4. ACTION FOR MONEY PAID OR SERVICES RENDERED UNDER A VOID CONTRACT. In such case the injured party has no remedy at law upon the contract; he may, however, disaffirm the contract, and maintain his action to recover back the money paid, or the value of the services rendered. Id. & DAMAGES MEASURE OF - EVIDENCE.-In an action for a breach of a valid contract for the conveyance of land, the measure of damages would be the value of the land agreed to be conveyed. But, for the recovery of money paid, or services rendered upon a void contract for the conveyance of land, the measure of plaintiff's relief is the amount of the money paid and interest, or the value of the services rendered; and, in such a case, evidence of the value of the land is inadmissible. Id. CONFLICT OF EVIDENCE. See PRACTICE, 6; NEW TRIAL, 1 CONVEYANCES. 1 CONVEYANCE -NAME.-If the true owner conveys property by any name, the conveyance, as between the grantor and grantee, will transfer the title. Fallon v. Kehoe, 44. & CONVEYANCE REGISTRATION.-The execution of a conveyance of land by the owner, in his rightful name, though different from that in which he acquired it, when duly recorded, will operate as constructive notice of the sale and transfer of the title, and will take precedence of a subsequently recorded deed to the same land, executed in the name by which it was acquired. Id. See NAME, 1; DESCRIPTION OF LAND, 2. CORPORATIONS. 1. POWER OF CORPORATIONS OVER CORPORATE PROPERTY.-All corporations capable of taking and holding property have the jus disponendi as fully as natural persons, except so far as they are restrained by statute. ple v. P. & T. C. of O., 166. Peo 2. IDEM.-Under this general power, a corporation may dispose of the whole of its property for any lawful purpose. Id. & DISINCORPORATION.-There is no statutory provision for the dissolution of corporations for literary purposes having no stockholders. Id. 4. IDEM. In the absence of any statutory provision defining the mode, a corporation aggregate may dissolve itself by the surrender of its franchise, by proper proceedings for that purpose. Id. & PROPERTY OF CORPORATION ON ITS DISSOLUTION.-On the dissolution of a corporation for literary purposes, by a surrender of its franchise, owing no debts, all its personal estate, and all its real property, acquired by purchase for value, vests, by operation of law, in the State. Id. POWER OF THE PRESIDENT AND TRUSTEES OF THE COLLEGE OF CALIFORNIA.It was for the President and Trustees of the College of California to decide whether the public interest would be subserved by dissolving the corporation and devoting its property, after the payment of its debts, to the support of the State University. Id. Bee STATUTORY CONSTRUCTION, 10, 11; CAPITAL STOCK, 1; RELEASE, 1, 2, & CORPORATE POWERS. See CORPORATIONS, 1, 2, 6. CORPORATE PROPERTY. See CORPORATIONS, 1, 2, 4, 5, e. COUNTER CLAIM AND SET-OFF. 1. COUNTER CLAIM.-H., a contractor to make certain street improvements, agreed with R., whose property was assessed for the improvement, and to whom H. was indebted, that H.'s debt might be credited by the amount of R.'s assessment. Before any work was done by H., he assigned his contract for making the improvement to D., who did the work, and afterwards assigned his claim for the improvements to the plaintiff. Neither D. or plaintiff had any notice of the agreement between H. and R. In an action by plaintiff against R., for the amount of his assessment, it was held that the indebtedness from H. to R. furnished no ground for a counter claim. Himmelmann v. Reay, 163. See ACTIONS, 6; FORCIBLE ENTRY AND DETAINER, COURTS. Bee CONSTITUtional ConsTRUCTION, 1, 2. COVENANT. 1. COVENANT - COMPLIANCE WITH.-It is no satisfaction of a covenant for the confirmation of a Mexican title to a tract of land, that the covenantes may obtain the title to the same land by entry and purchase. Smith v. Lawrence, 25. CRIMINAL LAW. 1. CRIMINAL LAW-INDICTMENT FOR BURGLARY.