8. Reputation to establish a particular fact not
of a public nature is not generally admissible, al-
though where the existence of the fact has been
proved aliunde, reputation is sometimes received
to explain it.
Idem,

123
9. A tax deed for lands, which is void for want
of compliance with the statute, is not admissible
in evidence.
Idem,

123
10. Where goods are attached by a creditor and
a third person claims title, evidence that the debtor
had owned the goods, and that in his absence his
clerks without authority and in fraudulent combi-
nation with such third person had made a sale of
them to him, is proper in an action to recover the
goods, brought by such third person.

Deitsch v. Wiggins,

228
11. The attachment is also evidence in connec-
tion with the proof of the unauthorized and fraud-
ulent sale.
Idem,
228
12. Where the language of a letter is neither
ambiguous nor technical, no usage can be proved
to discover its meaning.

Partridge v. Ins. Co.

229
13. Parol evidence of an oral agreement alleged
to have been made at the time of making or in-
dorsing of a bill or note cannot be permitted to
vary, qualify or contradict, to add to or take from
the absolute terms of the bill or note.

Idem.

22. Several writings executed between the same
parties, substantially at the same time relating to
the same subject-matter, may be read in evidence
together as forming parts of one transaction, al-
though they do not in terms refer to each other, if
in point of fact they are parts of a single transac-
tion.
Idem,
611

23. A witness who testifies to an affirmative is
entitled to credit in preference to one who testifies
to a negative, because the latter may have forgot-
ten what actually occurred, while it is impossible
to remember what never existed.
Stitt v. Huidekoper,

644

24. One cannot make good by parol evidence,
even as between persons not parties to the suit, a
contract which the law requires to be in writing
to make it valid.
Idem,

644
25. The documents a vessel carries furnish the
only evidence of her nationality.
682

Murray v. U. S.,

26. Preliminary proof of death and of the justice
of the claim of the assured, made on blanks fur-
nished by the insurers, and filed up in the presence
of their agent, is evidence of the justice of the
claim sufficient to go to the jury.
Life Ins. Co. v. Francisco,
698
27. Depositions taken on an adjourned day in
pursuance of notice, though in the absence of the
opposite party, are admissible in evidence.

Knode v. Williamson,

670

28. Witnesses may be asked if they knew the
general "reputation" of another witness for truth;
instead of being asked whether they knew his gen-
eral "character" when called to impeach him.

Idem,

Idem.

670

29. Where there was a material defect in the no-
tice given of the taking of a deposition, which was
not waived by any attendance before the commis-
sioner, it cannot be received in evidence.
670
30. To establish fraud, it is not necessary to
prove it by direct and positive evidence. Circum-
stantial evidence is sufficient, and in most cases
is the only proof that can be adduced.
707

Rea v. Missouri,

31. Where two persons are charged with fraud
in the purchase of goods, statements made by one
of them in the absence of the other, which were
afterwards assented to by the latter, are competent
evidence.

32. In an action of ejectment, a letter of plain-
tiff's grantor, written to the ancestor of defendant,
is not competent evidence to show that the ances-
tor entered into possession under the license of
plaintiff's grantor, without some evidence that such
letter was received or acted on about the time of
such entry by the ancestor; and the date of the
letter, though near the time of the entry, is not
sufficient evidence of that fact to justify its admis-
sion.
717

Smith v. Shoemaker,

33. A letter of defendant showing that the draft
on which the suit was brought against him was
drawn by him on his own account was proper to
be received in evidence.
808

Mulhall v. Keenan,

34. Where a letter of credit authorized defend-
ant to "draw drafts when there was sufficient mar-
gin," evidence to show that there was not such
margin as conformed to the requirement of the
letter of credit is admissible.

Idem,

808

35. Defendant's own books are not admissible
to show that certain cattle had been forwarded to
the consignees on account of another person.
Idem,
808
36. Entries made by private parties are not ad-
missible in evidence, unless they were made con-
temporaneously with the facts to which they re-
late, by parties having personal knowledge of the
facts, and are corroborated by their testimony, if
living and accessible, or by proof of their hand-
writing, if dead or insane, or beyond reach.
Chaffee v. U. S.,
908
37. Certificate books of canal collectors when not
admissible.
Idem,
908
EXCEPTIONS.

