WATER, non-navigable streams, dams, right of land owner to erect

over, 709.

non-navigable streams, obstructing flow of by bridges, 708,

ponds, draining of to the lands of another, 732.

power to which riparian owner is entitled, 711. reasonable use of, what constitutes, 713. reservoirs, detaining for the purpose of filling, 714.

surface, accelerating flow of, 726.

Burface, changing the direction of the flow of, 729.

surface, collecting and discharging in enlarged quantities on the lands of another, 730.

surface, collecting into one body or stream and discharging on the lands of another, 722.

surface, civil-law rule respecting obstruction of, 720.

surface, civil-law rules respecting, states in which prevail, 720. surface, city lots, rights of owners of to divert, 723.

surface deemed a common enemy by the common law, 716. surface, diverting flow of for the purposes of husbandry, 722. surface, draining into natural channels, 733, 734.

surface, embankments, obstruction of by, when creates a liability, 720.

surface, filling up sag holes and pools on one's own land, 730. surface, flowing into natural depressions, right to obstruct, 719. surface, land owner had a right to obstruct flow of, at the common law, 716.

surface, municipal corporations, right of to obstruct flow of, 718, 719.

surface, obstructing flow of, states recognizing land owner' right to, 716-718.

surface, obstruction of so as to create a nuisance, 720.

surface, obstruction of, statutes modifying the common and civil law rules concerning, 724.

surface, railway corporations, right of to obstruct flow of, 718, 723.

surface, reasonable obstruction of, statutes permitting, 724. surface, right to retain on one's own land, 725.

surface, servitude to flood land and receive flow of, 720, 724. surface, servitude to receive must not be made more burdensome, 727, 728.

surface turned upon the land of another where it did not nat. urally flow, 727.

surface, watercourses spreading over the country do not become, 719.

INDEX.

'ABATEMENT OF ACTIONS.

1. THE RULE THAT A PERSONAL ACTION DIES WITH THE PERSON does not extend to the civil death either of persons or corporations. (Shayne v. Evening Post Pub. Co., 654.)

2. CAUSE OF ACTION, SURVIVORSHIP OF.-A cause of action for libel against a corporation survives its dissolution, and may, therefore, be prosecuted against its trustees. (Shayne v. Even. ing Post Pub. Co., 654.)

3. NOTWITHSTANDING THE DISSOLUTION OF A CORPORATION, an action may be maintained upon a cause of action against it, whether founded on a wrong or otherwise. The commonlaw rule to the contrary, if adopted by the New York constitution of 1777, has since become obsolete. (Shayne v. Evening Post Pub. Co., 654)

ABSTRACT OF TITLE.
See Evidence, 11.

ACCOMMODATION PAPER.

See Negotiable Instruments. 4-6.

ACCOMPLICE.

CRIMINAL LAW.-UNCORROBORATED TESTIMONY OF AN ACCOMPLICE is sufficient to convict a person of crime. (Kelly V. People, 323.)

ACCOUNTING.

ACCOUNTING.-IF A NEWSPAPER COMPANY agrees to examine a plan to increase its advertising business, and, if it should make use thereof, to pay the originator a percentage on the receipts for advertising during certain periods, the proper form of action to enforce liability for such use is for an accounting. (Taylor v. Times Newspaper Co., 473.)

ACKNOWLEDGMENTS.

See Deeds, 2; Homesteads, 1.

ACTIONS.

Bee Abatement; Limitation of Actions, 2; Parties.

ADMINISTRATORS.

See Executors and Administratora.

Am. St. Rep., Vol. LXXXV-63

ADOPTION.

1. ADOPTION.-AN ORAL CONTRACT for the adoption of a child, if fully performed by all of the parties, is valid, and not within the statute of frauds. (Lynn v. Hockaday, 480.)

2. ADOPTION-CONSIDERATION.-The fact that an adopted child takes the place of a daughter in the lives and home of her adopted parents is a sufficient consideration to support the contract of adoption. (Lynn v. Hockaday, 480.)

ADVERSE POSSESSION.

1. ADVERSE POSSESSION MUST BE EXCLUSIVE and, therefore, two persons cannot hold the same property adversely to each other at the same time. (Stiff v. Cobb, 38.)

2.

ADVERSE POSSESSION.-HUSBAND AND WIFE cannot hold adversely to each other while residing together on the same tract of land. (Stiff v. Cobb, 38.)

3. ADVERSE POSSESSION—WIDOW-HEIR.-The possession of a widow, either in her dower or quarantine right, is in subordination to the title of the heir, and, however long continued, no hostile claim of ownership can make it adverse to him. (Stiff v. Cobb, 38.)