-In an indictment for "entering a room or apartment, with the intention to commit larceny," It is right to charge the ownership of the room to be his who rented it from one who had the general supervision and control of the whole house, and occupied the same as a lodger. People v. St. Clair, 137. 2 ASSAULTING THE WRONG PERSON BY MISTAKE.—If A., intending to murder B., shoots C., supposing C. to be B., and wounds C., he is guilty of an assault with intent to murder C. People v. Torres, 141. & CRIMINAL LAW-JURISDICTION OF STATE TRIBUNALS.-State tribunals have no power to punish crimes against the laws of the United States, as such. People v. Kelly, 145. 4. IDEM.-State tribunals have no jurisdiction of the charge of perjury committed by swearing falsely before the Register of the United States Land Office in a proceeding touching the public land. Id. B. CRIMINAL LAW INSANITY. It is only of habitual insanity, when proved once to have existed, that the law entertains the presumption that it continues, until the contrary is shown otherwise of spasmodic, or temporary mania. People v. Francis, 183. See CONSTITUTIONAL CONSTRUCTION, 5, 6; STATUTORY CONSTRUCTION, 12. 1. CRIMINAL PRACTICE.-The deposition of absent witnesses, who reside out of the State, and who are not amenable to the processes of our Courts, is expressly prohibited by the provisions of the Criminal Practice Act. People v. Francis, 183. IDEM AFFIDAVIT FOR POSTPONEMENT OF TRIAL.-An affidavit which states that affiant believes he can procure the attendance of witnesses residing out of the State, or their depositions, by the next term of Court, is defective being in the alternative. Id. - 8. IDEM.-If, in an affidavit for postponement of trial, the defendant states, on information and belief, that he can procure the personal attendance of witnesses from a distant country, he must also set forth the reasons of his belief, and the nature of his information, or the showing will be insufficient. Id. IDEM EVIDENCE TO JUSTIFY INSTRUCTIONS.-There should be some evidence tending to show a settled, general insanity, as contradistinguished from a mere temporary aberration, or hallucination, to justify instructions which do not recognize such distinction. Id. B. IDEM. The practice of designating in a judgment of death, a day for carrying it into effect is not in keeping with the provisions of the Criminal Practice Act. The day should be designated in the warrant and not in the judgment. People v. Bonilla, 699. 6. IDEM.-If the judgment of death be not executed, from any cause, on the day appointed, it is competent for the Court, rendering the judgment, to appoint another day for the carrying the same into execution. Id. DAMAGES. Bee CONTRACTS, 5; FORCIBLE ENTRY AND DETAINER, 11; PLEADING, 20. DAYS OF GRACE. See PROMISSORY NOTES, 2, 3, DECLARATIONS. See EVIDENCE, 6. DECLARATORY STATEMENT. 1. DECLARATORY STATEMENT REGISTER'S CERTIFICATE.-A declaratory statement for the purpose of pre-empting lands, or the Register's certificate of the filing of such statement, confers no title. It is merely an application-an offer to purchase, after the requisite proof of residence, qualifications, etc., shall be made. Hemphill v. Davies, 577. DEEDS. 1. A DEED A MORTGAGE.-A deed absolute upon its face may be proven to have been intended as a mortgage. Vance v. Lincoln, 586. 2. A DEED NOT A MORTGAGE.