To establish and determine heirship, see De-
scent and Distribution, § 71.

To establish and protect easement, see Ease-
ments, § 61.

To establish boundaries, see Boundaries, §§ 32,
37.

To establish drains, see Drains, § 25.

To establish highways, see Highways, §§ 41-
64.

To foreclose mortgage, see Mortgages, §§ 390-
494.

To procure liquor license, see Intoxicating Liq-
uors, & 74.

To recover bank deposits, see Banks and Bank-
ing, § 154.

To redeem from mortgage sale, see Mortgages,
§ 610.

To sell property of decedent, see Executors and
Administrators, §§ 332–349.

To set aside conveyance fraudulent as to wife,
see Divorce, § 276.

To set aside fraudulent conveyance, see Fraud-
ulent Conveyances, §§ 295–317.

To set aside sale on foreclosure of mortgage,
see Mortgages, § 369.

Particular proceedings in actions.

PREFERENCES.

Affecting validity of conveyance as to creditors,
see Fraudulent Conveyances, § 115.

PREJUDICE.

Appeal by counsel to prejudice of jury, see
Criminal Law, § 723.

Ground for reversal in civil actions, see Appeal
and Error, §§ 1026-1073.
Ground for reversal in criminal cases, see Crim-
inal Law, §§ 1166-1171.

PRELIMINARY EVIDENCE.

Proof of execution, and authentication of docu-
ments offered in evidence, see Evidence, $$
370, 372.

PRELIMINARY INJUNCTION.

See Injunction, § 175.

PREMATURE ENTRY.

Of order appointing administrator, see Execu-
tors and Administrators, § 20.

PREMATURE JUDGMENT.

See Abatement and Revival; Affidavits; Con-
tinuance; Costs; Damages, §§ 145-217; Dep-
ositions; Dismissal and Nonsuit; Evidence;
Execution; Judgment; Judicial Sales; Ju-
ry; Limitation of Actions; New Trial; Par: See Interpleader, § 33.
ties; Pleading; Removal of Causes; Trial;
Venue.

Examination of witnesses, see Witnesses, §§
240-290.

Instructions to jury, see Trial, §§ 191-296.
Notice of pendency of action, see Lis Pendens.
Settlement, signing, and filing of bill of excep-
tions, see Exceptions, Bill of, §§ 40-59.
Transfer of causes from one state court to an-
other, see Courts, § 488.
Verdict, see Trial, § 365.

Particular remedies in or incident to actions.
See Attachment; Depositions; Injunction.

Procedure in criminal prosecutions.
See Arrest, § 70; Bail. §§ 42, 74; Criminal
Law; Indictment and Information; Jury;
Pardon.

Habeas corpus proceedings, see Habeas Corpus.
Procedure in exercise of special or limited juris-
diction.

Bankruptcy, see Bankruptcy.
Equity, see Equity.

Justices' courts in civil cases, see Justices of
the Peace, §§ 84, 91.

Probate and administration, see Courts. § 202;
Executors and Administrators, $$ 20, 332-
349; Guardian and Ward, §§ 160-165.
Procedure in or by particular courts or tribu-
nals.

See Courts; Justices of the Peace, §§ 141-157.
Courts of appellate jurisdiction in particular
states, see Courts, § 231.

Probate courts, see Courts, § 202.

PREMATURE TRIAL.

See Trial, 5.

PREMIUMS.

Insurance premiums, see Insurance, §§ 183,
188.

PREROGATIVE WRITS.

See Certiorari; Habeas Corpus; Mandamus.
PRESCRIPTION.

See Limitation of Actions.
Establishment of street, see Municipal Corpo-
rations, § 648.
Physicians' prescriptions, sale of intoxicating
liquor on prescription, see Intoxicating Liq-
uors, § 155.

PRESUMPTIONS.

In civil actions, see Evidence, §§ 67-83.
On appeal or writ of error in civil actions, see
On appeal or writ of error in criminal prosecu-
Appeal and Error, §§ 907-934, 1031.
tions, see Criminal Law, §§ 1141, 1144.

See Fraud.

PRETENSE.

PRETERMISSION.

United States Supreme Court, see Courts, 8 See Descent and Distribution, § 47.

394.

