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INDEX TO THE NOTES.

ADVANCEMENT, what is, and how proved, 296.
AFFINITY defined, 797.
AMENDMENT of proof of service of process, 57.
ASSIGNMENT, equitable, what is, 899.
ATTORNEYS, contract of, to share fees is void, 26.

undue influence over client, presumption of, 98.
CHAITEL MORTGAGES, delay in filing for record, 283

recording, actual notice is equivalent to, 283.
recording, effect of, 282, 283.
recording, necessity of, 282.

recording, when complete, 282.
Civil Rights, discrimination against persons because of color, 584.
COXSTITUTIONAL Law, classification of subjects of legislation is permissi.

ble, 782.
general and special laws, what are, within meaning of constitutional

prohibition, 780-789.
general law is one operating in all parts of the state under the same cir.

cumstances, 781.
general law may classify subjects of, 782.
general law, statute which embraces all of a class of persons in like cir.

cumstances is, 781.
municipal corporations, statute applicable to one only, when valid, 785–

789.

municipal corporation, statutes applying to one class of, when valid, 784
provision declaring that laws of general nature shall have uniform

operation, construction of, 781.
provisions forbidding special legislation are mandatory, 780.
provisions forbidding special legislation, whether statute violates, when

a judicial question, 780.
special law, statute relating to particular things and persons out of a

class is, 781, 782.
special legislation, instances of invalid, 788, 789.
statutes classifying municipal corporations, 783, 784.
statutes general in form, but which can never apply to but one county

or municipality, 782.
substance, and not mere form, of the statute must be considered, 781.

uniform operation of laws distinguished from universal, 781.
CORPORATION, deed executed by president, when his personal act, 341.

ultra rires, estoppel against urging defense of, 913.

repcal or modification of charter and franchises of, 148.
Co-TENANTS, conveyance by one in severalty, effect of, 474.
grant by one, of the right to take water from the cominon lands is void,

594, 595.

COVENANTS RESTRICTING USE OF LAND, absence of statement that restriction

is for the benefit of land retained, 489.
changes in condition of property when justifies refusal to enforce, 498.
condition of forfeiture, equity will enforce, notwithstanding condition,

485.
damage for violation not essential to right to enforce, 501.
equity will enforce in favor of original owner, 485.
equity will enforce in favor of owner of any lot into which the tract is

divided, 485.
equity will enforce, notwithstanding condition of forfeiture, 485.
estoppel to enforce, 495-498.
forfeiture for breach of condition, equity will not enforce, 485.
form of, is immaterial, 487.
injunction, mandatory, to compel destruction of buildings erected in vio

lation of, 500.
injunction to restrain breach of, 486.
intended for benefit of land retained cannot be released by original

covenantee, 495.
intent in making, whether inferable from other conveyances, 499.
intent in making, whether inferable from situation of land, 499.
intent of parties in making, whether must be inferred solely from the

deed, 499.
joinder of parties in bill to enforce, 500.
made by vendor are taken most strongly against him, 493.
need not run with the land, to entitle successor in interest to enforce,

487.
not made for benefit of land are enforceable only by parties thereto, 492.
not to build within certain distance of the street, erection of bay-win.

dows, whether violates, 494.
not to erect building on rear of lot, construction of, 494, 495.
notice of fact of covenant and of effect of, distinction between, 491.
notice of restriction, from what inferred, 491.
perpetual servitude, when created by, 484, 485.
personal agreement is enforceable against purchasers with notice, 487.
presumption that covenant is for benefit of land, 489, 491.
refusal of equity to enforce because of changes in condition of lands, 498.
refusal to enforce because not intended for benefit of land, 502-508.
release of, by original covenantee, when inoperative, 495.
restriction upon use of land, right to make and enforce, 485.
restriction upon use of land may be by condition, covenant, reservation,

or exception, 485.
restriction, when presumed to be for benefit of land retained, 489, 491.
restrictive agreement not inserted in deed, whether enforceable, 489.
statement that restriction is for the benefit of land retained, whether

essential, 489.
separate grantees of covenantee, each is entitled to benefit of, 500.
specific performance of, when may be decreed, 485.

successors in title, when bound by, 486.
CRIMINAL Law, arrest, homicide in resisting, 187.

assault with intent to murder, essentials of crime of, 155.
false pretenses, obtaining money or goods by, 265.
intent to kill, from what inferred, 399.
intent or motive of accused, when he may testify to, 318.

CRIMINAL Law, malice is essential to murder, 399.

malice presumed from use of deadly weapon, 399.
murder, instructions as to different degrees of, 187.
murder, instructions to jury upon trial for, what are necessary,

355.
murder, threats of deceased against defer when admissible, 355.
DAMAGES, measure of, agreements, whether may control, 122.

measure of, for breach of contract, 121.
DEFINITION of affinity, 797.

of consanguinity, 797.
of general and special laws, 780, 781.
of malice, 546.
of probable cause, 546.

of res gestae, 178.
DENTISTS, statutes regulating, 310.
Divorce, adultery of plaintiff as a defense, 286.

adultery, proof of, 286.

void because parties are non-residents, 219.
EASEMENT, tenant in common cannot create, 594, 595
EVIDENCE, belief of a party may be proved by himself, 314.

declarations of deceased persons, when admissible, 433.
declarations, when admissible, 178.
good faith or understanding of a party may be testified to by himself,

314.
motive or intent, party may testify to, 314.
of good faith of purchaser, 316.
of intent of party in doing act claimed to be criminal, 318.
of intent of party in making a contract, 317.
of intent of party in making or accepting a transfer, 316.
of intent of party in prosecuting another, 316.
of intent respecting dedication of land, 317.
of intent with which act was done, 317.
of previous accidents, whether admissible to show negligence, 332.

