1987. Provision of lease authorizing tenant to
remove buildings erected; question of implied re-
newal of lease, and of right of successor to original
tenant. Clarke v. Howland, 85 N. Y. 204.

1988. Lien of mortgagee for purchase-money of
tenant's furniture paramount to that of landlord.
Thorpe v. Fowler (Iowa), 11 North W. Rep. 3.
Larceny; and Receiving Stolen Goods; including
also, Robbery.

1989. Defined; allegations necessary. People v.
Nelson, 56 Cal. 77.

1990. Larceny on car moving from one county to
another; where indictable. Powell v. State, 52 Wis.
217.

1991. Instructing that juror need not surrender
his own convictions; held not obligatory; burden of
proof where alibi is set up. State v. Hamilton (Iowa),
11 North W. Rep. 5; State v. Krewsen, id. 7.

1992. General verdict of guilty on several counts.
Nelson v. State, 52 Wis. 534.

1993. Witness disqualified by conviction of petit
larceny. State v. James (15 S. C.), 13 Rep. 29.

1994. Charge of "larcy" bad. People v. St.
Clair, 56 Cal. 406.

2003. Last day of grace falling on Sunday;
statute runs from preceding Saturday. Morris v.
Richards (45 L. T. Rep. 210), 25 Alb. L. J. 53.

2004. Proof of payment by indorsement on note;
presumptions when handwriting is not proved.
Bailey v. Danforth, 53 Vt. 504.

2005. Against money due from husband to wife's
estate; runs from date of administration granted.
Marsteller v. Marsteller, 93 Pa. St. 350.

2006. Renewal of mortgage note not a renewal of
barred mortgage; vendor's lien waived by taking
mortgage. Wells v. Harter, 56 Cal. 342.

2007. Operation on wages payable monthly; part
of which accrued more than six years before. Butler
v. Kirby (Wis.), 25 Alb. L. J. 76.

2008. Against attorney's claim for services; time
dates from ending of suit. Noble v. Bellour, 53 Vt.

527.

2009. Debt not revived by part-payment from co-
debtor. Kallenbach v. Dickinson (100 Ill. 427, note),
25 Alb. L. J. 437.

2010. Compulsory payment by one joint debtor
on procurement of the other, removes bar of statute
as to the latter. Mc Connell v. Merrill, 53 Vt. 149.
For various other cases, see 1368, 1477, 1547,

State v. Daley, 53 Vt. 442.

1996. Evidence held to support conviction.
Clifton v. State, 52 Wis. 533.

1997. Recent possession of stolen property. Wil-
liams v. State (Tex.), 13 Rep. 93.

By Bailee, 1441; Constitutional punishment for,
1606; connected topic, CRIMINAL LAW.
Legacy; see DEVISE.

Legislature; related topics, STATUTES; CONSTITU-
TIONAL LAW; STATE; UNITED STATES; ELECTIONS.
Letter; evidence of contents of, 1999; as evidence
of Sale, 2604.

Lex Loci; see CONFLICT OF LAWS.
Libel and Slander.

1998. Competency of evidence of speaking same
words at previous time, for which action has already
been brought and settled. Flanders v. Groff, 13
N. Y. Week. Dig. 363.

1999. Interrogatories in chancery practice; how
far defendant in action for libel can be compelled

to state recollection of contents of letters written

by him but not in his possession. Dalrymple v.
Leslie, 8 Q. B. D. 5.

License; of Auctioneer, 2548; as to Patents, see
that title; to Street Railway, 2516; to enter on
Land, 2241.

Lien; of Attorney, 1432; on Crops, 1618; on Ves-
sels, see SHIPPING; of Vendor of land, see VENDOR
AND PURCHASER; as to Mechanic's Liens and Mort-
gages, see those titles.

Limitation of Actions.

2000. Action brought under domestic statute but
in another jurisdiction; rule of limitation prescribed
in the statute must be followed. Boyd v. Clark, 13
Rep. 40.

2001. Does not begin to run in case of loan on
demand until demand is made. Brown v. Brown
(Minn.), 11 North W. Rep. 64.

2002. Guaranty of note payable on demand;
barred in six years from delivery. Bartholomew v.
Seaman, 13 N. Y. Week. Dig. 320.

2011. Requisites of new promise reviving debt;
it must be unqualified. Pierce v. Seymour, 52 Wis.
272.

2012. Requisites of new promise; mortgage by
debtor to third person, in which the latter assumes
the mortgage, is not sufficient. Biddel v. Brizzolara,
56 Cal. 374.

