N. Y. imposes a tax of 5 per cent. upon the value of property passing to any person not within certain degrees of consanguity to the decedent, by will or the intestate laws: Held, that as the law operates alike on all property and persons similarly situated, and the assessment is made by a judicial officer, after due notice and opportunity to be heard, it does not conflict with the fourteenth amendment to the federal constitution.- Wallace v. Myers, (U. S. C. C.) N. Y., 38 Fed. Rep.

184.

16. CONTEMPT-Offensive Language. Where the language used in a paper filed in court plainly constitutes a contempt, the fact that the person committing the offense "did not think nor believe, that those statements were scurrilous, disrespectful, insolent, or contemptuous," etc., does not relieve them from responsi bility for the language they actually used, and it is not for them, nor their counsel, to construe or state the effect of such language.-United States v. Late Corporation, etc., of Latter Day Saints, Utah, 21 Pac. Rep. 524.

17. CONTEMPT. Under Code Civil Proc. N. Y. § 14, relating to contempts punishable civilly, a person who encourages and advises a party not to perform the acts commanded by a judgment is guilty of a contempt under the clause quoted. King v. Barnes, N. Y., 21 N. E. Rep. 182.

18. CONTRACT-Parol Evidence.- Extrinsic evidence is not admissible either to contradict, add to, subtract from, or vary the terms of a written contract.-Stoddard v. Nelson, Oreg., 21 Pac. Rep. 456.

19. COUNTIES-School Lands. art. 7, § 6, relating to county school ing that "each county may sell or in whole or in part," a county is not may also lease, its school lands. Laney, Tex., 11 S. W. Rep. 492.

Under Const. Tex. lands, and providdispose of its lands limited to sell, but Falls County v. De

22. CRIMINAL LAW-Larceny.— In larceny the taking is the gist of the crime, and where there is no direct evidence of the taking, but the proof rests on possession of the stolen property, failure to instruct as to the law of circumstantial evidence is error.- Taylor v. State, Tex., 11 S. W. Rep. 462.

23. CRIMINAL LAW- Murder. On a murder trial, evidence that one separately indicted for the same offense as defendant was arrested some time after the murder, about 500 miles from the place of the crime, is inadmissible, as, if a conspiracy had existed, it had then ended.- Jump v. State, Tex.. 11 S. W. Rep. 461. 24. CRIMINAL LAW-Larceny-Possession. An instruction that "possession of property recently stolen is presumptive evidence of guilt" is error, as tending to lead the jury to believe that the law presumes guilt when recent possession is shown.- Lee v. State, Tex., 11 S. W. Rep. 483.

der trial, where the proof showed that one C fired the fatal shot, and that defendant was present acting in concert with him, evidence of threats made by defendant against deceased, two or three weeks before the killing was admissible in corroboration of the other proof.-McCoy v. State, Tex., 11 S. W. Rep. 454.

27. CRIMINAL LAW-Change of Venue.- Where the court of its own motion, changes the venue in a criminal case, a motion made in the same court, to change to a different county, is properly denied, as the matter may be brought up in the county to which the case is sent.-Thurmond v. State, Tex., 11 S. W. Rep. 451.

28. CRIMINAL LAW-Larceny from Mails.- The two clauses of Rev. St. U. S. § 5467, describe two separate and distinct offenses, viz: (1) Secreting, embezzling, or destroying a valuable letter; and, (2) stealing the contents of such letter. These two clauses should be read disjunctively.- United States v. Wight, (U. S. D. C.) Mich., 38 Fed. Rep. 106.

29. CRIMINAL LAW-Arson. by circumstantial evidence. South. Rep. 805.

-Arson may be proved Whitfield v. State, Fla., 5

30. CRIMINAL LAW-Indictment.--As a general rule, it is sufficient to charge a statutory offense in the words. of the statute, but when a more particular statement is necessary to set forth the facts with requisite certainty, then the particulars must be averred. - State v. Lee, Oreg., 21 Pac. Rep. 455. 31. DEED Under § 2250, of the Code, as construed in Ewing v. Shropshire, 7 S. E. Rep. 554, a conveyance to three daughters, one of them having a child at the time, and the others none, passes an estate in common to the one daughter and her child, and a sole estate in fee to each one of the other daughters.-Beers v. Estill, Ga., 9 S. E. Rep. 596.

