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§ 1. Constitutional requirements and Incorporated social society whose capital stock restrictions.

is divided into shares is business corporation for Laws 1895, c. 108, § 1, limiting rate of taxa- purposes of taxation, within provisions of Gen. tion on deposits in savings bank, is constitu- Laws c. 45.-In re Newport Reading Room (R. tional. - Somersworth Sav. Bank v. Town of I.) 511. Somersworth (N. H.) 534.

Tax upon mortgage owned by corporation held § 2. Liability of persons and property. not collectible where it would compel nonresiWhere savings bank has complied with Laws dent stockholders to pay proportionately.

In re 1895, c. 108, § 1, it is relieved from further tax Newport Reading Room (R. I.) 511. on bank stock purchased with portion of de- Separate tax upon corporate personal properposits. – Somersworth Sav. Bank v. Town of ty, where resident stockholders are assessed in. Somersworth (N. H.) 534.

dividually upon ownership of stock, is not colOnly that portion of the surplus capital of a lectible.-In re Newport Reading Room (R. I.) bank is subject to taxation which is not in 511. vested in tax-paying property or property ex- V. S. c. 31, $ 583, requiring savings banks empt from taxation.-Mechanicks' Nat. Bank v. doing business within state to pay state tax, City of Concord (N. H.). 704; National 'State held not to apply to bank in process of liquidaCapital Bank v. Same, Id.; First Nat. Bank v. tion.--State v. Bradford Say. Bank & Trust Same, Id.

Co. (Vt.) 349. Pub. St. c. 55, $ 2, exempting real property of a town used for public purposes from taxa- savings banks is based on their deposits, bank

As, under V. S. c. 31, $ 584, franchise tax on tion, does not apply to that portion of a water: in process of liquidation is not liable therefor. works system lying outside the town.-Town of State v. Bradford Sav. Bank & Trust Co. Newport v. Town of Unity (N. H.) 704.

(Vt.) 349. Property and bonds of the United States are not taxable by any state without permission of $ 3. Place of taxation. the United States.-Howard Sav. Inst. v. City ian held taxable at the residence of such guard

Certain property held by a nonresident guardof Newark (N. J. Err. & App.) 654.

ian, and not to the ward in the state, under Acts Tax Law Feb. 23, 1885, providing that owner 1896, c. 120, $ 2.--Kinhart v. Howard (Md.) claiming exemption of United States securities 1040. must furnish list thereof, held complied with by a statement in detail, without statement of

Under Pub. St. c. 56, bank stock of deceased is date of purchase,

where they circulate as money. taxable to administrator in town in which he ---Howard Sav. Inst. v. City of Newark (N. J. resides, and cannot be taxed to heirs in town Err. & App.) 654.

where they reside, since section 26 applies only

to cases where at time of assessment no adminisTaxing officers of state acquired no power to trator has been appointed.-Kent v. Town of tax United States securities under Act Cong. Exeter (N. H.) 607. Aug. 13, 1894, where there has been no subsequent legislation of the state.-Howard Sav. $ 4. Levy and assessment. Inst. v. City of Newark (N. J. Err. & App.) Proceedings on appeal from action of board of 654.

relief considered, and held, that defects therein Tax Law April 11, 1866, as amended May 16, ' were no ground for abating the proceedings.1894, exempts from taxation the property and United States Envelope Co. v. Town of Vernon bonds of the United States absolutely. -Howard (Conn.) 478. Sav. Inst. v. City of Newark (N. J. Err. & Under Gen. St. $$ 3836, 3837, amended by App.) 654.

Pub. Acts 1889, c. 63, providing that capital of Where there is an absolute exemption by stat- company invested in real estate shall be deute, the existence of facts entitling property own- ducted from market value of stock in its returns er to immunity entitles him to have assessment to assessors, only the assessed value of such real set aside, though he gave no notice thereof to estate should be deducted.-In re Dennis (Conn.) assessor. - New Jersey Zinc Co. v. Hancock (N. 545. J. Sup.) 207.

