6. WRONGFUL ATTACHMENT as Defense to Conversion.-A 7. TROVER AND CONVERSION Lien for Freight Charges as 8. TROVER AND CONVERSION-Estoppel to Maintain-Wrong- 9. TROVER AND CONVERSION-Possession of Goods.—If goods TRUST DEEDS. See Building and Loan Associations, 3. TRUSTS. See Charities; Municipal Corporations, 6 USES AND TRUSTS. See Charities. USURY. Rate"-"Contract 1. INTEREST-Usury-"Legal Rate."—A statute relating to usury and using the expression "legal rate of in- 2. USURY-Conflict of Laws.-If a contract is made in one state 3. USURY-Conflict of Laws.-If a contract is not usurious in 4. USURY-Conflict of Laws Mortgage to Secure Loan.-The 5. USURY-Conflict of Laws.-Mortgages on land in one state See Building and Loan Associations. VENDOR AND VENDEE. 1. A PURCHASER of an Equity Gets Only Such Title as the 2. ORAL RESCISSION OF CONTRACT for the Purchase of Land. 3. NOTICE TO PURCHASER.-Actual Possession of Land is 4. CONVEYANCE-Evidence Insufficient to Establish.-Testi- 5. PAROL GIFT OF REAL PROPERTY-Title of the Donee.- See Covenants; Deeds. WAREHOUSEMEN. WAREHOUSEMAN'S Liability as Affected by Capacity and Wealth. The capacity of a warehouseman is not the true test of his liability; and the care required of him is the same, whether he is rich or poor. (Colo.) Denver etc. R. R. Co. v. Peterson, 76. Note. Warehouseman, carrier's liability, when reduced to that of, 84-105. See Common Carriers. WARRANTS. See Bills and Notes, 4. WARRANTY. See Sales. WATERS AND WATERCOURSES. ACCRETION AND RELICTION-Drying up of Shallow Lake. A lake without definite shore line, having an outlet but no definite inlet nor subterranean source of supply, usually grown up with rushes and grass, generally not exceeding five or six feet in depth, and drying up and refilling with the variation of seasons, is not a lake such as to give occasion for the application to the doctrines of accretion and reliction. (Iowa) Carr v. Moore, 292. See Boundaries. WILLS. 1. WILLS-Construction-Contradictory Clauses. Of two contradictory clauses in a will, the first must give way, and the last take effect if both refer to the same subject matter, and the last is clearly inconsistent with the first. (Pa. St.) Phillips' Estate (No. 1), 743. 2. WILLS-Construction-Contradictory Clauses.-If the first and main provision in a will plainly covers the whole subject matter, and is defined in terms that exclude all doubt, and a subsequent subsidiary and contradictory provision may by conjecture be made either general or partial, and may be capable by constuction either of subverting entirely or of modifying the original gift, such subsidiary provision must ordinarily be confined to its partial and restricted operation. (Pa. St.) Phillips' Estate (No. 1), 743. 3. WILLS- Construction — Contradictory Clauses. The first clearly expressed purpose of a testator in his will, is not to be overborne by subsequent modifying directions therein, that are ambigu ous and equivocal, and may justify either of two opposite interpretations. Such directions are to be so construed as to support the testator's distinctly announced main intention. (Pa. St.) Phillips' Estate (No. 1), 743. 4. WILLS Construction of Doubtful Clauses-Intestacy.-In the construction of doubtful or inconsistent clauses in a will, that interpretation must be adopted, if possible, which avoids an intestacy. (Pa. St.) Phillips' Estate (No. 1), 743. 5. WILLS Construction-Contingent Remainders-Executory Devises.—A devise to a person named, "for life, with remainder to her children, share and share alike, the child or children of a deceased child to represent and take the parent's share,' "carries a vested transmissible interest in remainder to the child of the life tenant, and children born to such child during the life of the tenant for life take by way of executory devise. (S. C.) Rutledge v. Fishburne, 757. 6. WILLS-Subsequently Acquired Real Estate.-Under the common law a will passes only such real estate as the testator owned at the time of its execution, but under the Colorado statutes it passes after-acquired realty if such appears to be the testator's intention. (Colo.) Clayton v. Hallett, 117. 7. WILLS-Insane Delusions.-To justify the setting aside of a will on the ground that the testator was possessed of an insane delusion, it must be shown, not merely that he was the victim of such delusion, but also that he was controlled by it in the making of his will, and was led by it to improperly disregard his natural heirs. (Pa. St.) Buchanan v. Pierie, 725. 8. WILLS-Believers in Spiritualism, when testamentary capacity is in question, must be considered in the same light as those who share in any other religious belief. (Pa. St.) Buchanan v. Pierie, 725. 9. WILLS Spiritualism as Avoiding.-The will of one who believes in spiritualism is not, on that account alone, void; nor is it evidence of mental unsoundness. It must be shown, in order to avoid a will on that account, that it was the offspring of such belief. (Pa. St.) Buchanan v. Pierie, 725. 10. WILLS Spiritualism as Avoiding.-A mere belief of the testator that he could, through mediums, communicate with the spirits of the dead, is not sufficient to avoid his will, without proof that he believed or admitted that he was influenced in any way by spirits in making his will, especially when he has amply provided therein or his natural living heirs. (Pa. St.) Buchanan v. Pierie, 725. See Power of Sale. WITNESSES. 1. WITNESSES.—A Wife is not Competent to Testify, in replevin against her husband alone, that the property belongs to her. (Mo.) Layson v. Cooper, 545. 2. WITNESSES.-Conversations Between Husband and Wife a short time before he was shot are inadmissible in an action to recover his life insurance. (Iowa) Sutcliffe v. Iowa State Traveling Men's Assn., 298. 3. WITNESSES.-The Mere Presence of a Physician does not render inadmissible the admissions of a wounded man concerning his suicide, when not made to the physician nor connected with his professional duties. (Iowa) Sutcliffe v. Iowa State Traveling Men's Assn., 298. 4. WITNESSES-Husband and Wife-Res Gestae.-Where a man is shot in the presence of his wife, what he did and said at the time concerning the shooting are considered parts of the res gestae, rather than communications betwen husband and wife, when, in an action on his life insurance policy, it is claimed that he committed suicide. (Iowa) Sutcliffe v. Iowa State Traveling Men's Assn., 298. Am. St. Rep., Vol. 97-72 5. TRIALS Right of Re-examination to Explain Answers Given 6. JURY TRIAL-Instruction Relating to the Interest of a Wit- Note. See Evidence. Witnesses, contracts by to furnish evidence, 145-149. contracts to pay more than the legal fees to, 150, 151. WRIT OF ERROR CORAM NOBIS. 1. A WRIT OF ERROR CORAM NOBIS is Never Granted to Note. Writs of Error Coram Nobis, affidavit or petition for, necessity and assignment of error in proceedings for, 366. court to which returnable, 363. coverture of party as a ground for, 370. demurrer to petition or affidavit for, 367. description of, 363, 364. differences between and writs of error, 363. differences between and writs of error coram vobis, 363, 364. errors at law are not examinable upon, 369. errors of fact appearing on the face of the record do not con- errors of fact constitute the sole ground for, 369. errors of fact relating to the death or disability of a party, 370. in criminal cases to set aside convictions based upon pleas in criminal cases, when available, 371. |