Construction.

32. DEEDS-Record. -Where the title to real estate appears of record to be in a testator at the time of his death, and his will is subsequently duly proved in this state, and the lands are conveyed by the devisee to a bona fide purchaser for value, whose deed is duly recorded, the title of the latter will be preferred to that of the grantee in a deed of the same lands, executed by the testator before his death, but recorded subsequently to the deed first mentioned. Lyon v. Gleason, Minn., 42 N. W. Rep. 286.

Evidence herein held

33. DEED-Reformation. not so clear as to exclude reasonable doubt, where plaintiff asked for reformation of deed for a mistake.— First Presbyterian Church v. Logan, Iowa, 42 N. W. Rep. 310.

34. DEED-Mortgage.

A party who takes a mort

gage in the form of an absolute deed is bound to observe the most scrupulous good faith, and, if questioned by a creditor of the mortgagor, or other person having an interest in knowing the fact, he must carefully and truly disclose the true nature of his security. -Geary v. Porter, Oreg., 21 Pac. Rep. 442.

Under Civil

35. DESCENTS AND DISTRIBUTIONS. Code Cal. § 1386, par. 5, a surviving husband of an intestate wife, who left no issue or any of the relatives mentioned, is her sole distributee, though the children and grandchildren of a deceased sister of the intestate survive her.-Ingram's Estate v. Clough, Cal., 21 Pac. Rep. 435.

36. DIVORCE-Condonation. An action for a legal separation on the ground of abandonment, brought by the wife against her husband, cannot be maintained where the uncontradicted testimony shows that about the time the action was instituted the plain 1 and defendant had freely cohabited together as husband and wife.-Dunn v. Dunn, Neb., 42 N. W. Rep. 279.

37. DIVORCE - Custody of Children. Under the facts, children awarded to the wife, who, though the

divorce was granted for her misconduct seemed a proper person to have charge of them.- Luthe v. Luthe, Colo., 21 Pac. Rep. 467.

38. DOWER.- -Code Ga. § 1764, subd. 3, provides that dower may be barred by the election of the widow, within a certain time, to take a child's part of the realty in lieu thereof: Held, that where a widow has elected to take dower she cannot recover an interest in the fee in subsequently discovered realty, though she may have her dower therein. Hamilton v. Phillips, Ga., 9 S. E. Rep. 606. 39. DOWER. Under the "dower act" of Illinois of 1874, giving a widow dower in one-third of all the land of which her deceased husband was seized of an estate of inheritance, at any time during marriage, unless relinquished by her in legal form, the widow of a decedent, who left no lineal heirs, is entitled to dower in all his land, though by the statute of desceents of 1872 she inherits one-half thereof. — Schoot v. Galebreath, Ill., 21 N. E. Rep. 217.

It is a

41. EJECTMENT— Fraudulent Conveyances.good defense to an ejectment that plaintiff's title is derived from a conveyance to her grantor's creditors, one of whom afterwards obtained a judgment, and issued execution under which the land was sold to defendant's predecessor in title. De Guire v. St. Joseph Lead Co., (U. S. C. C.), Mo., 38 Fed. Rep. 65. 42. ELECTIONS AND VOTERS. There is no law authorizing the arrest of a person while offering his ballot at the polls, for any cause relating to his right of suffrage. United States v. Small, (U. S. C. C.) Va., 38 Fed. Rep. 103. 43. EQUITY- Decree.- -A decree is valid and binding between the parties to it and those in privity with them, but it in no manner affects strangers. They can neither be benefited or prejudiced by It.— Savage v. McCorkle, Oreg., 21 Pac. Rep. 444.

and under the judiciary act.- United States v. Buskey, (U. S. C. C.) Va., 38 Fed. Rep. 99.