Under Gen. St. $$ 3836. 3837, amended by Debtors of national bank who have secured the Pub. Acts 1889, c. 63, relating to taxation, capidebts by mortgaging realty may deduct the debts tal of a company invested in a lease of land for from the assessed value of the realty.-Myers 999 years is capital invested in real estate.-In v. Campbell (N. J. Sup.) 863.

re Dennis (Conn.) 545. Act March 28, 1895, does not impair the right

Under Gen. St. § 3836, providing for deduction to have debts due national bank, secured by of capital invested in realty from value of cormortgage, deducted from assessed value of the porate stock, held, the deduction should bear the realty.--Myers v. Campbell (N. J. Sup.) 863.

proportion to the value that the entire realty in

vestment bears to net assets.-In re Batterson The fact that a charitable institution pays a (Conn.) 546. salary to its superintendent and his assistant does not affect its character as such, so as to

In estimating net surplus for purpose of valuremove it from the operation of Gen. St. pp. ing shares, held proper not to treat capital stock 3220, 3221.-Paterson Rescue Mission v. High as a liability.-In re Batterson (Conn.) 516. (N. J. Sup.) 974.

Fact that personal estate of deceased was The fact that a charitable institution, in its wrongfully taxed to his heirs does not prevent mortgage, covenants not to apply for any deduc- his administrator, to whom it was legally taxtion because of such mortgage from the taxable able, from maintaining petition for abatement of valuation of the lands

mortgaged, does not affect wrongful assessment.-Kent v. Town of Exeter its right to exemption from taxation, under 3

(N. H.) 607. Gen. St. pp. 3320, 3321.- Paterson Rescue Mis- Determination of state board on appeal of taxsion v. High (N. J. Sup.) 974.

payer from assessment can only be set aside for An association, established and sustained by error at law, and the review will be limited to contributions, which supplies food, lodging, and ascertaining whether there was any evidence beclothing to the needy, requiring work in pay. tion. -City of Elizabeth v. New Jersey Jockey

fore the board on which to base its determinament where possible, and with no element of

private gain, is an association for charitable Club (N. J. Sup.) 207.

. purposes, whose lands and buildings, reasonably Action of board of assessors in increasing the necessary for its use, are exempt from taxation, valuation of taxable property in certain townunder 3 Gen. St. pp. 3320, 3321.-Paterson Res- ships over the valuation made and returned by

cue Mission v. High (N. J. Sup.) 974.

the assessors held invalid, under Gen. St. p. 3309.--Inhabitants of Ridgewood Tp., Bergen ment to that prescribed in section 5.-In re County, v. Coe (N. J. Sup.) 952; Inhabitants of | Delinquent Poll Tax (R. I.) 805. New Barbadoes Tp., Bergen County, v. Same, Id.; Inhabitants of Teaneck Tp., Bergen County, 87; Tax titles. 1. Same, Id.; Inhabitants of Union

Tp., Bergen made at a tax collector's sale is sufficient to dev

That a statement preventing competition was County, v. Same, Id.; Borough of Englewood Cliffs v. Same, feat title thereunder.-Bickford v. Poor (N. H.) Id.

600. A railroad, operated by electricity, used for the § 8. Legacy, inheritance, and transfer purpose of carrying freight only, held not a street

taxes. railway, and hence taxable only by the state Duty of remainder-men to make return of inboard of assessors, under 3 Gen. St. p. 3324.- terest, under Act May 6, 1887 (P. L. 79) $ 3, Hoboken Railroad, Warehouse & Steamship providing for a collateral inheritance tax, deterConnecting Co. v. State Board of Assessors (N. mined, where the property is left to trustees for J. Sup.) 960.

benefit of one for life, and, after her death, to Under Act April 10, 1884 (P. L. 1888, p. 269) others absolutely or for life, or, they being dead $S 1, 2, an elevator, built, owned, and operated to certain others, or to persons whom they may by private parties, is not taxable property used appoint by will.-In re Coxe's Estate (Pa.) 256; for railroad purposes, but is liable to taxation by Appeal of Coxe, Id. the local authorities under the general law reg: 9. Disposition of taxes collected. ulating taxation.-In re Erie R. Co. (N. J. Sup.)

Collector of taxes of the borough of South 976.

