tort is a creditor as regards right of assail-
ing. Wier v. Day (Iowa), 25 Alb. L. J. 56.
1799. Conveyance set aside where plaintiff was
sick at the time of making it, and the consideration
was inadequate. Moore v. Moore, 56 Cal. 89.

1800. Injunction against cutting timber off land
conveyed discontinued, it appearing that the land
alone covered the creditor's claim. Portland Ass'n
v. Creamer, 34 N. J. Eq. 107.

1801. Question on special case whether chattel
mortgage was fraudulent. Solberg v. Peterson, 27
Minn. 431.

1802. Weight of evidence on special case. Camp-
bell v. Landberg, 27 Minn. 454.

Other cases, 1817, 1861, 1949, 2312; related
topics, BANKRUPTCY; CREDITOR'S BILL; MORTGAGE.

Luers v.

1804. Transfer to wife of property, in payment
for loan by her twenty years before.
Bruyes, 34 N. J. Eq. 19, 561.

1805. Conveyance to wife of land originally
bought with his money, but taken in husband's
name. City Bank v. Hamilton, 34 N. J. Eq. 158.

1806. Bill to set aside voluntary conveyance to
wife maintainable by remainder-man against trustee
of fund. Soden v. Soden, 34 N. J. Eq. 115.

1807. Voluntary conveyance by widower to chil-
dren just before marriage, not a fraud on second
wife. Hamilton v. Smith, 25 Alb. L. J. 57.

As to relation of Wife to Creditor, see also, HOME-
STEAD; MARRIAGE.
Game Laws.

1808. Vermont game laws; trespass maintainable
by owner of leased land. Parmenter v. Caswell, 53
Vt. 6.

Garnishment or Trustee Process.

1810. Removal of action against garnishee; Wis-
consin Act. Pratt v. Albright, 9 Fed. Rep. 634.
1811. Defendant cannot move for removal of pro-
ceedings for prejudice of judge. Garland v. McKit-
trick, 52 Wis. 261.

1812. Proceedings against garnishee in default.
Hibernia Society v. Superior Court, 56 Cal. 265.
1813. Garnishee may be compelled before issue
joined, to make his answer more definite. Lusk v.
Galloway, 52 Wis. 164.

1814. Payment of costs out of fund garnished;
discretion of court. Baker v. Lancashire Ins. Co.,

52 Wis. 193.

1815. Examination of garnishee; practice. Klau-
ber v. Wright, 52 Wis. 303.

1816. Want of formal order admitting claimant,
immaterial, if he has been treated as a party. Wil
liams v. Pomeroy, 27 Minn. 85.

1821. To bank, of such sum as principal should
borrow for business purposes; consideration need
not requiring notice; bank's rights not affected by
not be expressed; guaranty continuing and absolute,
its becoming National bank; limitations; joint lia-
bility renewable by one joint debtor as to himself.
City Nat. Bank v. Phelps (N. Y.), 13 Rep. 119.

1822. Implied acceptance of guaranty by party
Davis
guaranteed; waiver of demand and notice.
v. Wells (U. S. S. C.), 13 Rep. 1.

See also, 2002, 2125; as to Statute of Frauds,
see that title.

Guardian and Ward.

1823. Validity of appointment of guardian for
non-resident minor, as far as property within State
is concerned; notice; presumption of jurisdiction
of probate court; Minnesota Constitution and Acts
reviewed. Davis v. Hudson, 11 North W. Rep. 136.

1824. A bill of review in favor of minors brought
on the eldest attaining majority, was dismissed as
too late, the guardian having been a party to orig-
inal proceedings many years before; parties in pro-
ceedings in orphans' court against lands charged
with legacies. Littleton's Appeal, 93 Pa. St. 177.

1825. Ward entitled to foreclose mortgage given
to surety by guardian; doctrine of mere right of
subrogation disapproved. Morrill v. Morrill, 53 Vt.

74.

1826. Petition for appointment of guardian for
aged person; necessary allegations; verification must
appear on face of record; the person proceeded
against may defend. Royston's Appeal (Wis.), 11
North W. Rep. 36.

1827. Settlement of guardian's account in pro-
bate; subsequent proceedings against sureties on
the bond; cross-complaint alleging guardian's men-
tal incapacity; averments must be specific. Brod-
rib v. Brodrib, 56 Cal. 563.

1828. Charging guardian with annual interest;
allowance of expenses on appeal. Shaw v. Bates, 53
Vt. 360.

1829. Obligation of orphans' court, to grant ap-
plication of sureties, for relief from future acts of
guardian. Allen v. Sanders, 34 N. J. Eq. 203.

1830. Application of guardian ad litem for leave
to answer in foreclosure proceedings, he having no
notice of his appointment till after judgment.