res gestae, what are, 178.
EXECUTION, exemption of property of citizens of another state, 152.
garnishinent of debt in one state exempt by the laws of another, 162

See REDEMPTION.
FENCES, malicious erection of high, whether may be enjoined, 512
FIDUCIARY RELATIONS, undue influence presumed from, 101.
GUARDIAN, undue infinence over ward, when presumed, 101.
HOMESTEAD, excess over amount allowed, execution sale of, 30.

partition of, will not be ordered, 29.

survivor's right in, 29.
HUSBAND, undue influence over wife, whether presumed, 102.
INSURANCE, bailee has an insurable interest, 720.

oral agreement for, 883.

premium, payment of, not essential to, 883.
Intent, party may testify to his, 314-319.

party's testimony as to his, not conclusive, 315.

prosecution, party may testify to his intent in, 316.
Joint DEBTORS, release of one, when releases the other, 715.

JUDGMENTS, jurisdiction, whether depends on fact of service of process of

upon the proof of such service, 56.
service of process, proof of, whether may be amended, 56, 57.
JURISDICTION, ad damnum clause, amendments of, 621, 622.

ad dannum clause in complaint, whether determines, 618.
allegation of complaint, whether controls, 618.
amount in controversy being in excess of jurisdiction, case must be dis-

missed, 620.
amount in controversy, error respecting, will not divest jurisdiction,

620.
amount in controversy, fraudulent statement of, 619.
amount in controversy, how determined, 618-621.
amount in controversy in action on bond is the sum claimed, not the

penalty of the bond, 619.
amount in controversy in attachment proceedings not determined by

value of property attached, 619.
amount in controversy is deemed to be the principal sum, exclusive of

interest, 620.
amount in controversy is the aggregate of several distinct items, 619.
amount in controversy is the damages claimed, not those suffered, 619.
amount in controversy, reducing, to bring the claim within jurisdiction,

620.
set-off in excess of, 621.
splitting entire transaction or account to give, 621.

voluntarily remitting part of claim to bring case within, 621.
LANDLORD AND TENANT, covenant against assigning, partial waiver of, 588.

covenant against assigning, waiver of, removes restriction forever, 588.

covenant restricting use of premises to specitied purposes, 588.
LIBEL, commercial agencies, publications of, when not privileged, 524.
Malicious PROSECUTION, what essential to maintain action for, 546.
MARRIED WOMEN, executory contracts of, are void, 83.
MERGER, change in form of action does not avoid, 216.
MORTGAGE to secure payment of several notes, proceeds of sale, how to be

applied, 604.
MUNICIPAL CORPORATIONS, delegation of powers to, by the legislature, 373.

gift of a fund for support of the poor of, is invalid, 758–758.
liability of, for neglects of their officers, servants, or agents, 469.

power of, to borrow money, 373.
NEGOTIABLE INSTRUMENTS, recital of consideration, whether affects indorsee

with notice of its failure, 516.
NOTARY PUBLIC, sureties on bond of, when answerable for his negligence,

413.
NUISANCE, cause of action for, when accrues, 426.

lapse of time will not legalize, 426.
PERPETUITY, bequest of a fund to be kept for the support of the poor

town is, 754.
PRESUMPTION of undue influence against one made a legates to the exclusion

of heirs, 95, 96.
of undue influence against priests, attorneys, and religious advisers, 95.
of undue influence arising from confidential relation of testator and

legatee, 94.

of

PRIESTS, ondue influence of, when presumed, 95.
PROM ISSORY Note, payee, name of, may be in blank, 438

what constitutes, 436.

RAILWAY CORPORATIONs, public obligations of, cannot be escaped, 179.
RAILWAYS, depot grounds, whether must be inclosed, 289.

fences and cattle-guards, duty to maintain, 289.

sleeping-car companies, liability of, 647.
REDEMPTION from foreclosure sales, 245–247.

from foreclosure sales, heirs of deceased mortgagor may redeem, 248.
from execution sales, assignee of an equity of redemption may redeem,

247.
by dowress, 248.
creditors without a lien may not redeem, 245.
defendant may redeein, though he retains no interest, 244.
equity will not aid one who has failed to exercise his right in time, 244.
grantee of defendant, effect of redemption liy, 244.
grantee of judgment debtor inay redeem, 244.
judgınent creditor cannot redeem from sale made to pay his claim and

others, 245.
judgment creditor of a mortgagor may redeem, 247.
judgment creditor, when may redeem, 245.
junior mortgagee may redeem froin sale made under senior mortgago,

247.
mortgagee cannot redeem from junior mortgage, 246.
mortgagor may redeem, though he had no title to the mortgaged prem.

ises, 246.
mortgagor's assignee niay redeem, 246.
remaindermen may redeem, 248.
right of, can only be exercised by one for whose protection it is neces.

Bary, 246.

strangers may not redeem, 245.
strict compliance with statute is essential to, 249.
tenant in common, right of, to redeem, 248.
trustees of absent debtor may redeem, 245.

tenant for life or for years may redeem, 248.
RELEASE of one of several joint debtors, 715.
SLANDER, words actionable per se, instances of, 305.
SPIRITUAL ADVISER, undue influence of, when presumed, 95.
STATUTE OF LIMITATIONS, absence from state, exception of, whether applies

to one never within state, 810.
absence from state, temporary, whether suspends, 810.
absence froin state when cause of action accrues, 809.

amendinent of complaint after action is barred by, 344.
STATUTES are special which apply only to a number of individuals selected

out of a class to which they belong, 780.
general and special, distinction between, 780.
general, defined, 780.
invalid, because violating constitutional prohibition against local or

special laws, 780-789.
special, statute suspended in one locality, when is, 780, 781.
Trusts, defined, beneficiary is essential to validity of, 755.

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