For instructions, see Criminal Law, §§ 829, of goods sold, see Sales, § 348.
830; Trial, §§ 255-260.

PRINCIPAL AND AGENT.

See Master and Servant.

Regulation of sale of real property by agent as
infringement of liberty to choose occupation,
see Constitutional Law, § SS.

Agency in particular relations, offices, or oc- Authority of attorney, see Attorney and Client,
cupations.

See Attorney and Client; Brokers; Factors.
Corporate agents, see Corporations, § 355.
County agents, see Counties, § 80.
Municipal agents, see Municipal Corporations,
§ 214.

I. THE RELATION.

Brokers, see Brokers, §§ 10, 11.

(A) Creation and Existence.
Public policy affecting power of attorney to
appoint agents with power to appoint other
agents, see Contracts, § 108.

§ 19. Agency is a fact proof of which must
be made by the party affirming it.-Bell v. State
(Ark.) 1020.

§ 104.

§ 119. To show that plaintiff held title to
notes sued on, indorsed, and transferred by one
as agent of the payee, it is essential to prove
the indorser had power to dispose of them.--
Scotland County Nat. Bank v. Hohn (Mo. App.)
539.

(C) Unauthorized and Wrongful Acts.
Liability of municipal corporation for torts of
officers and agents, see Municipal Corpora-
tions, $$ 745, 747.

(D) Ratification.

Of libel, see Libel and Slander, § 28.

§ 169. The owner of land held to have rati-
fied his agent's act in employing a broker to sell
§ 20. Any evidence tending to establish agen- it so as to make himself liable for commissions.
cy is admissible to prove agency.-Bell v. State-Dockery v. Maple (Tex. Civ. App.) 631.
(Ark.) 1020.

104.

(E) Notice to Agent.

§ 20. In view of Negotiable Instruments Act
(Laws 1905, p. 246 [Ann. St. 1906, § 463-191) Notice to attorney, see Attorney and Client, §
19. held, that an agency with authority to in-
dorse notes may be proved as agency is proved
in other cases, and by written authority.-Scot-
land County Nat. Bank v. Hohn (Mo. App.)

539.

(F) Actions.

Competency of party or person interested to
testify against principal as to transactions
with deceased agent, see Witnesses, § 154.

$ 190. Evidence held insufficient to show that
a contract for the sale of goods to defendant
by plaintiff was obtained by fraud of plaintiff's
agent.-Mutual Mfg. Co. v. Charles Moore &
Co. (Ky.) 267.

· PRINCIPAL AND SURETY.

See Guaranty; Indemnity.

Sureties on bonds for performance of duties of
trust or office.

See Sheriffs and Constables, § 157.
Court commissioners, see Deposits in Court,
§ 8.

Sureties on bonds in judicial proceedings.
See Bail; Replevin, § 126.

II. NATURE AND EXTENT OF LIA-
BILITY OF SURETY.

$ 64. An agent to collect has no authority to
receive anything but money, nor can he com
$ 59. The contract of a surety is to be strict-
pound a debt or commute it for his own debt.ly construed, and cannot be extended beyond
Zang v. Hubbard Building & Realty Co. (Tex. the fair scope of its terms.-City of Kirkwood
Civ. App.) 85.
v. Byrne (Mo. App.) 810.

§ 64. An agent to collect rent and pay it
over has no authority to expend the rent in re-
pairs on the premises, and such repairs are no
defense to an action for the rent so collected.-
Dowlen v. C. W. Georgs Mfg. Co. (Tex. Civ.
App.) 931.

§ 74. If defendant, when solicited by two
persons to subscribe a sum to erect a building,
stated to them, "If you need money, put me
down for a share," either of them had the right
to sign his name to the subscription.-Baskett v.
Ohio Valley Banking & Trust Co. (Ky.) 1066.

$ 75. A surety guarantying the payment of
rent held discharged from liability for the fail-
ure of the landlord to comply with the lease.-
Berman v. Shelby (Ark.) 124.

III. DISCHARGE OF SURETY.

On bail bonds, see Bail, § 74.

rial and unauthorized alteration of his contract.
$99. A surety held discharged by any mate-
-Berman v. Shelby (Ark.) 124.

