(PROPERTY RIGHTS; WILLS; DEEDS; COVENANTS; GIFTS; GUARANTY.) power to maintain, rebuild, repair, or refurnish the building after it has once parted with possession of it. (Pa.) 214. A municipal corporation is held not to be able to ratify the act of the superintendent of its waterworks system in entering upon private property and connecting a well there located with the city water mains without the consent of its owner, so as to become liable for the water taken from the well. (S. D.) 158. Loss of package in mails. A railroad company transporting mail, either under contract with the government or by reason of the general laws and the regulations of the Postoffice Department. is held to be an agent of the government, and not liable to individuals for loss of mail through negligence of its subordinate employees. (C. C. A. 8th C.) 397. VI. PROPERTY RIGHTS; WILLS; DEFDS; COVENANTS; GIFTS; GUARANTY. Purchase pendente lite. The title secured by a purchase, by a stranger after an appeal has been taken from the judgment, from one who has purchased mortgaged real estate at his own foreclosure sale, is held to be subject to be defeated by a reversal of the judgment, not withstanding the execution of the judgment was not superseded pending the appeal. (Cal.) 419. Finder. The right of one who, while in the employ of another, finds upon the latter's premises money evidently hidden and forgotten by an unknown owner, to maintain an action of trover against his employer, where the latter takes the money out of his possession and refuses to restore it, is sustained. (Or.) 526. Fixtures. The main belt which transmits the power from an engine which is so affixed to the building as to be real estate, to the machinery in the mill, is held to be, as between the owner and attaching creditors, real estate. (C. C. A. 2d C.) 327. Water rights. Users of water from a ditch or canal are held to be entitled to sell and transfer the right to use such waters; and the purchaser is held to have a right to transfer it to other lands under the ditch or canal, so long as the change of place does not interfere with the rights of others. (Idaho) 407. Advancements. The execution of releases from part only of the children to whom advancements are made, of all further interest in the estate, is held not to destroy their right to share an intestate property thereafter accumulated by the ancestor, where all his children had shared equally in the advancements. (Va.) 578. Wills. A legacy to a particular church of which testator is a member is held to lapse with the termination of the church's existence, and not to be capable of administration cự près, although the church was for the benefit of deaf mutes, and the work in their behalf is carried on by the corporation into which the legatee was consolidated, where there is nothing to indicate that the continuation of the work, rather than the church itself, was the object of the testator's bounty. (R. I.) 225. Deeds. A condition in a deed of a small parcel of land that no grain shall ever be handled on the land granted, which contains no facilities for handling grain at the time of the grant, is held not to be unreasonable or contrary to public policy. (Ill.) 511. Covenants. A covenant on the part of a vendor of land, which forms part of the consideration of the grant, to open a way through another tract which he does not at the time own, but contemplates purchasing, is held not to run with the latter tract after it comes into possession of the vendor, and, therefore, not to be enforceable against his grantee. (Or.) 799. Gift. Parol instructions by one who has given money to another for safe keeping, which has been deposited by the latter's husband in a bank upon a certificate taken in his own name, to the one to whom the money was delivered, as to the persons to whom it is to be paid after the death of the donor, without any instruction in writing or delivery of the certificate of the deposit, are held not to be sufficient to effect a valid gift causa mortis. (Pa.) 813. Guaranty. Notice of acceptance is held not to be necwhich he "hereby” guarantees a debt which essary to bind one who executes a paper by another now owes, or may owe in the future, to a specified amount, the instrument expressly stating that it is to remain in full force until the debt is fully discharged or the agreement is relinquished in writing. (N, C.) 729. (CIVIL REMEDIES; RULES AND PRINCIPLES.) VII. Creditors of a vendor of a stock of goods are held to have a right of action against the grantee upon his agreement with the vendor to pay such creditors out of the purchase money. (N. C.) 736. A child living in the family of his father, upon property in which he has no property right, is held to have a right of action against one who maintains a well on adjoining property in such a condition as to constitute a nuisance which renders the child ill to his injury. (Tex.) 818. A member who has been wrongfully expelled from an unincorporated benefit society is held to be entitled to abandon all claims to reinstatement, and resort to an action for damages for the injury inflicted upon him by the expulsion. (Conn.) 92. Mandamus. The right of a writ of mandamus to compei the removal from the records of a state prison of the photograph, description, and measurements of a person sentenced to death, but whose sentence is afterwards reversed, and who is subsequently acquitted of the charge against him, is denied. (N. Y.) 104. Ejectment. Ejectment, and not a bill in equity for an injunction, is held to be the appropriate remedy to oust from possession one who has entered upon premises under an oil and gas lease which is alleged to be invalid, and has erected necessary machinery, drilled a well, and is proceeding to drill others. (Pa.) 209. Specific performance. Specific performance of a contract to sell and deliver a crop of hops is held not to be properly refused on