2. Retention of title by the seller until full payment is made is not
necessarily inconsistent with the buyer's right to the possession of
the goods, and, if no time is fixed for completing payment, the buy-
er is entitled to reasonable time before the seller can demand the re-
turn of the goods and replevy them. Adams v. Wood, 411.
3. One who sells goods with warranty of title to a purchaser in anoth-
er jurisdiction cannot claim that his liability thereon is released by
any reasonable arrangements which the buyer finds himself com-
pelled to make with the holder of an existing lien to enable him to
remove the goods to his own domicil; and the fact that such a remov-
al changes the venue of any consequent action does not necessarily
support an inference of fraudulent_combination by the buyer and
the lien-holder against the seller. De Witt v. Prescott, 298.
by husband, of property, for wife: VENDOR, &c. 1, p. 536.
by sheriff, after leaving office: EXECUTION 8,—p. 453.
for taxes, passes complete title: TAXES 7,-p. 336.
for taxes, redemption from: LIEN 1,-p. 618.
on foreclosure; notice necessary to: MORTGAGE 15,—p. 335.
necessary to entitle sheriff to poundage: SHERIFF 3,—p. 353.
notice of holding goods subject to order: SET-OFF,-p. 86.
of crop by tenant; protection of purchaser: LANDLORD, &c, 3, 4,-p.
482.
of devised land in possession: EXECUTORS, &c. 5,-p. 360.
of false shipping receipt: AsSUMPSIT 6,-p. 191.
of land: receipt for payment does not give possession: VENDOR, &c.
10,-p. 636.
of lands, contract for: FRAUDS, Statute of 1,-p. 636.
of personalty, contract for by agent: PRINCIPAL AND AGENT 4,—p.
536.
of personalty, contract for: FRauds, Stat. of 5,—p. 536.
of property for collection of judgment: EXECUTION 3,-p. 353.
of second mortgage as a first: FRAUD, &c. 2,-p. 177; TRIAL 13,—p.
178.
of team for farm use: VENDOR, &c. 2,-p. 529.
of timber on land: TROVER 2; VENDOR, &c., 8,—p. 320.
of worthless note and mortgage: EVIDENCE 2; TRIAL 14; Damages-
2,-p. 189.
on execution; bill to set aside: APPEAL 10,-p. 453.
on execution; defects in sheriff's certificate: EXECUTION 11,-p. 453.
on execution, not invalidated by removing EXECUTION: 1,-p. 453.
on execution; presumption of regularity: EXECUTION 10,-p. 453.
on execution; publication of notice: EXECUTION 9,-p. 453.
on foreclosure, not defeated by non payment of surplus: MORTGAGE
18, p. 335.
rate of, when inadmissible: EVIDENCE 3,-p. 589.
to woman through her husband: HUSBAND, &c. 4,-p. 536.
under mortgage; evidence as to: ASSUMPSIT 7,-p. 491.
Satisfaction-of mortgage by labor performed: MORTGAGE 12,-p. 633.
by mortgage, effect on collateral liens: LIEN 1,-p. 618.
of trespass as affecting DEMAND 1,—p. 411.
SCHOOLS AND SCHOOL DISTRICTS.
1. Act 358 of 1877 "to incorporate the public schools of the township
of Long Rapids" provides that the territory within the township of
Long Rapids, in Alpena county, be set off from Union school dis-
trict No. 1, of the township of Alpena. The adjacent county of
Montmorency had previously been attached to the township of Long
Rapids for judicial, and therefore, for all legal, purposes Comp.
L. §§ 120, 449. Act 358 made the town clerk of Long Rapids, who
might, under this arrangement, be a resident of Montmorency
county, the clerk of the board of education, and provided that the
trustees should meet and the records be kept at his office, which
also might be in that county; it also made the township and school
elections take place at the same time and on the same tickets; and it
apportioned the debt of the old Union school district Number 1 of
Alpena township between that district and the new one, according
to proportions fixed by the assessment rolls of the two townships on
the basis of the aggregate valuation of Long Rapids, which for that
purpose, covered the unorganized county. Held, that the new
school district of Long Rapids would include the territory of Mont-
morency county; and that school taxes for that district were prop-
erly levied on property in that county. Johnston v. Cathro, 80.
2. Mandamus to compel a school district assessor to pay a school
order was allowed where the court was satisfied there was no valid
defense. Martin v. Tripp, 184.
commitment to State Public School:
HABEAS CORPUS 2, 3,-p. 599.
interest on school orders: INTEREST 2,-p. 184.