Cape May held bound to pay the county colTax upon personal property of corporation is lector, out of the first moneys collected, the not collectible where assessment roll fails to county taxes apportioned against said borough.show that assessment was limited to kind of Ross v. Walton (N. J. Sup.) 430. personal property mentioned in Gen. Laws, c. 45. $ 11.-In re Newport Reading Room (R. I.) 511.

TENANCY IN COMMON. Return by corporation that it has "no ratable $ 1. Creation and existence. personal property," and owns none of the chattels mentioned in Gen. Laws 1896, c. 45, $ 11, by grantor, the parties are tenants in common

Under deed reserving an acre, to be selected is sufficient compliance with Gen. Laws 1896, until partition.-Smith v. Furbish (N. H.) 398. c. 46, § 7.-In re Newport Reading Room (R. I.) 511.

$ 2. Mutual rights, duties, and liabili$ 5. Lien and priority.

ties of co-tenants. In the absence of statute, no lien exists on per- law, to whom property descends previous to its

Under Rev. Code, p. 527, c. 86, § 2, heirs at sonalty for taxes on realty, unless by some ex. being sold, may maintain actions against each ecution process; and its primary liability does other for use and occupation.-In re Journey's not change the rule.-In re Lord & Polk Chem- Estate (Del. Ch.) 795. ical Co. (Del. Ch.) 775.

Purchaser of interest in wild lands held to $ 6. Collection and enforcement have interest in timber cut on such lands, with

against persons or personal prop- out his knowledge, by his co-tenants, although erty.

his deed was unrecorded.-Fleming v. Katahdin In an action to recover tax, resisted on the Pulp & Paper Co. (Me.) 378. ground that defendant was not an inhabitant of R., assessor's records for eight years, showing she was not taxed as an inhabitant of R., held.

TERMS. inadmissible. -City of Rockland v. Farnsworth of leases, see "Landlord and Tenant,” $ 2. (Me.) 681.

Of office, see "Officers," $ 1. Acts of assessors in omitting a tax against an Of partnerships, see "Partnership," $ 1. individual do not conclude a town as to the fact of such person's residence.-City of Rockland v. Farnsworth (Me.) 681.

TESTAMENT. Where collector of taxes of borough has made See "Wills." default in payment to county collector he will be

TIME. chargeable with interest from time of default.Ross v. Walton (N. J. Sup.) 430.

For performance of contract, see "Contracts," Failure of city to inform sureties on tax col

$ 3. lectors' bond of irregularities held not to relieve For taking appeal or suing out writ of error, them from liability. - City of Harrisburg v. see "Appeal and Error,” $ 5. Guiles (Pa.) 48; Appeal of Fleming, Id.

In computation of time within which an act is Mere fact that tax collector did not have a to be done by the court, if the last day falls on warrant held not to relieve his bondsmen from Sunday or a holiday it may be done on the earliliability for uncollected taxes.-City of Harris est succeeding day on which the court can act.burg v. Guiles (Pa.) 48: Appeal of Fleming, Id. Von de Place v. Weller (N. J. Sup.) 874.

Knowledge on part of city officials of city tax collector's previous irregularities imposes no

TITLE. duty on them to inform sureties thereof before they assume obligation of bondsmen.-City of Color of title, see "Adverse Possession." Harrisburg v. Guiles (Pa.) 48; Appeal of Flem- Removal of cloud, see "Quieting Title.” ing, Id.

Tax titles, see "Taxation," 8 7. Sureties on bond of delinquent tax collector of To office, see “Officers," $ 2. a city held not relieved from liability on ground of fraudulent concealment by city officials of

TOOLS. misconduct of collector.-City of Harrisburg v. Guiles (Pa.) 48; Appeal of Fleming, Id.

Liability of employer for defects, see "Master The warrant to be issued for collection of poll

and Servant," $ 3. tax, authorized by Gen. Laws, c. 47, § 6, is that prescribed by section 3.-In re Delinquent Poll

TORTS. Tax (R. I.) 805.

Employés, see "Master and Servant," $ 8. Gen. Laws, c. 47, § 6, provides an additional Particular torts, see "Fraud"; "Malicious Prosremedy for collection of poll tax by imprison- ecution"; "Negligence"; "Nuisance."

TOWNS.

versal.-Heald v. Concord & M. R. R. (N. H.)

