INDEX. ABATEMENT. FORMER SUIT. 1. Plea of prior suit for the same cause-requisites of the plea, as to the pendency of such suit. A plea to a bill for divorce, showing that prior to the filing of the same the complainant had exhibited her bill for a divorce in another court, alleging as cause therefor the same matters as in the latter bill, is bad on demurrer, if it fails to show that the former suit is still pending. Johnson v. Johnson, 611. ABSENCE. VALIDITY OF MARRIAGE. 1. Presumptions in respect thereto-long continued absence of former husband. See MARRIAGE, 1 to 4. DEATH OF ABSENT PERSON. 2. Presumption from long continued absence-evidence. See DEATH, 1, 2, 3. ACCRETIONS. LANDS BORDERING UPON A RIVER. was. 1. Rule of adjustment as between adjacent riparian owners. A tract of land bordering upon the Mississippi river was divided into parcels, some of which subdivisions or lots extended to the river bank, as it then These lots became the property of various persons. Subsequently there were accretions along the river front, and in adjusting the matter of such accretions among the several adjacent riparian owners, it was held, the proper mode was, to measure the entire river front as it was found to be when the lots were laid out, and note the aggregate number of feet frontage, as well as that of each lot; then measure a line drawn as nearly as may be with the middle thread of so much of the stream as lies opposite the shore line so measured; then divide the thread line into as many equal parts as there are lineal feet in the shore line, giving to each proprietor as many of these parts as his property measures feet on the shore line; and then complete the division by drawing lines between the points, designating the lot or parcel belonging to each proprietor both upon the shore and river lines. Kehr v. Snyder, 313. ACKNOWLEDGMENT OF DEEDS. RELEASE OF DOWER. Requisites of certificate of acknowledgment under act of 1853. See CONVEYANCES, 1. ACTIONS. DEATH OF MINOR FROM NEGLIGENCE. 1. Who may sue, and for whose benefit. Where a minor loses his life through the negligence, default or wrongful act of another, the statute giving an action to his personal representative does not limit the right of recovery to his father, or for his benefit, merely because he may have been entitled to his services and earnings. The jury should not, by instruction, be confined in their assessment of damages to the pecuniary loss of the father and mother of the deceased, excluding that of his surviving brothers and sisters. City of Chicago v. Keefe, Admr. 222. See MEASURE OF DAMAGES, 1. AS TO PRINCIPAL DEBT. 2. Effect of being secured by collaterals. The fact that payment of a promissory note is secured by collaterals, does not affect the right of recovery in an action on the note. Crain et al. v. First National Bank of Jacksonville, 516. ASSIGNMENT OF DOWER. 3. Lands held in severally-against whom dowress may proceed. See DOWER, 5. ADMINISTRATION OF ESTATES. LETTERS OF ADMINISTRATION. 1. Revocation of letters of administration on finding a will—as to acts prior to the revocation. Where a will of a deceased person is found and probated after the grant of letters of administration on his estate. such letters will be revoked; but all rights acquired under the letters will be protected. Rebhan v. Mueller, 343. AS TO LANDS OF AN ESTATE. An administrator takes 2. Powers and duties of the administrator. no interest in or to the realty of his intestate. In no event can he take anything more than a mere power, and in the absence of an insufficiency of personal assets to pay debts, he has nothing whatever to do with it. Harding v. Le Moyne et al. 65. SALE OF LANDS TO PAY DEBTS. 3. Prerequisites to the right under act of 1857. Under the act of 1857, it is essential to the right of an administrator to apply for an order to sell real estate to pay debts, and to the jurisdiction of the court to grant such order, that it shall be made to appear by the petition that the personal estate of the testator or intestate is insufficient to pay the just |