50. FIXTURES-Chattel Mortgages.- The purchaser of a portable steam-engine and saw-mill, etc., placed them on sills and attached them to stakes driven into the ground, to make them stationary while being operated, and built a shed over them. The seller afterwards brought, and then dismissed, replevin for them. As between the seller and one taking the property from the purchaser in part satisfaction of a debt: Held, that the property was personalty.-Long v. Cockern, Ill., 21 N. E. Rep. 201.

51. FRAUDS - Statute of-Sale. Certain correspondence between the parties: Held, insufficient, as a written memorandum of a contract for the sale of land, for the reason that it contained no description of the subject matter. Taylor v. Allen, Minn., 42 N. W. Rep.

292.

52. FRAUDS-Statute of.- -A bill of exchange drawn at the time of the execution of a lease on real estate for the rent thereon, and which was part of the original agreement to lease, is not, as to the acceptors, who are not parties to the lease, a promise to answer for the debt of another, but an original promise, founded on a valid consideration. Espalla v. Wilson, Ala., 5 South. Rep. 867.

53. FRAUDULENT CONVEYANCES.- Where the debtor remains in possession of property which once belonged to him, and which his creditor seeks to reach as fraudulently transferred, his acts and declarations, while thus in actual possession, tending to characterize his possession, are admissible in evidence against the vendee.-Murch v. Swenson, Minn., 42 N. W. Rep. 290.

54. FRAUDULENT CONVEYANCES. Under Gen. St. Colo. 1883, § 1526, avoiding conveyances "made with intent to hinder, delay, and defraud creditors," a wife may maintain an action to set aside a conveyance by her husband, made with intent to prevent the recovery of alimony, in an action for divorce, though the cause for such divorce did not arise until after the conveyance was made.-Gregory v. Filbeck, Colo., 21 Pac. Rep. 489.

55. GAMING.— If a race was declared off, and neither party was the winner, one betting thereon, could not, independent of the statute, recover of the pool-seller without first demanding the return of his money, as the pool-seller, being an agent for a particular purpose only, is not obliged to seek out the owner of the money and make such return. Jones v. Cavanaug, Mass., 21 N. E. Rep. 306.

56. GARNISHMENT.

-

-Construction of Code Ga. § 3304, as to the time within which a garnishee is required to appear and answer. -Beorden v. Metro. St. Ry. Co., Ga., 9' S. E. Rep. 603.

57. GUARDIAN AND WARD.———————A guardian is not liable for the money of his ward's estate, embezzled by an attorney who, at the time the guardian placed the claim in his hands on which the money was collected, bore a good reputation, though the guardian took from the attorney, who was at the time of the embezzlement insolvent, and so remained, a judgment note, which he made no attempt to collect by legal means.Appeal of Landmesser, Penn., 17 Atl. Rep. 543.

58. GUARDIAN AND WARD-Limitation. An action against the surety on a guardian's bond for the conver. sion of the ward's funds is not barred until the expiration of six years after the ward attains his majority, although the guardian has violated his duty by failing to file an inventory of the ward's estate in his hands, or to report his actions to the court, as such failure gives no cause of action for the conversion of the money. Peelle v. State, Ind., 21 N. E. Rep. 288.

59. HOMESTEAD. Evidence held sufficient to justify finding that the occupancy was with the intention of remaining on the property as a homestead.- Parr v. Newby, Tex., 11 S. W. Rep. 490.

61. INDIANS-Territoriai Courts. Under act Cong. March 3, 1885, when an Indian is charged with committing the crime of murder within a territory, it is improper to indict and try him before the district court of the territory, while sitting for the trial of cases arising under the constitution and laws of the United States.Ex parte Gon-Shay ee, (U. S. S. C.) 9 S. C. Rep. 242.

62. INJUNCTION- Bond. Where injunction is the only relief sought in an action, the party enjoined is entitled, in a suit on the injunction bond, to recover for attorney's fees necessarily incurred in answering and defending the action on the merits. Thomas v. McDaneld, Iowa, 42 N. W. Rep. 301.

A suit in

63. INJUNCTION-Street Improvements. equity cannot be maintained by a lot-owner in any in-corporate city against the officers thereof, to restrain proceedings in the improvement of a street therein on which such lot abuts, upon apprehension that the officer will attempt to charge a part of the expense of the improvement upon the lot.-Sperry v. City of Albina, Oreg., 21 Pac. Rep. 453.