77. See "Counties."

Statements in argument by counsel held to f 1. Creation, alteration, existence, and constitute unwarranted inferences of fact.-

political functions. Under Laws 1893, c. 241, city of Laconia hela Heald v. Concord & M. R. R. (N. H.) 77. entitled to unpaid taxes due to town of Gilford

A statement by counsel in his opening which on territory annexed to the city at time of an- advises the jury that the result of a former nexation. Town of Gilford v. Munsey (N. H.) trial was adverse to his opponent is improper, 536.

and cannot be held harmless.-In re Barney's

Will (Vt.) 75. § 2. Government and officers.

That Act July 4, 1838, made selectmen liable $ 4. Taking case or question from jury. for neglect of duty, and that it was repealed by Question of the reasonableness of a by-law is Revision 1842, held not to affect the common-law for the court.-State v. Boardman (Me.) 118. action for such neglect of duty.-Hanlon v. Partridge (N. H.) 807; Donovan v. Same, Id.; Gal- and to direct verdict for defendant, when there

It is not error to deny a motion for nonsuit lagher v. Same, Id.

is some evidence to support petition.-State v.

Collins (N. H.) 495.
TRANSCRIPTS.

Yonsuit should not be granted where reasonOf record for purpose of review, see "Appeal evidence, but case should be submitted to jury.

able conclusion can be drawn either way from and Error," $ 7.

--Gallagher v. McBride (N. J. Sup.) 203.

In ejectment, in the absence of evidence of tiTRESPASS.

tle in plaintiff, it is proper to direct a verdict for § 1. Actions.

defendant.--Scott v. Nickum (Pa.) 437. In an action by a town for trespass quare

8 5. Instructions to jury. clausum on alleged public grounds, the charter of plaintiff, by which it was granted all public error, in the absence of request.-French v.

Failure to charge on particular matters is not grounds, is admissible as evidence of its claim.-error, in the absence of request.-French v. Town of Newcastle v. Haywood (N. H.) 132.

Town of Waterbury (Conn.) 740. The production of a recorded deed to a lot in- cause submitted to the jury, when there is evi

A party is entitled to have his theory of a cluding land which had for many years been dence and pleading to support it.--Lion v. Balused as a public landing, without evidence that timore City Pass. Ry. Co. (Md.) 1015. the grantor was ever in possession of the premises, is insufficient to establish a prima facie ti- It is not error for the court to give instructle to such landing.-Town of Newcastle v. Hay- tions to the jury during the voluntary absence of wood (N. H.) 132.

plaintiff and his counsel.-Rizzoli v. Kelley (N.

H. In trespass q. c. f., where defendant's guilt de-H.) 64. pends on location of land conveyed by deed, evi

Instruction held properly refused under evidence identifying boundaries referred to and fix- dence adduced.—Douyette v. Nashua St. Ry. (N. ing their location is admissible.-Bartlett v. La H.) 104. Rochelle (N. H.) 302.

Instructions, in action for personal injuries A verdict allowing plaintiff loss of rents, etc., against street railroad, as to defect in car, not in trespass to lands occupied by tenants, was er: pleaded, held properly refused. - Douyette v. roneous, such damage not having been specially

Nashua St. Ry. (N. H.) 104. pleaded.--Healey v. Kelley (R. I.) 804.

Instructions requested which give undue

prominence to one side of case need not be givTRIAL.

en, though correct as legal propositions.-Da

vis v. Concord & M. R. Ř. (N. H.) 388. See “Libel and Slander," $ 2; "Reference"; Failure to answer point submitted is not error, "Witnesses."

it being clearly answered in general charge.--Entry of judgment after trial of issues, see Fleming v. Dixon (Pa.) 1064. "Judgment," $ 2.

$ 6. Custody, conduct, and deliberations Probate proceedings, see "Wills," $ 5.

of jury. Right to trial by jury, see "Jury," $ 1.

Additional instructions may be given to the Trial of right to property levied on, see "Exe jury in open court.-Rizzoli v. Kelley (N. H.) cution," § 4.