2013. Removal of bar by new promise. Wesner
v. Stein (Pa.), 25 Alb. L. J. 18.
Liquor; including Civil Damage Acts.

2014. Offenses and penalties under Minnesota
Act discriminated. State v. Hyde, 27 Minn. 153.

2015. Village held exempt by its charter from
operation of the general liquor laws. State v.
Wheeler, 27 Minn. 76.

2016. Selling after town has voted against license;
internal revenue receipt not a defense. State v.
Funk, 27 Minn. 318.

2017. Ale and beer license; New York laws in-
terpreted; provisions as to observance of Sunday.
Mundy v. Excise Commissioners, 9 Abb. N. C. 117.

2018. Selling as agent for another; allegations;
Vermont Act. State v. Higgins, 53 Vt. 191.

2019. Appeal from justice's judgment on com-
plaint for selling liquors; jurisdiction in Circuit
Court though the judgment was void.
State v.
Haas, 52 Wis. 407; State v. Werner, id. 414.

2020. Power of the license collector of San Fran-
cisco to issue license dependent on consent of police
commissioners. Purdy v. Senton, 56 Cal. 133.

Illegal insurance of, 1885; Municipal penalty for
selling, 2161.

Lis Pendens; 2060.

Local Improvements by Municipal Corporations;
see that title.

Logs and Logging; see TIMBER; Lien on, 2061.
Lost Property; lost Deed, 1634.
Lottery; related topic, GAMING.
Lumber; see TIMBER.
Lunacy; see INSANE PERSON.

2024. Proceeding involving question of parties
entitled to vote at meetings of corporate academy;
the attorney-general not authorized to intervene.
Atty. - Gen. v. Albion Academy, 52 Wis. 469.

2025. To enforce levy of tax by city to pay bonds;
denied until plaintiff should establish his right at
law. State v. Mayor, etc., 52 Wis. 423.

2026. To compel State officers to accept bid.
State v. Reed, 27 Minn. 458.

Other cases, 1407, 1690, 2025, 2729.
Manslaughter; see MURDER.

Manufacturing Corporations; see CORPORATION.
Marriage; Wife as Administrator, 1734; Settle-
ment of Pauper wife, 2391; as a Party to Actions,
1978, 2306, 2335; loss of Wife's services, 2658;
see also, WIDOW; DOWER; HOMESTEAD.

Breach of Promise of Marriage.

2027. Action in tort for fraud, against married
man inducing unmarried woman to agree to marry
him, is maintainable. Pollock v. Sullivan, 53 Vt.

507.

The Marriage Ceremony or Contract.

2028. Contract to marry half-sister of mother,
made in Alabama with intention of solemnizing in
New York; unlawful, since prohibited in Alabama,
where parties were to reside. Campbell v. Crampton,
18 Blatch. 150.

2029. Concealment of unchastity before marriage
not a ground for declaring marriage void; decisions
reviewed. Varney v. Varney, 52 Wis. 120.

Related topic, BIGAMY.

2030. Decree of court of this State forbidding
husband to marry again; his marriage in a foreign
State nevertheless held valid here. Van Voorhis v.
Brintnall (N. Y.), 13 Rep. 84.

Ante-nuptial debts and contracts.

2031. Ante-nuptial contracts under Minnesota
laws; their obligation constitutionally secured
against subsequent legislation. Desnoyer v. Jordan,
27 Minn. 295.

2032. Husband not liable for rent on ante-nuptial
contract of wife. Biery v. Ziegler, 93 Pa. St. 367.
See also, 1857.

Relations of Husband and Wife to each other.
2033. Husband's administrator required to ac-
count to wife, for her jointure placed in his hands
for investment. Middaugh v. Trimmer, 34 N. J.
Eq. 82.

2034. Vermont Acts regulating rights of husband
in estate of deceased wife, construed. Harrington
v. Harrington's Estate, 53 Vt. 649.

2035. Marriage settlement by husband and wife;
trust in favor of next of kin non-revocable. Paul v.
Paul, 19 Ch. D. 47.

As to Homestead, Insurance and Divorce (in-
cluding Voluntary Separation), see the titles indi-
cated.

Relations to Creditors and Others; Wife's Separate
Estate.