61. INSURANCE-Agent. An agent to procure insurance has no power to cancel a policy without express authority from his principal. -Insurance Co. v. Forcheimer, Ala., 5 South. Rep. 870.

65. INSURANCE- Cancellation. A provision in a policy of fire insurance, that it may be terminated at any time by the company by giving notice "to the person who may have procured this insurance to be taken," does not apply to a case where the person who procured the insurance was the agent of the company to issue it. If susceptible of such a construction, the provision would be contrary to public policy.— Niagara Fire Ins. Co. v. Raden, Ala., 5 South. Rep. 876.

66. JUDGMENT-Collateral Attack. Where it appears that all the defendants to a mortgage foreclosure were duly served with process, and the court made an entry that the parties came by their attorneys, etc., jurisdiction of the parties and subject-matter is presumed, and judgment rendered accordingly is at most voidable, and cannot be attacked collaterally. Bateman v. Miller, Ind., 21 N. E. Rep. 292.

67 JUDGMENT.—A judgment in favor of the widow, in an action by her against her deceased husband's administrators and heirs for land which she alleges was acquired by the husband under a mortgage taken by him to secure her money, is conclusive of her title, though the husband also claimed under another source of title.-Gage v. Downey, Cal., 21 Pac. Rep. 527.

68. JUDGMENT-Set-off. Right to enjoin collection of judgment held by defendant as executor where defendant's intestate owed plaintiff more than amount of the judgment and the estate was insolvent.-Howard v. Randolph, Tex., 11 S. W. Rep. 495.

69. JUDGMENT Equitable Relief. Where one against whom a judgment at law has been rendered has by accident lost the right to apply for a new trial, a court of equity will not grant a motion for a new trial where the evidence upon which the judgment was rendered is not set out, so that the court can see whether the errors complained of are prejudicial. Whitehall v. Butler, Ark., 11 S. W. Rep. 477.

70. JUDGMENT-Justices of the Peace.- -Under Rev. St. Ind. §§ 608, 613, 614: Held, that the lien of a judgment of a justice of which a transcript has been filed continues for 10 years from rendition, and not 10 years from filing the transcript.- Brown v. Wuskoff, Ind., 21 N. E. Rep. 243.

clous prosecution, where the court in which the prosecution occurred had jurisdiction of the subject-matter and of the person, cannot be maintained, unless the prosecution has been terminated by the acquittal of the plaintiff in the action.- Forster v. Orr, Oreg., 21 Pac. Rep. 440.

75. MANDAMUS- Civil Rights. The duty of school authorities not to exclude children from any of the public schools on account of color is a public duty, and, where the purpose of a board of education clearly appears to be to exclude colored children from all the public schools of the city except one, no demand by relator upon the board to admit his children (colored) to one of the other schools is necessary before he can maintain a petition to compel such admittance by mandamus.-People v. Board, Ill., 21 N. E. Rep. 187.

78. MASTER AND SERVANT — Dangerous Machinery.— An employer is not bound to give notice to an employee who is an experienced machinist that the uncovered and plainly exposed gearing of machinery with which he is working is dangerous. Foley v. Pettee Machine Works, Mass., 21 N. E. Rep. 304. 79. MECHANICS' LIENS.- Where a contract for the performance of certain work provides for payment within one year from the completion of the work, the fact that after the execution of the contract the time for payment is extended will not defeat a mechanic's lien under Rev. St. Ill. ch. 82, § 3. - Williams v. Chisholm, Ill., 21 N. E. Rep. 215.

80. MECHANICS' LIENS.- Plaintiff was entitled to a mechanic's lien on a building which was superior to all other liens, but H had a mortgage, which was a prior lien on the land on which the building was situated: Held, under Rev. Code § 2135, that plaintiff was entitled to a decree for the sale of the building as personal property, as against the owner, although the right of redemption of the latter was thereby cut off. Luce v. Curtis, Iowa, 42 N. W. Rep. 313.

of mining claim by metes and bounds, etc.: Held, sufficient, there being no evidence to contradict it. - Hammer v. Garfield Mining & Milling Co., (U. S. S. C.), 9 S. C. Rep. 548.