64. § 1. Course and conduct of trial in gen- What papers should go to the jury is a materal.

ter within the discretion of the trial judge, but Where question asked witness conveys to jury it is error to permit the jury to take with thein information which cannot be properly laid before papers which were not admissible in evidence. them tending to render trial unfair, verdict -In re Barney's Will (Vt.) 75. stands in same position as if illegal evidence had been introduced by error in ruling of court.

§ 7. Verdict. Dow v. Town of Weare (N. H.) 489.

When a jury returns verdict awarding costs,

the court may send it back without reading it to 8 2. Reception of evidence.

attorneys.--Simonds v. Shields (Conn.) 29. Striking out witnesses' answers to questions is not error, when the same answers are given action to recover for the killing of plaintiff's

in

Conflicting general and special verdicts in an to other and proper questions. — Appeal of testate at a railroad crossing considered.-FolTurner (Conn.) 310.

som v. Concord & M. R. R. (N. H.) 134. The admission of books containing life tables, without showing applicability to the facts of the ferent amounts for different elements of damage

Amendment of special verdict comprising difcase, held reversible error.-Kerrigan v. Penn- so as to constitute a general verdict for lump sylvania R. Co. (Pa.) 1069.

sum before the jury was discharged was not In action for slander, exception to certain evi-error.-Jenness v. Jones (N. H.) 607. dence held premature.-Crane v. Darling (Vt.) Material fact relied on should be expressly 359.

found in a special verdict.-Behring v. Somer§ 3. Arguments and conduct of counsel, ville (N. J. Err. & App.) 641.

Statements in argument by counsel which A verdict for $125. "with interest at 6 per were unwarranted by the evidence held to be cent.,” held too uncertain for computation.prejudicial to defendant, and ground for re- Lashua v. Markham (R. I.) 804.

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§ 8. Trial by court.

I tended to be operative as amended.-Collins v. Decision as to the nature of a right of way Steuart (N. J. Ch.) 467. held to be a conclusion of law.-Knowlton v. New York, N. H. & H. R. Co. (Conn.) 8.

§ 3. Management and disposal of trust

property. Where court found that historical work con- Agreement of trust company, pledging proptained objectionable matter not responsive to erty to trustees to secure its obligations, conprospectus, it was not error to refuse to find strued, and authority of trustees determined. that, if such matter was not included, remainder Bank Com’rs v. New Hampshire Trust Co. (N. of work would have complied with contract.-H.) 130. Wales v. Graves (Conn.) 480.

A trust company having invested trust funds Agreement as to certain facts not intended in securities which it had deposited in its savas case stated will not prevent consideration ings department, held not liable to a trustee, subof other facts.-Commonwealth v. Philadelphia sequently appointed, for the full value of the County (Pa.) 336.

securities, where all the securities of the savings

department became depreciated.--Tucker New TROVER AND CONVERSION.

Hampshire Trust Co. (N. H.) 927.

Though trustee for beneficiary purchases prop§ 1. Acts constituting conversion, and erty at partition sale, and sells a part and mortliability therefor.

gages portion thereof, and is surcharged with On the evidence, held, that a landlord was the amount received from the mortgage and not guilty of conversion of fixtures in tenant's sale in excess of the price, the mortgagee obpossession, but owned by a third person, where tains good title by purchase of mortgaged lands the landlord merely gave a supervision over the on foreclosure.-Reid v. Clendenning (Pa.) 500. tenant's business, and took charge of the cash. $ 4. Execution of trust by trustee or by -Tufts v. Park (Pa.) 1079.

court. § 2. Actions.

Evidence held insufficient to show that execuRefusal to deliver property to owner on his de- tors under will in dealing with beneficiaries took mand held only evidence of conversion, and open advantage of the trust relationship existing beto explanation.-Hett v. Boston & M.'R. R. N. tween the parties.--In re Brownfield's Estate H.) 910.

(Pa.) 246; Appeal of Brownfield, Id.

Executors under will authorizing them to pay TRUSTS.

one-sixth of the value of coal under certain lands

to certain named devisees held to occupy to such Creation by will, see "Wills," $ 13. Trust deeds, see "Mortgages."

devisees a trust relation, in determining the

amount of such_value, even before the will is § 1. Creation, existence, and validity.

proved.-In re Brownfield's Estate (Pa.) 246; Assignment of securities not accompanied by Appeal of Brownfield, Id. delivery held capable of being sustained as decla- $ 5. Accounting and compensation of ration of trust.-Collins v. Steuart (N. J. Ch.)

trustee. 467.