Security-assignment of mortgage by way of: MORTGAGE 7,-p. 229;
bill to obtain release of: EQUITY 11,-p. 230.
by deed absolute: MORTGAGE 1, 2, p. 105.
to perform contract; note deposited as: BILLS, &c. 8,-p. 186.
fund for satisfaction of mortgage: MORTGAGE 6,-p. 312.
Secondary-fund, for satisfaction of mortgage: MORTGAGE 6,-p. 312.
Seizure of wife's property on execution against husband: WITNESS 1,
-p. 373.
Separate-proceedings to enforce collateral lien: LIEN 1; MORTGAGE 14,
-p. 618.
Service of deposition on opposite attorney: DEPOSITION,-p. 84.
of execution, what it includes: EXECUTION 3,—p. 353.
of mittimus for re-arrest of principal: BAIL, &c. 1,-p. 620.
of notice on foreign corporation: WRIT, &c.; CORPORATIONS 2,-p. 5.
of warrant without issuing subpoena: PLEADING, 1,—p. 176.
SET-OFF AND COUNTER-CLAIM.
Money paid in advance for goods which not only do not correspond to
the contract but are worthless may be recovered back by the buyer
as paid without consideration, and he can therefore treat it as set-
off; and he may do so with no other notice to the dealer that the
goods are held subject to the latter's order than is implied in notice
of the facts, of the worthlessness of the goods, and of his refusal
to take them. Petersen v. Door, Sash & Lumber Co., 86.
Setting aside-cloud on title; dismissal of bill; EQUITY 10,-p. 453.
conveyance for fraud: FRAUD, &c. 4,-p. 140.
conviction, for illegal challenge to jury: CRIM. LAW 12,-p. 610.
conviction for incompetent evidence: CRIM. LAW 15,-p. 612.
decree, for superfluities: EQUITY 11,-p. 230.
drain proceedings: DRAINS, &c. 2,-p. 639.
execution sale, motion for: HOMESTEAD 4,-p. 158.
execution sale; quieting title thereby: APPEAL 10,-p. 453.
settlement between townships: MUN. CORP. 6; EQUITY 2,-p. 446.
tax-sale for defects; TAXES 10, 12,-p. 336.
SETTLEMENT.
1. The parties to an arrangement for speculating in options have the
right as between themselves to settle their mutual dealings as they
please; and a loan from one to the other, agreed upon by them in
making such settlement, would not be affected by the nature of
their previous operations. Stanley v. Nye, 232.
2. Parties to an amicable settlement may be presumed to intend what
they carry out; and if it is lawful and practicable a mere mistake
as to statutory requisities should not prevent its enforcement in
some suitable proceeding. Galloway v. Gibson, 135.
3. One who obtains a payment from his employer on the representa-
tion that it is a settlement in full, is presumptively bound by the
representation, though not conclusively. Judd v. Burton, 74.
4. It is the intention of the parties to an account that has not been
paid in full which determines whether an alleged settlement was
meant to dispose of the entire account. Widner v. W. U. Telegraph.
Co., 292.
5. A debtor enclosed a check in a letter of transmittal which was
merely a printed form with the blanks filled out in writing and con-
taining the printed words "in settlement of account." The letter
also enclosed a receipt in similar form and with the same printed
words. The creditor refused to sign this receipt but gave an or-
dinary receipt in place of it without objection from the debtor.
Farther payments were made before the completion of the contract
and the creditor frequently demanded full payment after the check
was received and at such times the debtor made no claim of a set-
tlement. Held that the words "in settlement of account" meant
no more than "applied on the account." Id.
6. Courts cannot disturb a compromise between parties, unless on
satisfactory evidence of mistake, fraud or unconscionable advan-
tage. Prichard v. Sharp, 432.
7. A court cannot enter upon an original accounting on a bill which
is so deficient in equities as to leave an existing settlement in force.
Churchill v. Cummings, 447.
8. A foreclosure decree was given for the amount of a proposed com
promise which had never amounted to more than an offer on either
side, where the court considered the amount a sufficient approxima-
tion to the debt to fairly represent it at the time the compromise
was proposed. Lyon v. McDonald, 436.
between townships, bill to set aside: MUN.CORP.6; EQUITY 2,--p. 446.
of mortgage debt: MORTGAGE 11,-p. 435.
of questions of title leaves nothing to equity: BOUNDARY 1,-p. 240.
remedy against firm dissolved without: PARTNERSHIP 3,-p. 484.
SHERIFF.
1. Under the Michigan system, the sheriff and the county clerk are
officers of the circuit court for the county while it is in session, and
during that period are subject to the direction of the circuit judge
in all matters pertaining to the administration of justice. Whallon
v. Ingham Circuit Judge, 504.