§ 99. A surety is discharged by a valid agree-
(B) Compensation and Lien of Agent. ment made without his consent, varying the
Brokers, see Brokers, §§ 40-67, 85–88.,
original contract in any material particular,
whether the change be to his benefit or preju-
III. RIGHTS AND LIABILITIES AS TO dice.-Zang v. Hubbard Building & Realty Co.

THIRD PERSONS.

Liability of master for injuries to third per-
sons by acts or omissions of servants or inde-
pendent contractors, see Master and Servant,
$$ 302, 305.

(Tex. Civ. App.) 85.

$ 100. Under the terms of a building con-
tractor's bond, the sureties held not discharged
by a subsequent agreement that the president
of the contracting company should pay it the
first installment of the price, and receive a cred-
it therefor in satisfaction of his personal debt
Admissibility of power of attorney, see Evi- to the owner.-Zang v. Hubbard Building &
dence, § 370.
Realty Co. (Tex. Civ. App.) 85.

(A) Powers of Agent.

§ 161. In an action on a building contract-
or's bond, evidence held to warrant an infer-
ence that the president of the contractor actu-
ally applied out of his individual funds $600 See Courts, § 202.
to the expense of the construction of the build-
ing received by him as a credit on indebted-
ness owing by him personally to the owner.-

Zang v. Hubbard Building & Realty Co. (Tex. To sustain judgment, see Judgment, § 17.
Civ. App.) 85.

Constitutional guaranty of right to acquire,
hold, and dispose of property, see Constitu-
tional Law, § 87.

Defense of property as justification of homicide,
see Homicide, § 124.

Description in deed, see Deeds, § 119.

Evidence of value or market price, see Evi-
dence, §§ 113, 142.

Exemptions, see Homestead, § 68.

Subject of assessment for municipal improve-
ments in general, see Municipal Corporations,
§ 422.

Subject of sale under order of court, see Exec-
utors and Administrators, § 329.

Of particular classes of persons.

Sale of property of decedent, see Executors and
Administrators, §§ 329-383.
Taking for public use, see Eminent Domain.
Offenses against or involving property.
See Burglary; Larceny; Malicious Mischief;
Nuisance.

§ 4. "Chattels real," "chattels personal," and
"freehold" defined.-Orchard v. Wright-Dalton-
Bell-Anchor Store Co. (Mo.) 486.

PROPOSITIONS.

Accompanying assignment of errors, see Appeal
and Error, § 742.

PROSTITUTION.

See Insane Persons, § 61; Railroads, § 72.
Infants, see Guardian and Ward, §§ 38-63.
Married women, see Husband and Wife, §§ 193, See Disorderly House.

198.

Of bill or note, see Bills and Notes, § 422.
PROVINCE OF COURT AND JURY.
See Criminal Law, 88 741-764; Trial, §§ 139-
143, 191-194.

PROVISIONAL REMEDIES.

Remedies involving or affecting property.
See Attachment; Ejectment; Execution;
Fraudulent Conveyances; Interpleader; Ju-
dicial Sales; Lis Pendens; Marshaling As- See Attachment; Bail; Injunction.
sets and Securities; Partition; Quieting Title;
Replevin; Specific Performance; Trespass,
$$ 19-68; Trespass to Try Title; Trover and
Conversion, § 48.

Actions for unlawful detainer of demised prem-
ises, see Landlord and Tenant, § 292.
Bankruptcy proceedings, see Bankruptcy.
Condemnation proceedings, see Eminent Do-
main, §§ 166-222, 275, 300.

Conveyances, contracts, and other transactions
between husband and wife, see Husband and
Wife, § 48.

Enforcement of landlord's lien, see Landlord
and Tenant, §§ 258, 262.

Enforcement of liens in general, see Liens, 8

22.

Enforcement of mechanics' liens, see Mechanics'
Liens.

Establishment and enforcement of right of ex-
emption, see Homestead, § 186.

Establishment of boundaries, see Boundaries, §§
32, 37.

Foreclosure of mortgages, see Mortgages, $8
331-369, 390-494.

Forfeiture for violation of liquor laws, see In-
toxicating Liquors, § 250.

Injuries to property, damages, see Damages, §
113.

Recovery of deposits, see Banks and Banking,
$154.