-V. gave F. a deed of bargain and sale, absolute on its face; at the same time, and as a part of the same transaction, F. gave V. a written instrument to the effect that the deed had been taken as security for a note which he held against V., and that F. would endorse upon the note all moneys received by him from sales of the land, and that when the note was all paid F. would deed back to V. all the land then unsold. Held, that this was not a mortgage merely, but a trust for the benefit of F., and that the legal title was in F. while the trust continued. Id. See CALLS IN A DEED, 1, 2; POSSESSION OF LAND, 1, 2, 3, 4, 5, 6. DEFENSE. See VENDOR AND VENDEE, 1; DISCHARGE IN INSOLVENCY, 1; LANDLORD AND TENANT, 2. DEMAND AND REFUSAL. See PLEADING, 9, 10; ACTION AGAINST SHERIFF, 1; FORCIBLE ENTRY AND DETAINER, 14, 15. DEMURRER. See PRACTICE, 15, 24, 25. DEPOSITION OF ABSENT WITNESSES. See CRIMINAL PRACTICE, 1, 2. DESCRIPTION OF LAND. 1. DESCRIPTION OF LAND.-A description is not defective which calls for a DISCHARGE IN INSOLVENCY. 1. DISCHARGE IN INSOLVENCY — WHEN NO DEFENSE.-If the record of the 1. DISTRICT Court - DISINCORPORATION. See CORPORATIONS, 3, 4, 5, DISTRICT COURTS. WANT OF JURISDICTION IN.-The District Court has no See JUDGMENT, 2, 3; JURISDICTION, 1. EASEMENT. 1. EASEMENT - CONVEYANCE CONSTRUCTION OF.-When the owner of a 8. EASEMENT.-The grant of an easement is always made for the benefit of - 4. EASEMENT - STATUTE OF FRAUDS. A right of way is an interest in lands, EJECTMENT. See LANDLORD AND TENANT, 2. EQUITY JURISDICTION. 1. THE PERFORMANCE OF ACTS, PROHIBITED BY LAW, WILL NOT BE ENFORCED BY A COURT OF EQUITY. It may be stated, as a general proposition, that an act which the law prohibits to be done, is in so far infirm, that a Court of Equity will not lend its aid to enforce its performance. To grant any relief, the Court must first decide that the transaction, on which it is claimed, was lawful and valid. Martin v. Zellerbach, 300. 2. IDEM.-Nor can a transaction, imbued with the fatal infirmity of being in violation of law, be purged of its infirmity by means of an estoppel. Id. 8. COURTS OF EQUITY-POWER OF OVER THE PLEDGE OF NEGOTIABLE INSTRUMENTS. Has a Court of Equity power to decree the foreclosure and sale of a negotiable instrument, in satisfaction of the debt for which it is held in pledge, under ordinary circumstances? Quære? Donohoe v. Gamble, 340. 4. IDEM.-Under special circumstances, a Court of Equity has the power to decree the sale of such instruments so held. Id. 5. IDEM. Where the maker of the note or bill of exchange resides in a remote country, or in a different State, and it is not shown that he has any property subject to seizure and sale, within the jurisdiction of the Forum, there is presented such special circumstances as to authorize the holder of the instruments given in pledge to resort to a Court of Equity for a foreclosure and sale. Id. See SPECIFIC PERFORMANCE, 3, 4, 5, 6; ALIMONY, 2, 4; MONEY REGARDED AS LAND, 1; PRE-EMPTION RIGHTS, 4, 5; TAX SALES, 3 4. ERROR. See PRACTICE, 17; INSTRUCTIONS TO JURY, 2, 4, 5. ESTATE IN REVERSION. 1. ESTATE IN REVERSION AT WHAT TIME THE RIGHT TO BECOMES ABSOLUTE. The right to an estate in reversion becomes absolute on the happening of the event which terminates the intermediate estate. Hawes V. Lathrop, 493. 2. IDEM.-Where it was provided in a conveyance of real estate to certain parties in trust for a specified purpose, that if the trustees should declare by resolution that the objects of the trust were found to be impracticable, that the estate thereby conveyed should be determined, and the land revert to the grantor, it was held that on the happening of that event, the trust deed became void, and the right of the grantor became absolute. Id. ESTATES OF DECEASED PERSONS. See ADMINISTRATOR, 2, 3; District Court, 1; Surviving PARTNER, 1, 2. ESTOPPEL. 1. ESTOPPEL.-One who obtains the possession of public land of the United States from a prior possessor, under a contract of purchase, with which he has not complied, is not estopped from setting up a subsequently acquired title from the United States, in an action brought by the vendor to recover possession. Holden v. Andrews, 119. 2. IDEM.-A person who has acquired the possession of lands under a contract of purchase, is precluded, while he continues in possession, from |