Trustee held to have burden of sustaining his Indorsee of note, by taking second mortgage account.- Mintz v. Brock (Pa.) 417. from maker to secure this and other debts, held

$ 6. Establishment and enforcement of not a trustee for the indorser, though he purchases the property at sale under the

first mort

trust.

That decedent made declaration of trust to gage.-Fifth Ave. Bank v. Klause (Pa.) 450.

protect his wife from loss does not entitle her as A conveyance in trust of grantor's estate to cestui que trust to preference above other credtrustees, to manage, pay the income to himself itors in distribution of assets should securities for life, and convey it as he appoints by will, covered by declaration prove insufficient. -Colheld not revoked by a subsequent conveyance by lins v. Steuart (N. J. Ch.) 467. grantor to another than an appointee under the will.-Rynd v. Baker (Pa.) 551.

UNDERTAKINGS. A surety, who obtains from his principal a deed to land worth three times the amount of See "Bonds." the debt, on an express promise to reconvey when his own liability is discharged, and who,

UNDUE INFLUENCE. after selling more than sufficient of the property to pay his debt, deliberately violates his prom- Procuring making of will, see "Wills," $ 2. ise, and refuses to reconvey the balance, is guilty of fraud, and holds the legal title as a mere trustee for his grantor. -Goodwin v. Mc

UNITED STATES. Minn (Pa.) 1094.

Courts, see "Courts," $ 6. Act June 8, 1881, which requires a defeasance to an absolute deed to be in writing, and to be recorded, has no application to such a case, since

USAGES. the parol agreement to reconvey did not turn See "Customs and Usages.” the absolute deed into a mortgage.-Goodwin v. McMinn (Pa.) 1094. That plaintiff, who claimed defendant held cer

USURY. tain money in trust, was not present when the s 1. Usurious

§ 1. Usurious contracts and transacmoney was paid over to defendant, and that

tions. such a trust was not constituted at that time, is

Discounting of notes of a third person at a not material, where an agreement to the trust was entered into by all the parties while the greater rate than 10 per cent. per annum is not

usurious.-Cook v. Forker (Pa.) 560. money was in defendant's hands.-Blackmar v. McLoughlin (R. I.) 804.

VACANCY. Evidence held to warrant finding of jury that a trust had been agreed to.-Blackmar v. Mc- In office, see "Officers,” § 1. Loughlin (R. I.) 804. § 2. Construction and operation.

VACATION. Where declaration of trust was amended after execution, it is to be presumed that it was in- of judgment, see "Judgment,” s 3.

VALUE.

VESTED REMAINDERS.
Limits of jurisdiction, see "Appeal and Error," Creation, see "Wills,” s 11.
§ 1.
VENDOR AND PURCHASER.

VICE PRINCIPALS.
See “Sales."

See "Master and Servant,” $ 4.
Requirements of statute of frauds see "Frauds,
Statute of," $ 2.

VOTERS.
Specific performance of contract, see “Specific see "Elections.”

Performance.' § 1. Construction and operation of con

WAIVER. tract.

See "Estoppel.” Contract construed, and held, that a water Exemption of homestead, see "Homestead," : 1. company clearly made an agreement to sell at of objections to pleadings, see "Pleading,” $ 5.

$ an appraisal, but that the village corporation did not agree to buy at the appraisal, but retained the right to buy, this option to be exer

WASTE. cised after the appraisal.-Farmington Village Corp. v. Farmington Water Co. (Me.) 609. Gen. Laws, c. 268, giving an action of waste

as a remedy for injury to the reversion, does § 2. Performance of contract.

not take away the common-law right to bring Where time is not specified in which to re

an action on the case for waste.-Thackeray v. move an incumbrance, if removed within a rea- Eldigan (R. I.) 689. sonable time, held a sufficient performance of contract.--Cramer v. Mooney (N. J. Ch.) 625.

One in actual possession of portion of tract WATERS AND WATER COURSES. of land under contract of purchase is in con- § 1. Natural water courses. structive possession of it all.-Walker V. Arnold (Vt.) 351.