523
4. The President and Senate, by such treaty.
could lawfully covenant that a patent should is-
sue to convey lands which belonged to the United
States, to an Indian Tribe without the consent of
Congress. Acts of Congress subsequently validated
such treaty.
Idem,
523

5. The condition in the patent from the United
States. that if the Indians abandoned the lands
they should revert to the United States, if valid, is
a condition subsequent, which no one but the
waive, and the sale by the Cherokees to the United
grantor can set up, and which the parties may
States did not constitute an abandonment, within
the condition.
Idem,
523

6. The Cherokee treaty of June 19, 1866, is valid
States, and the sale of the neutral lands to Joy as
and operated to convey the lands to the United
agreed to by the supplemental treaty of Apr. 27,
1868, and the patent issued therefor to him gave
him a valid title.
Idem,

523

7. The treaty with the Chickasaw Indians of
May 24, 1834, granted the land, but the location
had to be fixed before the grant could become op-
erative. A grant raises a presumption that the in-
cipient steps to give it validity have been taken.
Best v. Doe d. Polk,
805

8. The location is, in itself, evidence that the
directions of the treaty on the subject were ob-
served, and it will be presumed that the officers
empowered to make the location performed their
duty.
Idem,
805

9. The certificate of the register of the land of-
fice is evidence of the location of a reserve of the
Chickasaw Indians in an action of ejectment, al-
though not certified by the commissioner of the
general land office.
Idem,
INDORSER.

See BILLS, NOTES AND CHECKS, 1-3.
INFANTS.

See NEGLIGENCE, 1-3.
INJUNCTION.
See ESTOPPEL, 4.

PATENT RIGHTS, .

TAXES AND TAX SALES, 15, 16.

805

3. A policy on the life of another for $3,000, to
cover a debt of $70, is a mere wagering policy.
Cammack v. Lewis,
244

4. The person procuring the insurance and to
whom it was assigned can only hold the policy as
security for what the one whose life was insured
owed him when it was assigned, and such ad-
vances as he might afterwards make on account of
it. Idem.
244

5. The administrator of the person whose life
was insured may recover of the person procuring
the insurance, the amount of the insurance less
such debt and his advances, after such amount has
been paid by the company to the latter.

Idem,

244

6. The receipt by the wife, of one third of the
insurance money, in pursuance of an agreement
made when the policy was taken out does not con-
clude her as a settlement of the matter, so as to
prevent her from recovering the balance of the

Cammack v. Lewis,

244
7. A valid verbal contract for insurance may be
made and can be proved and become the founda-
tion of a recovery when there is no written con-
tract.

Young v. Godbe,

250

3. Interest on an account stated begins to run
at once from the time it is stated.
Idem,
250
4. If there is no statute on the subject, interest
will be allowed by way of damages for withholding
payment of an overdue account.
Idem,

250
5. The plaintiff is entitled to interest from the
commencement of a suit on an account for services.
Where no rate is fixed in the contract and no place
designated for its performance, the rate is that of
the lex fori.

Goddard v. Foster,
INTERNAL REVENUE.

589

1. Where the only question decided by the state
court was, whether an act of the state legislature
(increasing the debt of the state when it already
exceeded the state constitutional limit) was repug.

2. Where there is a complete remedy at law, a
bill in equity must be dismissed. This objection is
jurisdictional, and may be enforced by the court
although not raised by the pleadings nor by coun-
sel.
Oelrichs v. Williams,

43

3. Where the proceeding in equity will save a
multiplicity of suits, or there is an element of
trust in the case, jurisdiction in equity is con-
ferred.
Idem,

43

4. Where the question raised in the state court
was, whether a court held by a judge appointed by
a military government had any jurisdiction under
the Constitution of the United States, and the
question was decided against the privilege claimed
under the Constitution by defendant, this court
has jurisdiction.

Scott v. Eaton,

114

5. Where the decision of the state court was
against the right claimed by the defendant under
the act of Congress, in relation to stamping deeds,
the question, however frivolous, is one of which
this court has jurisdiction.
Hall v. Jordan,
72

6. When a decision holding a contract void is
made by the highest court of a state on principles
of public policy, this court is not authorized to re-
view it.