4. ADVERSE POSSESSION-INTENT.-Possession, to be adverse, must be accompanied by an intent to claim ownership in the property held. (Stiff v. Cobb, 38.)

5. ADVERSE POSSESSION. EVIDENCE as to who paid the purchase money for land is competent, as tending to show an intent on the part of the person paying it to claim the land as his own during his possession thereof. (Stiff v. Cobb, 38.)

6. ADVERSE POSSESSION-EVIDENCE-PRIOR CONVEYANCES.-Under a claim of adverse possession perfected by the vendor, evidence that prior to the conveyance by him he had conveyed other portions of the same tract and had executed a prior mortgage on the lot in suit, together with such conveyances and mortgage, are admissible, as tending to show a claim of ownership of the property. (Stiff v. Cobb, 38.)

7. ADVERSE POSSESSION-EVIDENCE-MANNER OF POSSESSION.-Under a claim of adverse possession it is permissible to prove how or the manner in which the person in possession held or occupied the property. Such inquiry calls for a descriptive fact, rather than for a conclusion as to the claim of adverse possession. (Stiff v. Cobb, 38.)

8. ADVERSE POSSESSION.-POSSESSION OF THE HOMESTEAD BY A WIDOW under her right of quarantine after the death of her first husband, and the subsequent possession of herself and her second husband, without a conveyance, is permissive, and not adverse to the heirs of the deceased, unless there is a denial of their rights by declarations, or hostile acts of which they have notice, or which are so notorious and openly exclusive as to afford a basis for imputing to the heirs knowledge of her husband's adverse possession. (Johnson v. Oldham, 30.)

9. ADVERSE POSSESSION AGAINST HEIRS BY SECOND HUSBAND.-If the second husband of a widow, while occupying with her the premises of her former deceased husband under her right of quarantine, purchases such premises at administrator's sale following proceedings in which the estate of the decedent is

declared insolvent, without receiving a conveyance, this does not
afford implication of notice to the heirs of the decedent of any
hostile claim, or adverse possession, by such purchaser. (Johnson
v. Oldham, 30.)

10. LIMITATION OF ACTIONS-REVERSION.-The statute of
limitations does not begin to run against a reversioner until the
death of the life tenant. (Reed v. Lowe, 578.)

11. COTENANCY-ADVERSE POSSESSION.-If a stranger goes
into possession of land under a recorded deed from a cotenant pur-
porting to convey an absolute and exclusive title to the entire in-
terest in the land, this constitutes an ouster of the other cotenants
not laboring under any disability, and the grantee's possession
may be adverse as to them from the time of its commencement.
(Sudduth v. Sumeral, 883.)

1.

ALTERATION OF INSTRUMENTS.

APPEAL-PRESUMPTION.-On the admission of a note
in evidence by the lower court, the presumption is that there
were no alterations in it requiring explanation, and in the absence
of the original note it cannot be determined by the superior court
whether or not such admission was an error. (Merritt v. Boyden,
246.)

2. EVIDENCE OF THE ALTERATION OF OTHER NOTES
of same party is rightly refused where it is not claimed that the
holder of an altered note ever held or was aware of any such
other notes. (Merritt v. Boyden, 246.)

See Negotiable Instruments, 10-17.

APPEAL AND ERROR.

1. APPEAL-LAW OF THE CASE.-A decision which simply
determines that a judgment was void, because obtained by fraud-
ulent collusion with the sheriff, cannot be regarded as the law of the
case, on a subsequent appeal from a judgment on another trial, in
which it was found that there was no such collusion, and that the
service and return were made in good faith. (Bennett v. Wilson,
207.)

2. APPELLATE PRACTICE.-OBJECTIONS TO EVIDENCE
NOT RULED upon at the trial cannot be urged in the appellate
court. (Youngblood v. South Carolina etc. R. R. Co., 824.)

3. APPELLATE PRACTICE.-EXCEPTIONS NOT PROPER-
LY TAKEN are waived on appeal. (State v. Saidell, 627.)

4. APPELLATE PRACTICE-INSTRUCTIONS.-Error cannot
be predicated upon the failure of the trial court to charge the jury
upon particular propositions, when no request to charge thereon
was made. (Sudduth v. Sumeral, 883.)

5. APPEAL.-THE APPELLATE COURT'S ACTION, when
not assigned as for error, is not subject to review on appeal to
supreme court, (Peterson v. Gibson, 263.)

TRIAL, ORDER

6. APPELLATE PROCEDURE - NEW
GRANTING WHEN NOT REVIEWABLE.-An order granting a
new trial in an action tried by a jury, where there is a conflict in
the evidence, and the order may have been upon the facts, is not
reviewable, unless it appears by the record that the order was af-
firmed as to the facts or the appeal therefrom dismissed. (Bank of
China etc. v. Morse, 676.)