2. An action for sheriff's fees will not lie upon the quantum meruit,
as at common law he was not entitled to them. Peck v. City Nat.
Bank, 353.
3. A sheriff who has levied only on real estate is not entitled to
poundage until the property taken is sold or money collected on the
judgment; and this is especially so where statutory provision is
made for the payment of his fees. Id.
cannot remove executions after leaving office: EXECUTION 1.-p. 453.
charge of, for re-arrest of principal: BAIL 1,-p. 620.
conversation between prisoner and under-sheriff: CRIM. LAW 4,-
p. 196.
deed of, on foreclosure; filing of: MORTGAGE 19,-p. 335.
defects in his certificate of sale on EXECUTION 11,-p. 453.
his deed on foreclosure: APPEAL 3,-p. 313.
his indorsement, on EXECUTION 4-6,-pp. 452-3.
may be restrained from collection of JUDGMENT 6,-p. 354.
non-payment by, of surplus on foreclosure sale: MORTGAGE 18,-
p. 335.
sale by, after leaving office: EXECUTION 8,-p. 453.
trover for making levy: TROVER, &c. 1,—p. 111.
SHIPS AND SHIPPING.
employment of vessel-master: COURTS 3,-p. 539.
Signature-as proof of delivery: BILLS, &c. 10,--p. 426.
fraud in obtaining: BILLS, &c. 5, 11,—p. 563.
to advertisement for foreclosure: MORTGAGE 16,-p. 312.
Special-count for conversion in declaration for injury: TROVER 5,—
p. 608.
verdict, when finding is treated as: ERROR 3,-p. 354.
SPECIFIC PERFORMANCE.
Suit for specific performance was brought against one who had agreed
to convey, but refused to execute a deed on the ground that his title
was subject to a reservation of mineral rights of which complainant
knew, but he himself did not, at the time of making the agreement,
and that complanant had told him that it was not necessary to ex-
pressly except a certain easement that was appurtenant to his home-
stead. It was not shown that complainant had acted fraudulently.
Complainant consented to accept performance in precise accordance
with defendant's maximum claims, and to take a deed reserving the
easement and excepting the right to minerals, and a decree was
made accordingly, without costs to either party. Held, that defend-
ant could not complain. Anderson v. Kennedy, 467.
of agreement to convey: LANDLORD, &c. 1,-p. 57.
State Public School-commitment of child thereto: HABEAS CORPUS 2,
3, p. 599.
STATES AND STATE OFFICERS-
division of State into representative districts: COUNTIES 2; CONST.
LAW 4,-p. 545.
mandamus to Secretary of State:
Governor's duty to issue patent:
STATUTES.
The effect of legislation, where the Legislature has full power,
bears on the question of intent and construction.
2. An empowering statute does not necessarily imply that the power
given did not exist before. Rhoades v. Davis, 306.
effect of amendment: TAXES 2,-p. 180.
repeal of: COURTS 4,-p. 548.
retrospective dispensing laws: TAXES 4, 5,-p. 336.
Act of Oct. 12, 1818: Gaming (Vol. 1, p. 412)....
Statutes referring to places of holding court...
Vol. 1. pp. 9, 10, 15, 16, 17, 18, 183, 184, 186, 323,
324, 325, 326, 328, 329, 330, 716, § 9.
Vol. 2, pp. 60, 265, 270, 317, 325, 625, 759.
Vol. 3, pp. 840, 899, 908, 972, 1010, 1022, 1379.
Code of 1827, p. 492: Gaming...
Laws of 1827, p. 379: Place of holding court.
Compilation of 1833, p. 477: Gaming....
Revised Statutes of 1838:
Pt. i. tit. 3, ch. 2, § 16 (p. 35): County business
Pt. i. tit. 10, ch. 1, p. 223: Religious societies..
Pt. i. tit. 11, ch. 7, §§ 10-18 (pp. 210, 213): Gaming..
Pt. iii. tit. 1, ch. 3, § 3-13 (pp. 381-3): Circuit courts
Revised Statutes of 1846:
Ch. 44: Secs. 9-18: Gaming..
89: Sec. 6: Place of holding court.
Pt. iii. tit. 1, ch. 7, §§ 2, 4 (p. 415): Places of holding court
Compiled Laws of 1871.
§ 4979: Terms of court.
Howell's Annotated Statutes:
Ch. 20: Division of townships..
94: Tram railways ...
114: Booming companies..
118: Mutual benefit associations
132: Mutual fire insurance companies..
170: Religious societies.
214: Uses and trusts.....
286: Forcible entry and detainer.
289: Replevin for distrained animals..
Ꭶ 2, subd. 12: Statutory definition of "person".
223: Unorganized counties....
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