83. MINES AND MINING.

One may initiate the location of a mining claim through an agent. Schultz v. Keeler, Idaho, 21 Pac. Rep. 418.

84. MORTGAGE-Assignment.- An assignment by a mortgagee, sealed, acknowledged, and recorded, purporting to pass absolutely all his interest in the premises and the debt secured by the mortgage, vests the a signee with all the mortgagee's rights, and not

86. MORTGAGES.- In mortgage foreclosure, the objection that the services on a tenant, whose term has substantially expired, is insufficient, and that a decree pro confesso as to him is erroneous, is available only to him, and not to the mortgagors.- Brown v. Miner, Ill., 21 N. E. Rep. 223.

87. MORTGAGE- Trover and Converson. Where one who has taken the legal title of goods to secure himself as surety on the owner's bond, but has never been in possession, attempts to transfer the goods to another before a breach in the condition of the bond, his attempted transfer amounts only to a waiver of his lien, without passing any title to his transferec. Comley v. Dazain, N. Y., 21 N. E. Rep. 135.

88. MORTGAGES-Foreclosure. A decree of foreclosure against a person alleged to be a subsequent incumbrancer, and who is shown by the pleadings and testimony to have parted with his lien on the property covered by the bill before he was made a party to the suit, and who does not appear to have had any other interest in the property, is erroneous.- Bigelow v. Strin fellow, Fla., 5 South Rep. 816.

89. MUNICIPAL CORPORATIONS - Incorporation. Notice, "for a period of not less than thirty days," required by the general statute for the incorporation of cities and towns is complied with if there be thirty days given by excluding the first and including the last. State v. Town, Fla., 5 South. Rep. 818.

90. MUNICIPAL CORPORATIONS-Defective Streets.The city of St. Paul deposited refuse material in the river, close to and adjoining the end of a graded public street, so that the deposit appeared to be a prolongation and part of the street, and the same was dangerous to any one stepping thereon: Held, that the city might be guilty of such negligence in the premises as to render it liable to any one injured by stepping on the deposit.-Ray v. City of St. Paul, Mian., 42 N. W. Rep. 297. 91. NEGLIGENCE-Dangerous Premises. - Defendants can be held guilty of negligence in maintaining dangerous vault on their own premises in which child, straying there, was killed. Malloy Hibernia, etc., Soc., Cal., 21 Pac. Rep. 525.

-

De

96. NEGOTIABLE INSTRUMENTS - Guaranty. fendants signed on each of certain notes a guaranty to the payee thereof for "the punctual payment of the interest on the above note, and in default of such payment by the promisor we hereby promise to pay the same on demand:" Held, that the guarantors were liable for interest accruing after as well as before maturity of the note, and that separate actions might be maintained against them therefor without including the interest on the principal debt.- King v. Bates, Mass., 21 N. E. Rep. 237.

97. NEGOTIABLE INSTRUMENTS. A note taken in payment of a patent-right, in violation of a statute which makes it a misdemeanor for any person to sell a patent-right without first filing copies of the letters patent, and which does not contain the words "given for a patent right," as required by statute, is good in the hands of one who purchases it in good faith, without notice, before maturity.— Tescher v. Merea, Ind., 21 N. E. Rep. 316.

98. NOTARY PUBLIC-Bonds.False certificate of a notary to note and mortgage which proved to be forgeries: Held, to be the proximate cause of the loss and surety on notary's bond was liable.- People v. Butler, Mich., 42 N. W. Rep. 273.

99. NUISANCE.- -The owner of land inay cultivate it in the usual and reasonable manner, without liability to a lower proprietor whose mill pond is injured by the soil being drained into it by reason of such cultivation. Middlesex Co. v. McCue, Mass., 21 N. E. Rep. 230.

100. OFFICE AND OFFICER. Where a statute confers discretion on a public officers, which is exercised by him in good faith, the courts cannot review his action, though based on false reports made by negli gent subordinates. Rubens v. Robertson, (U. S. C. C.) N. Y., 38 Fed. Rep. 86.