the ground that the remedy is not mutual, because a clause in the contract leaves the purchaser free to reject the hops tendered if they are not of proper quality and in proper condition. (Or.) 783. Injunction. See also supra, V., Unfair Competition. The right of the owner of an island to an injunction to compel the removal of nets set in the adjoining waters in such a manner as to constitute a public nuisance is sustained where they interfere with the access to and from the island, and the one responsible for them is insolvent, so that an action for damages would not afford adequate relief. (N. C.) 930. Estoppel. Stockholders in, and 1001 served by an irrigation ditch, who tacitly owners of, land assent to, and are present without objection land of theirs for the purpose of changing during the extension of, the canal over other the point of intake, are held to be estopped from objecting to the maintenance of the canal after its completion. (Cal.) 940. Removal of causes. A denial of the right of a corporation incorporated in another state to remove a cause into a Federal court, on the ground of diverse citizenship, from a court of North Carolina, in which it has been sued by a citizen of the latter state, on the ground that the corporation has become a domestic corporation under the state statute, as it was compelled to do in order to obtain the privilege of doing business in that state, is held not to deprive the corporation of any rights under the Federal Constitution. C.) 915. Judgment. (N. Heirs at law are held not to be entitled to the benefit of a judgment in an action by a coheir to set aside a deed of the ancestor, where they were not made parties to the suit, and it was not brought for their benefit. (N. C.) 924. A judgment dismissing the action and assessing costs against plaintiff, entered upon a verdict for defendant in a suit to recover possession of real estate which involves two issues, one as to the plaintiff's title and the other as to the right of possession,without disclosing upon which the judgment is based, is held not to bar a subsequent action for possession, although the statute contemplates that the title shall be tried in clusive as to the estate in such property and such actions, and makes the judgment conthe right of possession thereof, so far as the same is thereby determined. (Or.) 790. The jurisdiction of a court of equity to Perpendicular marks across the signature enjoin ticket brokers from disposing of, or of a will, made, apparently, to cancel it, are attempting to transfer, tickets which they held not be writings, within the meaning of have purchased with notice from persons a statute permitting the comparison of writwho agreed that they should not be trans-ings by experts so as to admit opinion eviferred, is sustained. (Mo.) 136. dence of their origin. (N. Y.) 95. 65 L. R. A. (CRIMINAL LAW AND PRACTICE.) must be deducted the value of the leasehold. (Tenn.) 298. Refusal to strike out evidence. Refusing to strike out the opinion of a witness as to the genuineness of signatures The right to recover damages for mental in evidence upon withdrawing other signasuffering for failure to deliver a telegram, tures which had been introduced for the although not accompanied by physical sufferpurpose of comparison is held not to being or injury, is sustained. (Nev.) 666. error, where the witness had seen the person, who is alleged to have written the sig; natures, write, as to which he testifies, and is, therefore, competent to give his opinion as to their genuineness independently of any comparison with other signatures in evidence. (S. D.) 151. Damages. Words of provocation are held to be prop erly considered in mitigation of punitive, but not of compensatory, damages. (Ohio) 860. The owner of a building negligently destroyed by fire while in possession of the tenant is held not to be able to recover from one responsible for the loss the whole value of it; but it is held that from such value Larceny. real estate that the vendor has only an opKnowledge by one contracting to purchase tion contract to purchase, and has contracted to sell the sawed timber on the land to his right to damages for loss of his bargain a third person, is held not to deprive him of in case the vendor refuses to convey any thing except the land free from the timber. (Wis.) 973. One who sues for breach, before the time of performance arrived, of a contract to employ him as manager of an opera house for a compensation, to consist in part of a share of the net profits, is held not to be entitled to recover as damages a share of the amount for which his employer disposed of the lease subsequent to the time when such employment should have begun. (Tex.) 302. VIII. CRIMINAL LAW AND PRACTICE. That a man may be guilty of larceny of property which the Constitution makes the sole and separate property of his wife is decided. (Ark.) 71. Homicide by soldier in obedience to orders. A private soldier who has been stationed to guard a residence, which, during a time of rioting and disorder, has been dynamited, and against which threats have been made to repeat the offense, with orders to shoot to kill any person found prowling about the house, is held to be guilty of no crime if he shoots a person who approaches the building and refuses to obey his command to halt. ' (Pa.) 193. 65 L. R. A. Evidence of declarations of child. That a child is too young to be a competent witness because of inability to comprehend the obligation of an oath is held not to preclude the admission in evidence of its declarations as part of the res gesta. (Tex. Crim. App.) 316. Injunction. A Federal court is held to have no jurisdiction to enjoin a state food commissioner from proceeding to enforce a pure-food statute of the state by criminal prosecution on the ground that he has erroneously construed the statute to include matters not within it. (C. C. A. 6th C.) 864. |