2036. Husband sued by servant for services to
wife after separation. Condon v. Callahan, 9 Abb.

N. C. 407.

2037. Estoppel of husband procuring wife's sig-
nature to mortgage, to set up her incapacity. Hill
v. Hill, 53 Vt. 578.

2038. Conveyance to wife of land purchased by
husband subject to mortgage, and also to a restric-
tion on use of windows, ete.; she will not be al-
lowed in equity to relieve herself from the restric-
tion, by becoming the purchaser at a foreclosure sale
procured by her. Rector of Christ's Church v. Mack,
13 N. Week. Dig. 397.

2039. Wife joining in husband's deed, not
estopped to assert after-acquired title. Thompson v.
Merrill, 13 Rep. 108.

2040. Wife purchasing groceries on her own
credit for use of family, husband included, is per-
sonally liable; New York Acts examined; debts
contracted as husband's agent; her rights in his life-
policy, under clause making it payable to her if she
survives him. Tiemeyer v. Turnquist, 85 N. Y. 516.

2041. Note for husband's debt; Georgia Act.
March v. Clark, 9 Feb. Rep. 753.

2042. Defense by administrator of wife, against
obligation given by her for husband's debts. Chaffe
v. Oliver (La.), 13 Rep. 77.

2043. Common-law right of wife to her own earn-
ings as against husband's creditors; maintained in
New Jersey, where husband had relinquished his
right. Tresch v. Wirtz, 34 N. J. Eq. 124.

2044. Validity of wife's mortgage of separate es-
tate to obtain loan for husband, or secure his debt.
Ferdon v. Miller (notes), 34 N. J. Eq. 10, 531; id.
73.

2045. Equitable right of wife, to land purchased
by husband with money received in her right prior
to 1848; held sufficient to sustain mortgage to her
more than thirty years afterward. Syracuse Plow Co.
v. Wing, 85 N. Y. 421.

2046. Mortgage given by wife to creditor of hus-
band's firm, in pursuance of agreement for exten-
sion; consideration held on the facts, not a past one;
question whether payments by firm should be ap-
plied in reduction of mortgage debt, or on open
account; subsequent release by creditor, of the firm
on receiving guaranty from wife; question as to de-
mand on her; in foreclosure action, judgment
against her for deficiency affirmed. Penn. Coal Co.
v. Blake, 85 N. Y. 226.

2047. Joining with husband in notes for advances
to him; liability of separate estate. Devitt v. Faus-
sett, 7 L. R. Ir. 511.

2048. Defense of undue influence by husband;
weight of evidence; wife's unsupported testimony
in general not sufficient. Smith v. Allis, 52 Wis.

337.

2078. Agreement that A. should purchase land
and hold it as security until B. had repaid in labor
the money advanced. Starks v. Redfield, 52 Wis.
349.

2079. Mortgage of interest in corporate lands not
a lien on lands which mortgagor has contracted to
convey to company. Parsons v. Lent, 34 N. J. Eq. 67.
2080. Power of equity to decree specific perform-
ance of parol contract to mortgage after it has been
acted on. Dean v. Anderson (notes), 34 N. J. Eq.

496.

2081. New York Act declaring that no mortgage
shall be construed as implying a covenant for pay-
ment of money, interpreted. Demond v. Crary, 9
Fed. Rep. 750.

2082. Refusal to reform a mortgage where the
change would affect interests of creditors. Tabor v.
Cilley, 53 Vt. 487.

Assignment by either Party; Merger.

2083. Mortgage assigned with note which it se-
cures; carries only rights of mortgagee himself.
Butler v. Slocomb, 13 Rep. 74.

2084. Setting up equities against assignee; mort-
gagor and his assignee estopped by suffering errone-
ous release to remain unreformed. Woodruff v.
Morristown Inst., 34 N. J. Eq. 174.

2085. Agreement of mortgagee to assign pro tanto
to stranger paying part of debt, held enforceable
against second mortgagee. Shreve v. Hankinson,
34 N. J. Eq. 76.

2086. Transfer of mortgage as financial accommo-
dation; right of taker to assign. Wood v. Condit,
34 N. J. Eq. 434.

2087. Question whether assignment of mortgage
at request of mortgagor discharged it. Hall v. South-
wick, 27 Minn. 234.

2088. Assignment by one paying off mortgage;
question if mortgage remained alive.
Coles v. Ap-
pleby, 13 N. Y. Week. Dig. 345.

2089. Assignment of mortgage on wife's lands to
her trustee, held on the facts no merger. Denzler v.
O'Keefe, 34 N. J. Eq. 361.

vendee to pay mortgage assumed; complaint dis-
missed. Slauson v. Watkins (N. Y.), 25 Alb. L. J. 72.
2098. Undertaking as a part of price to pay mort-
gage; vendor's lien; special facts. Lake v. Tebbetts,
56 Cal. 481.