101. PARTIES. By Code Iowa, §§ 2513, 2514, on holding the legal title to land may sue in relatio thereto, though she paid nothing for it, and her counsel paid the consideration and had the conveyance made to her without her knowledge. Cassidy v. Woodward, Iowa, 42 N. W. Rep. 319.

103. PLEADING-Statutes.- If counsel entertain the opinion that the provisions of two different statutes are not inconsistent, they may urge them alternatively in their pleadings, as the parties appear to have done in their proceedings, and their right to do so cannot be tested by a dilatory exception. Barber Asphalt Paving Co. v. Gogreve, La., 5 South. Rep. 848. 104. PRACTICE Default. Plaintiff's attorneys lived at a distance from the city where the court was held, and, after filing the petition they wrote to the clerk, requesting him to advise them of all papers which might be filed in the action. The clerk made no response to this, and the attorneys heard nothing from the case until after their clients had been adjudged in default: Held, that plaintiffs had no sufficient excuse for the default.- Williams v. Wescott, Iowa, 42 N. W. Rep. 314.

105. PUBLIC LANDS.

No title, whether perfect or inchoate, to land in California, dependent upon Spanish or Mexican grants, can be of any valdity which has not been submitted to and confirmed by the board of commissioners, provided for that purpose by act Cong.

March 3, 1851, or if rejected by that board, confirmed by the district or supreme court of the United States on appeal. - Botiller v. Dominguez, (U. S. S. C.), 9 S. C. Rep. 525.

106. QUO WARRANTO Officer. In quo warranto, whether brought on the relation of one claiming the office or not, the burden is on the respondent to show that he holds the office rightfully; and it is not enough to show due appointment or election, but for full and complete title he must also show that all the requisites required to qualify him to take possession of the office have been complied with.- State v. Saxon, Fla., 5 South. Rep. 801.

107. QUO WARRANTO. The proceeding under Code Civil Proc. Cal. §§ 802-810, to determine conflicting claims to an office, is substantially equivalent to quo warranto, and is therefore a "case at law," within the meaning of Const. Cal. art. 6, § 4.- People v. Perry, Cal., 21 Pac. Rep 423.

108. RAILROAD COMPANIES- Trespasser.- -One who is injured while attempting to board a freight locomo. tive on a railroad used exclusively for freight, for the purpose of riding thereon, though at the invitation of the conductor of the train, cannot recover from the railroad company.- Files v. Boston & A. R. Co., Mass., 21 N. E. Rep. 311.

n compromising suits to recover property in the interest of the fund, relies entirely upon the suggestions and advice of his attorneys, in whom the court itself has full confidence, the receiver will be held blameless, whether the attorneys acted in good faith or not. United States v. Late Corporation, etc., of Latter Day Saints Utah, 21 Pac. Rep. 507.

111. RECEIVER-Investigation. -On examination of charges against a receiver, directed to his conduct as an officer of the court, the examiner properly excluded questions relating to the conduct and financial condition of the receiver when acting as a private citizen, or in any other capacity than that of receiver. United States v. Late Corporation, etc., of Latter Day Saints, Utah, 21 Pac. Rep. 503. 112. RELIGIOUS SOCIETIES. A corporation of proprietors of a meeting-house, organized under St. Mass. 1840, ch. 62, having no power to tax its members for the support of a minister, has consequently no power to contract for his employment. Downes v. Bowdoin Square Baptist Soc., Mass., 21 N. E. Rep. 294.

-

113. REPLEVIN.- In an action of replevin, when the issues are the ownership, right to the possession, and value of the property, and the wrongful taking by the defendant, a verdict which simply finds for the plaint iff in the sum of $512 will not authorize a judgment in his favor.-Smith v. Smith, Oreg., 21 Pac. Rep. 439.

114. SALE. An action to recover personal prop erty will not be defeated by the fact that before the commencement of the action, but long after demand for the property had been made, defendant transferred the possession of it to his son.- Briggs v. Ewen, Iowa, 42 N. W. Rep. 303.