Where one seeks to enjoin the diversion of a

running stream, the fact of diversion of other Circumstances under which purchaser could waters is immaterial.- New Haven Water Co. not be relieved from payment stated.-Walker v. Borough of Wallingford (Conn.) 235. V. Arnold (Vt.) 351.

Damages awarded lower riparian owners for § 3. Rights and liabilities of parties. obstruction of stream by upper riparian owners

Purchaser of mortgaged land held not bound held excessive.-Weare v. Chase Me.) 900. by terms of unrecorded bonds for reconveyances given to secure future advances of which he had

Comparison adopted by jury in determining no notice.-Bunker v. Barron (Me.) 372.

damages for obstruction to water course held er

( Possession under a deed defectively executed roneous.-Weare v. Chase Me.) 900. is constructive notice of the deed as to one who

Lower riparian owners held entitled to damages claims title by a deed executed after possession. for an obstruction of the natural flow of a stream ---Salvage v. Haydock (N. H.) 696.

by upper riparian owners.-Weare v. Chase A grantee of a purchaser at a foreclosure sale (Me.) 900.

. is not charged with notice of surplus-money pro- In an action to recover damages occasioned by ceedings, commenced after decree, where the defendant's negligence in using a stream as an mortgagee had no notice thereof.-Rutherford open sewer through plaintiff's property, it is not Land & Improvement Co. v. Sanntrock (N. J. error to disallow a witness to state whether or Ch.) 938.

not such sewer was a nuisance in the neighborNotice by a purchaser that a certain person hood.-Owens v. City of Lancaster (Pa.) 559. had an equity of redemption in the land is not An instruction in an action to recover damages notice that the latter had a title adverse to the alleged to have been occasioned by a city's negmortgage.--Rutherford Land & Improvement Co. ligence in using a stream through complainant's v. Sanntrock (N. J. Ch.) 938.

property as a sewer held not misleading.-Owens Grantee is not bona fide purchaser of land v. City of Lancaster (Pa.) 559. held adversely at time of execution of his deed,

2. but takes it subject to equities of party in $ 2, Surface waters. possession.-Sowles v. Butler (Vt.) 355.

Where a street-railway company changed the

flow of surface water, and conducted it under§ 4. Remedies of vendor.

ground in vaults inadequate for the purpose, it A mortgage taken by a guardian on the whole is liable for injury to the property of another property owned by his ward and her brother, caused by an overflow of the vaults.-Lion v. for a part of his ward's moiety in the proceeds of Baltimore City Pass. Ry. Co. (Md.) 1045. a partition sale of the premises instituted by him, operates as a waiver of any vendor's lien.-Mason vaults constructed to carry off surface water,

Where property is injured by the overflow of v. Daily (N. J. Ch.) 839.

the owner of such property is not required to A title is not unmarketable, justifying a refusal notify defendant of the injury before instituting to consummate a purchase, unless the record suit for damages.-Lion v. Baltimore City Pass. title shows something that may lead to a fact Ry. Co. (Md.) 1045. that may disturb the title, or the title depends on a doubtful matter in pais.-Rutherford Land 8 3. Appropriation and prescription. & Improvement Co. v. Sanntrock (N. J. Ch.) Merely buying land upon a running stream, by 938.

a water company, and including said stream in Bond for deed held to reserve lien on products a map of available waters and watersheds of of conveyed premises until whole consideration such company, does not constitute an appropriwas paid, and not to limit it to productions of ation of the waters of said stream, where nothgiven year for installment of that year.—Tur- ing else is done for 20 years.- New Haven Waney v. Gillett (Vt.) 95.

ter Co. v. Borough of Wallingford (Conn.) 235.

9 Priv. Acts, p. 131, $ 58, which authorizes the VERDICT.

borough of Wallingford to take and use the

waters of any stream, lake or pond, in whole or In civil actions, see "Trial," $ 7.

in part within its limits," does not authorize Review on appeal or writ of error, see "Appeal the taking of water already appropriated by anand Error," $ 16.

other corporation. -New Haven Water Co. v. Setting aside, see "New Trial," $ 2.

Borough of Wallingford (Conn.) 235.

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