2099. Mode of enforcing liability for deficiency
against grantee assuming mortgage; New Jersey
Act prohibiting decree for deficiency in foreclosure
suit. Allen v. Allen, 34 N. J. Eq. 493.

2100. Covenant by transferee of equity against
personal judgment being obtained against assignor
on foreclosure; question of alleging actual damage.
Banfield v. Marks, 56 Cal. 185.

2101. Promise of third person to refund to mort-
gagee taxes paid; the latter, after letting estate be
sold for taxes, and buying himself, cannot recover
subsequent taxes. Home Sav. Bank v. Mackintosh
(Mass.), 13 Rep. 79.

See also, 2012.

Priority between Mortgages; Judgment Liens.
2102. Mortgage equitably second though recorded
first; assignee informed that it is in part second,
except so far as informed, may assert the record.
Burnett v. Vredenburgh, 34 N. J. Eq. 252.

2103. Equitable adjustment between mortgagees
where the first had surrendered his mortgage in ex-
change for conveyance of fee by the mortgagor, and
in ignorance of the second. Brooks v. Rice, 56 Cal. 428.

2104. Two purchase-money mortgages held con-
current liens, though not due at same time. Collerd
v. Huson (note), 34 N. J. Eq. 38.

2105. Priority between mortgages on same estate
given at the same time for purchase-money. Granger
v. Crouch, 13 N. Y. Week. Dig. 392.

2106. Right of mortgagee to release part of prop-
erty as against subsequent incumbrancer; notice by
latter. McIlvaine v. Mut. Ass. Co., 93 Pa. St. 30.

2107. Equitable priority; abandonment of old
mortgage by taking new. St. Albans Trust Co. v.
Farrar, 53 Vt. 542.

2108. Mortgage not subject to prior mortgage
made before mortgagor acquired record title; effect
of possession as notice. Bingham v. Kirkland, 34
N. J. Eq. 229.

2109. Trust deed given for future advances;
departure from terms of deed in making the ad-
vances; rights of subsequent mortgagee with notice
of deed. Jones' Ex'rs v. State Banking Co., 34 N. J.
Eq. 543.

2110. The general rule, that, in case of successive
mortgages, the sale should be in the inverse order
of alienation, equitably applied. Bernhardt v. Lym-
burner, 85 N. Y. 172.

2111. Order of sale, where premises subject to
several mortgages had been in part condemned for
railroad location. Foster v. Union Bank, 34 N. J.
Eq. 48.

2112. Foreclosure and redemption where there
are several earlier and later mortgages; English
practice. Elton v. Curteis, 19 Ch. D. 49.

2113. Mortgage to secure existing and future in-
dorsements; preferred to subsequent judgments
against mortgagor, though docketed before some of
the indorsements. Ackerman v. Hunsicker, 85 N. Y.
43.

Usury as a Defense.

2114. Bond and mortgage not avoided by agree-
ment of third person to pay a bonus for the loan

without knowledge of mortgagor. Mad. University
v. White, 13 N. Y. Week. Dig. 304.

2115. Defense of usury. Naar v. Union Land Co.,
34 N. J. Eq. 111.

2116. Usury as a defense; mortgage given for
consideration based on amount of usurious loan.
Connaughty v. Newton, 13 N. Y. Week. Dig. 298.

2117. Assignee for value of the mortgage, who
took it in reliance on the mortgagor's written state-
ment, at the time of executing the mortgage, that
the lien was valid against him for its full amount,
cannot be met by mortgagor, in an action to fore-
close, with the defense of usury. It makes no dif-
ference that plaintiff was a second assignee, and that
the first assignee could not claim the estoppel.
Weyh v. Boylan, 85 N. Y. 394.

2118. Second mortgagee cannot question judg-
ment, on the ground of usury, unless there has been
fraudulent collusion. Lennig's Appeal, 93 Pa. St.
301.

2119. Payment of usurious interest on old note
and mortgage, may be deducted on foreclosure of
new mortgage. Cross v. Mann, 53 Vt. 501.

See also, USURY.
Foreclosure.

2120. Original mortgagor who has conveyed his
equity, not a proper party, unless personal judgment
is sought. Miner v. Smith, 53 Vt. 551.

2121. Power of receiver appointed pending fore-
closure of mortgage on farm, to let premises. Shreve
v. Hankinson (notes), 34 N. J. Eq. 413.