115. SALE-Warranty.- Upon the discovery of defects in a horse traded for, with warranty of soundness, the purchaser may, after offering to rescind the trade and return the horse, maintain detinue for the property exchanged for the horse, although no fraud is practiced. — Thompson v. Harvey, Ala., 5 South. Rep. 825.

116. TAXATION-Exemption. Act Colo. March 5, 1864, incorporating the Colorado Seminary, does not exempt lands donated to the Seminary, not to be used for the erection of seminary buildings thereon, or for playgrounds or campus, but to be sold, and the proceeds to be devoted to carrying out the purposes of the in

stitution.-County v. Colorado Seminary, Cal., 21 Pac. Rep.

490.

117. TAXATION-"Owner."- The owner of property, for the purpose of taxation, is the person having the legal title or estate thereto or therein, and not one who, by contract or otherwise, has a mere equity therein. Tracy v. Reed, (U. S. C. C.) Oreg., 38 Fed. Rep. 69. 118. TENDER. A tender of money secured by a chattel mortgage, which a purchaser of the mortgaged property testifies he made "unconditionally, and in payment and extinguishment of" the creditor's lien, is bad, as the condition of extinguishment of the lien of the mortgage is attached.- Noyes v. Wyckoff, N. Y., 21 N. E. Rep. 158.

Plaintiff tendered

119. TENDER-Certified Check. to defendant a certified check for the amount which he contended was owing the latter, which was refused for insufficiency in amount: Held that, as the tender did not discharge the debt, and as the check, if accepted, would have only operated as a conditional payment, the failure of the bank pending suit did not relieve plaintiff from the payment of that amount. - Larsen v. Breene, Colo., 21 Pac. Rep. 498. 120. TRUSTS.- Where one collects the bounty of a deceased soldier. which rightfully belongs to the widow, and invests it in lind, the land in his hands is pressed with a constructive trust for the widow's benefit, and is chargeable with an equitable lien for the amount of the bounty and interest. Humphreys v. Butler, Ark., 11 S. W. Rep. 479.

Where the vendee of

121. VENDOR AND VENDEE. land voluntarily abandons his contract of purchase, and becomes the tenant of the vendor, the latter may maintain an action against the former to quiet his title, and to cancel a mortgage given by the vendee to a third person, without first rescinding the contract, and delivering up the vendee's notes for the purchase money.-Snodgrass v. Parks, Cal., 21 Pac. Rep. 429.

122. VENDOR and VendEE-Bona Fide Purchasers.A creditor accepted a conveyance of land from his debtor, agreeing to cancel his debt, and to pay certain other debts of the grantor, which was an adequate consideration for the land. Before paying these debts the creditor had notice that there were other creditors of his grantor: Held, that he was a bona fide purchaser, and took a good title as against such other creditors.— Warren v. Wilder, N. Y., 21 N. E. Rep. 159.

Held that, construing

124. WILL- Construction. all the clauses together, the words "die without heirs of his body" referred to death at any time before or after testator's death, and passed a conditional fee to W, determinable upon his death without lineal heirs.— Summers v. Smith, II., 21 N. E. Rep. 191.

125 WILLS-Probate. Under the statutes of this State the burden of establishing the sanity of a testator is upon him who offers the will for probate. Layman's Will, Minn., 42 N. W. Rep. 286.

Under Code

126. WATERS AND WATER COURSES. Iowa, § 2031, proof merely that for more than ten years plaintiff had kept the water of a stream diverted so as to flow over defendant's land is not sufficient to estab lish a right to continue such use.-Preston v. Hull, Iowa, 42 N. W. Rep. 305.

127. WITNESS-Examination. A party may ask his witness if he has not made statements inconsistent with his testimony, provided the question is not for the sole purpose of impeachment. -White v. State, Ala., 5 South. Rep. 829.

128. WITNESS-Impeachment.- Under Rev. St. Ind. 1881, § 507, allowing the party producing a witness to contradict him by showing that he had made statements different from his testimony, the State may show that a witness, who was called by the State, and testified that defendant did not strike the fatal blow, had stated that he did strike it. Conway v. State, Ind., 21 N. E. Rep. 285.