Redemption from mortgage sale, see Mortgages,
§ 610.

Setting aside conveyance fraudulent as to wife,
see Divorce, § 276.

Setting aside mortgage sale, see Mortgages, §
369.

PROVOCATION.

Element of manslaughter, see Homicide, §§ 45-
Of attack as affecting right of self-defense, see
51.
Homicide, § 113.

PROXIMATE CAUSE.

Of injuries at railroad crossing, see Railroads,
$335.
Of injury at railroad crossing, see Railroads, §
Of injury to servant, see Master and Servant,
Of injury to passenger, see Carriers, § 305.
§ 247.

337.

PUBLIC AMUSEMENTS.

See Theaters and Shows.

PUBLIC ASSEMBLAGE.
Disturbance, see Disturbance of Public Assem-
blage.

PUBLIC CORPORATIONS.

See Counties; Municipal Corporations.
Levee districts, see Levees, § 5.

PUBLIC DOCUMENTS.

Competency as evidence, see Evidence, §§ 325,
331.

PUBLIC DOMAIN.

Setting aside transfer in fraud of creditors or
subsequent purchasers, see Fraudulent Con- See Public Lands.
veyances, §§ 295-317.

Transfers and other matters affecting title.

See Adverse Possession; Chattel Mortgages; See States, § 132.
Deeds; Descent and Distribution;

Mortgages; Partition.

Dedication to public use, see Dedication.
Sale, see Sales; Vendor and Purchaser.

PUBLIC FUNDS.

Gifts;

PUBLIC GRANTS.

See Public Lands.

Dedication of property, see Dedication.

Eminent Domain.

Estoppel to deny title to lands, see Estoppel, Taking property for public use in general, see
62.
Matters concluded by judgment establishing
land certificate, see Judgment, § 742.
Presumption of authority to execute grant, see
Evidence, § 83.

$151. Under Ky. St. § 4704 (Russell's St. §
2758a3), providing that none but vacant lands
shall be subject to appropriation, a void survey
held not to render the land not vacant.-Collins-
worth v. Bevens (Ky.) 1060.

$175. Act April 15, 1905 (Laws 29th Leg.
c. 103) § 2, relating to the giving of notice as to
land which becomes subject to sale by the ter-
mination or cancellation of a lease, construed
in view of section 3, held not applicable to land
which must be surveyed before it can be sold,
under section 8, so that failure to give notice,
as provided in section 2, would not affect the
validity of a survey and sale of such land, un-
der section 8.-Meador v. Robinson (Tex.) 564.

V. SPANISH, MEXICAN, FRENCH,
AND RUSSIAN GRANTS.
Presumptions as to execution of grants, see Evi-
dence, § 83.

PUBLIC WATER SUPPLY.

See Waters and Water Courses, §§ 206, 209.

PUBLIC WAYS.

See Highways; Municipal Corporations,
646-706.

PUBLIC WORKS.

See Counties, § 113; Drains; Levees; Munici-
pal Corporations, §§ 284-567.

PUBLIC WORSHIP.

Disturbance of, see Disturbance of Public As-
semblage.
PUNISHMENT.

See Pardon.

PUNITIVE DAMAGES.

See Damages, § 91.

PURCHASERS.

§ 203. A Spanish grant held not void be-
cause of insufficient description of the land
granted.-Flores v. Hovel (Tex. Civ. App.) 606.
$209. Where a Spanish grant vested in the See Sales; Vendor and Purchaser.
grantee, an estate in fee, persons claiming ti-
tle as heirs of the grantee need not show that
he never forfeited the land.-Flores v. Hovel
(Tex. Civ. App.) 606.

$209. A Spanish grant held to vest a per-
fect title in the grantee subject to conditions
subsequent.-Flores v. Hovel (Tex. Civ. App.)

606.

See Statutes.

PUBLIC LAWS.

PUBLIC NUISANCE.

See Nuisance, §§ 59-75.
PUBLIC OFFICERS.

See Officers.

PUBLIC POLICY.

Validity of contracts, see Contracts, § 108.
Validity of contracts of employment, see Master
and Servant, § 69.

PUBLIC REVENUE.

See Internal Revenue; Taxation.

PUBLIC SALES.

See Judicial Sales.