2122. What state of things justifies appointment
of receiver to take charge of premises. Morris v.
Branchand, 52 Wis. 187.

2123. Action to foreclose mortgage of deceased
mortgagor; omission to present claim to mortgagor;
Act of 1874 repealing right to foreclose without
previous presentation, not retroactive. Hibernia
Society v. Hayes, 56 Cal. 297.

2124. Default in filing statutory affidavit, not
operative to defeat rights obtained under sale made
before default; validity of mortgage on after-ac-
quired property manufactured by mortgagor from
raw material, Frank v. Playter (Mo.), 13 Rep. 19.

2125. As against guarantor costs of foreclosure
are deductible from price realized; guarantor held
liable, though value of premises had depreciated
through delay of holder. Hurd v. Callahan, 9 Abb.
N. C. 374.

2126. Sale for installment exhausts the mortgage
lien; unless annulled by owner redeeming; in that
case it stands good for other installments. Standish
v. Vosberg, 27 Minn. 175.

2127. Mortgagee not entitled to foreclose a sec-
ond time for taxes and insurance paid after first
sale. Walton v. Hollywood (Mich.), 11 North W.
Rep. 209.

2128. Decrease for deficiency; effect of New Jer-
sey Act of 1880 concerning foreclosure proceedings.
Naar v. Union Land Co., 34 N. J. Eq. 111.

2129. Right of mortgagee purchasing at foreclos-
ure sale, to growing crops. Ledyard v. Phillips
(Mich.), 11 North W. Rep. 170.

See also, 1439, 1830, 1942.

2130. Purchaser's title protected, where the
mortgage had in fact been paid, but not discharged
of record. Merchant v. Woods, 27 Minn. 396.

2134. Minnesota Act changing rate of interest to
be paid on redemption, held unconstitutional as to
prior contracts. Hallibert v. Porter, 11 North W.
Rep. 84.

2135. Bill to redeem, and for discovery of true
holder; where mortgagee refuses to state; tender
to mortgagee. Fritz v. Simpson, 34 N. J. Eq. 436.

2136. Redemption by judgment creditor; the
judgment lien sufficient if upon an undivided in-
terest; clerical error in assignment immaterial;
filing notice of intention to redeem; redemption
from deputy-sheriff; effect of certificate of redemp-
tion as evidence. Willis v. Jelineck, 27 Minn. 18.
Setting Aside Proceedings; Re-sale.

2137. Order for re-sale where price was inade-
quate and other reasons existed. Mutual Ben. Ins.
Co. v. Gould, 34 N. J. Eq. 417.

2138. Appeal from so-called "final decree;" does
not bring up errors in judgment directing sale;
decree may vest title in any one named by pur-
chaser. Dodge v. Allis, 27 Minn. 376.

2139. Surplus funds in court; distribution
among creditors; opening proceedings to give
creditor not notified an opportunity to be heard.
Germ. Sav. Bank v. Shares, 13 N. Y. Week. Dig.
404.

2140. Setting aside sale; right of mortgagor to
apply after assigning for creditors; failure of mort-
gagee to resort to principal security for debt imma-
terial. Delaware, etc., R. R. v. Scranton, 34 N. J.
Eq. 429.

Chattel Mortgages.

2141. Burden of proof as to notice; notice not
presumed where mortgage is not filed. Rogers v.
Pierce (Neb.), 25 Alb. L. J. 75.

2142. Indictment for selling mortgaged chattels
with intent to defraud; the guilty intent an essen-
tial element. State v. Ruhnke, 27 Minn. 309.

2143. Mortgagee's right to take possession and
sell, is a contract right, and not to be impaired by
later legislation. Boice v. Boice, 27 Minn. 371.

2144. Mortgage to secure prior loans; lien not
affected by giving new mortgage in exchange for
old; though judgments have been docketed between
the time of giving up the old and taking the new
mortgage. Walker v. Henry, 85 N. Y. 130.

2145. Rights of mortgagor after condition
broken. Gimble v. Ferguson (Iowa), 13 Rep. 108.

2146. Void as not properly acknowledged; prop-
erty assets in hands of executor of deceased mort-
gagor. Becker v. Anderson (Neb.), 25 Alb. L. J. 75.

2147. Record invalid unless made within time
required by statute. Bugbee v. Stevens, 53 Vt. 389.

2148. Action against officer for wrongful seizure
of mortgaged property; amount of mortgage debt
the true measure of damages. Wood v. Franks,
56 Cal. 217.

2149. Seizure and sale on execution of goods in