7. Where this court cannot ascertain the ground
on which the state court decided the case, and it
may have been decided on the form of the remedy
or on the technical insufficiency of the pleading,
the case will be dismissed for want of jurisdiction.
Commercial Bank v. Rochester,

117

8. Where the plaintiff in error claimed in the
state court, that contracts made with the defend-
ants were rendered void by provisions of the Con-
stitution of the United States, and certain acts of
Congress, and the decision of the supreme court of
the state denied this claim, this court has jurisdic-
tion of the case.
118

R. Co. v. Richmond,

9. Where the only question before the state
court related to the interruption of prescription,
and no Federal question is referred to in the rec-
ord, this court has no jurisdiction of the case.
280

Marqueze v. Bloom,

10. To give this court jurisdiction to review the
judgment of a state court, the record must show
that a Federal question was raised, and that it was
decided adversely to the party who has caused the
case to be removed here.
Smith v. Adsit,

310
11. The judgment of the state court respecting
the extent of its equitable jurisdiction is not re-
viewable by this court.
310

Idem,

13. State courts can exercise jurisdiction and
give a remedy for a consequential injury, growing
out of a marine tort (for instance, an act causing
death) where no remedy for such an injury exists
in the admiralty courts.

Steamboat Co. v. Chase,

369

LANDS.

See CONTRACTS, 3-5.
INDIANS, 1-7.
LIMITATIONS, 14.

PRE-EMPTION LAWS, 1-5.

TAXES AND TAX SALES, 23, 24.
TRUSTS AND TRUSTEES, 5-7.

Hedrick v. Hughes,

Idem,

New Orleans v. Gaines,

Idem,

Cofield v. McClelland,

Idem,

Hanrick v. Barton,

350

9. The papers of the original title, from the gov-
ernment grant to the title of possession (called the
espediente), properly belong to the archives of the
General Land Office and include a power of attor
ney from the grantee to obtain the possessory title.
Idem.
10. Certified copies of such papers from the Gen-
350
eral Land Office are admissible in evidence for all
purposes for which the originals could be adduced.
Idem,
11. Land claimed or occupied by the Shawnees
350
was not subject to the location of a Wyandotte
float before it was proclaimed open to pre-emption
and settlement.

Walker v. Henshaw,

365
12. After such land was first opened to pre-emp-
tion and settlement, one who complied with all the
requirements of the pre-emption law, and obtained
the usual certificates of purchase, is equitably en-
titled to the land, and the legal title inures to his
behalf.

Idem,
13. Neither the state of Iowa, nor the railroad
365
companies for whose benefit the grant of 1856 was
made, took any title by that act to the lands then
claimed to belong to the Des Moines river grant of
1846.

1. A vendor of land has an equitable lien for
the unpaid purchase money, unless there has been
an express or an implied waiver of it.
De Cordova v. Hood,

587
2. This lien will be enforced in equity against
cept bona fide purchasers, without notice.
the vendee and all persons holding under him, ex-

Idem,
587
taking the bond, note, check or bill single of the
3. Such a lien is not affected by the vendor's
vendee, or any instrument involving merely his
personal liabilty, nor by renewing such note.

6. The items of expense for towage, pilotage,
custom-house dues, consular fees and medical at-
tendance upon the sailors, stand in the same rank
with the repairs and supplies to the vessel, and a
ly entitled as security to a lien upon the vessel.
person advancing funds for their payment is equal-
discharge and satisfy the original debt.
Drafts are only conditional payments, and do not
683

The Emily B. Souder v. Pritchard,
7. The presumption of law is, in the absence of
fraud or collusion, that, where advances are made
pay for necessary repairs or supplies to enable
to a captain in a foreign port, upon his request, to
bor dues or for pilotage, towage and like services
his vessel to prosecute her voyage, or to pay har-
rendered to the vessel, they are made upon the
credit of the vessel as well as upon that of her
that there should be any express pledge of the ves-
owners. It is not necessary to the hypothecation
sel, or any stipulation that the credit should be
given on her account.