27. (a) What is a demonstrative legacy?

a gift causa mortis?

28. (Omitted.)

(b) What is

29. A testator, who at the date of his will had no children, by said will gave his entire estate to his wife, and the will also provided that he desired his wife to take the entire estate even though he should have children subsequently born to himself and wife. Four children were in fact born to the testator and wife subsequent to the date of the will. In whom did estate vest at death of testator, his wife and four children surviving?

30. Upon examination of title, if you should find that the land was conveyed in 1847 to husband and wife jointly, and you should further find that in 1853. a conveyance of the property by the wife was made, the deed reciting death of husband intestate, which recitals you ascertained to be true, how would you report on the latter conveyance?

31. State the effect at common law, and also at this date in Virginia, of a gift to A for life, with remainder to the heirs of his body.

32. Give definition of a contingent remainder and of an executory limitation, respectively, with an illustration of each.

33. A landlord who has leased a farm of $500 acres at a rental of $1,000.00 per annum, payable at the end of the year, forcibly takes possession during lease of 50 acres of the tract, which in point of value to the tenant was equivalent to about one-tenth of the value to him of the entire tract. After all the rent has become payable, the landlord has distress warrant levied upon the property of the tenant for the $1,000.00, and the tenant employs you to represent him, what would you do in order to get before the court your client's position and what recovery of the rent should be allowed?

34. An unlicensed agent of a non-resident sewing machine company solicited orders in this State, carrying with him a sample machine. A number of machines being sold in this way, the agent returned and made delivery of the machines to customers, the machines delivered being shipped him from the factory as needed for delivery. He was arrested for violation of peddlers' license law. What dedefense, if any, could he successfully interpose?

35. A promissory note, not negotiable, was executed as purchase price of horse. Contemporaneously therewith,

the seller of the horse gave to the maker of the note his written promise, under seal, that he would not sue in case of failure to pay note. Upon default in the payment of note, the payee (the seller) brought suit on uote. The maker of the note offered the contemporaneous writing in question as a defense. What effect should be given to the writing?

36. A corporation issued its stock, having a par value of one hundred dollars per share for fifty dollars per share, and gave certificates of stock, stating that the stock had been fully paid and was non-assessable. The company tecame heavily involved and its creditors filed a bill against the company and its stockholders, asking that the court require sufficient assessment to be made against stockholders to cover their claims. What further collection, if any, could be made against stockholders in behalf of the creditors?

37. A stage driver, without compensation, agrees to deliver to railroad station a barrel packed with valuable chinaware. As a result of careless driving the contents of the barrel was so broken as to be of no value. What would be proper action to test the driver's liability, and would the facts stated warrant recovery?

38. An infant sells a horse with warranty of soundness, taking bond for purchase price, and after becoming of age sues on the bond. The defendant asks for set-off against bond for breach of warranty. Should any set-off be allowed, assuming there has been breach of warranty?

39. A bridge upon a county road is defective and known so to be by the road official whose duty it is to keep it in repair, and as a result a valuable horse which is being driven over the bridge breaks its leg and has to be killed. The owner sues the county. Is the county liable and why? 40. An attorney employed in an important criminal case writes and has published in the newspapers articles relating to the case, for the purpose of influencing sentiment in the community in favor of his client. Did he, by so doing, violate any rule of law or of the profession?

SUBJECT-INDEX.

ABATEMENT.

See APPEAL AND ERROR, 2.

ACTIONS.

1. Without the consent of the debtor, an assignee of one-half of
a debt constituting a single cause of action cannot maintain an ac-
tion against the debtor to recover the amount assigned to him. 11.

2. Section 2460-a of the Code creates no new right of action.
Its effect is to provide that, the cause of action existing, certain
consequences shall be attributed to doing, or omitting to do, certain
things. In the case of a sale in bulk of a stock of merchandise,
which is forbidden by its terms, the suit must be by one who is a
creditor of the seller at the time of the sale. 653.

See ADMINISTRATORS, 1; CONSTITUTIONAL LAW, 1; DEMURRER, 1;
EQUITY, 11; INSURANCE, 1; JURISDICTION, 1; LIMITATIONS, 1;
PLEADING AND PRACTICE, 4; UNLAWFUL DETAINER, 1.

ADMINISTRATORS.

1. Where a will provided that after six months from the death
of the testator certain land should be sold by his executrix, the
latter is merely invested with a qualified power of sale, and one
appointed administrator only, as distinguished from administrator
with the will annexed, does not succeed even to the powers of
the executrix, if his appointment be valid for any purpose which
may well be questioned. In such a case the legal title to the land
devolves upon the heirs at law of the testator, subject to be de-
vested only by a lawful execution of the power of sale; and an
administrator so appointed has no right to maintain an action of
ejectment for the land. 200.

See APPEAL AND ERROR, 1.

ADVERSE POSSESSION.

1. It was error to give an instruction referring to adverse posses-
sion under claim of right when the only evidence upon which to
base the claim of possession was a deed to adjacent land, the de-
scription in which did not include the land in dispute. 391.

2. Wild and uncultivated lands cannot be made the subject of
adversary possession while they remain completely in a state of
nature. A change in their condition to some extent is essential.
To constitute adverse possession, acts done upon the land must be
such as to indicate and serve notice of an intention to appropriate
the land itself, and not the mere products of it, to the dominion and
ownership of the party entering that is, acts of permanent im-
provement. 391.

3. Where the evidence showed such acts of ownership by claim-
ant and her predecessors in title as the pasturing of cattle upon,
and cutting of grass from, the land in controversy, an instruction
with respect to the question of adverse possession had the tendency