V. RIGHTS AND LIABILITIES OF Purchasers at execution sales, see Execution, 8 290. Purchasers at sales on foreclosure of mortgages, Purchasers at tax sales, see Taxation, § 734. (C) Bona Fide Purchasers. $137. Where an option contract for sale $229. Where at the time a purchaser acquir- § 230. Recital in deed after description of (D) Payment of Purchase Money. § 169. Where a vendor took the vendee's note 20. $231. Under Rev. St. 1899, §§ 923, 924 (Ann. 231. A recorded deed is constructive notice held to show that plaintiff when he purchased 8 231. To be constructive notice it would VI. REMEDIES OF VENDOR. (A) Lien and Recovery of Land. Lien on railroad right of way, see Railroads, § § 231. A recorded deed held not to charge 157. Priority of receiver's certificate over vendor's § 251. A vendor who has parted with the 633. § 258. In a suit on vendor's lien notes, plain- § 261. A vendor's lien may be assigned.- security for other indebtedness has no lien on § 266. By agreeing to waive his lien, a ven- V. § 279. Where a vendor accepted a note as § 7. Under a contract for the sale of lumber, whether considered as executed or executory, held, that there was no obligation to be performed in H. county which was breached by the buyer's refusal to order and receive the remainder of the lumber so as to place the venue of a suit in that county under Rev. St. 1895, art. 1194, subd. 5.-Ogburn-Dalchau Lumber Co. v. Taylor (Tex. Civ. App.) 48. to sue the drawer in the county of his residence and join the drawees who resided in another county in such suit.-Vaughn v. Farmers' & Merchants' Nat. Bank of Alvord (Tex. Civ. App.) 690. § 22. If plaintiff bank or its officers acted in good faith in taking bills of exchange, its right to sue the drawer and drawees who resided in different counties in the county of the drawer's residence was not defeated by the fact that the drawer had an undisclosed purpose of conferring jurisdiction on the district court of his county in case a contest over the matter arose. -Vaughn v. Farmers' & Merchants' Nat. Bank of Alvord (Tex. Civ. App.) 699. III. CHANGE OF VENUE OR PLACE does not affect the court's jurisdiction.-Little § 71. An application for a change of venue Tarkio Drainage Dist. No. 1 v. Richardson (Mo.) 1021. § 22. Under Rev. St. 1895, art. 1194, par. 4, the indorsee of a bill of exchange held entitled VILLAGES. 11. Under Civ. Code Prac. § 63, an action See Municipal Corporations. to restrain the State Auditor from issuing a patent held properly brought in the county where he had his office.-Daniel v. New Era Land Co. (Ky.) 108. II. DOMICILE OR RESIDENCE OF § 18. The venue is to be determined by the facts shown by the proof as existing when the action was begun, and not solely by the allegations of the pleading.-Ogburn-Dalchau Lumber Co. v. Taylor (Tex. Civ. App.) 48. VIEWERS. In condemnation proceedings to assess compensation, see Eminent Domain, § 239. VINDICTIVE DAMAGES. See Damages, § 91. VOLUNTARY ASSIGNMENTS. See Assignments for Benefit of Creditors. VOTERS. § 22. The right of plaintiff bank, the indorsee of bills of exchange, to sue in the county of the drawer's residence, though the drawees resided in another county, held not defeated by the See Gaming. mere fact that on nonpayment of the bills they were charged back to the drawer on plaintiff's books.-Vaughn v. Farmers' & Merchants' Nat. Bank of Alvord (Tex. Civ. App.) 690. See Elections. WAGERS. WAGES. Of employés in general, see Master and Servant, $ 80. WAIVER. See Estoppel. Of objections to particular acts, instruments, Errors on appeal or other proceeding for re- Insurance policies, see Insurance, §§ 371-390. Of rights or remedies. Lien of seller, see Sales, § 313. WARNING. Precautions against injuries to servants, see WARNING ORDER. In proceedings for sale of land for taxes, see WARRANT. Authority to rearrest without warrant, see Ar- WARRANTY. Covenants of, performance or breach, see Cove- nants, 100. In insurance policy, see Insurance, §§ 319-366, On sale of goods, see Sales, §§ 261, 270. WATER-CLOSETS. On trains, see Carriers, § 267. WATERS AND WATER COURSES. See Canals; Drains; Levees; Navigable Wa- ters. In cities, injuries from defects or obstructions, Liability for injuries from connection of salt IX. PUBLIC WATER SUPPLY. WASTE. (A) Domestic and Municipal Purposes. pelled to extend mains by a mandatory injunc- (B) Irrigation and Other Agricultural II. NATURAL WATER COURSES. Accrual of cause of action for injuries, see (E) Bed and Banks of Stream. § 93. Evidence held insufficient to show that V. SURFACE WATERS. Instructions on weight of evidence in action 194. 119. A railroad maintaining any part of § 119. In the absence of municipal regula- VIII. ARTIFICIAL PONDS, RESER- Injuries from connection of fresh water with WAYS. Public ways, see Highways; Municipal Corpo- WEAPONS. Opinion evidence of character, see Criminal § 6. Under certain facts, held, there was not § 17. Evidence held insufficient to warrant a WHARVES. § 7. Where a town used a strip of land for WIFE. See Husband and Wife. WILLS. See Descent and Distribution; Executors and Equitable conversion by directions in will, see Validity, construction, and execution of trusts in general, see Trusts. IV. REQUISITES AND VALIDITY. (F) Mistake, Undue Influence, and Fraud. § 159. The undue influence which avoids a will must be its procuring cause and directly connected with its execution.-Miller v. Carr (Ark.) 1068. § 163. The burden is upon contestants to prove that the will was procured by undue influence.-Miller v. Carr (Ark.) 1068. § 166. In an action to set aside a will as procured by the undue influence of testator's son, evidence held not to show any undue influence connected with its execution.-Miller v. Carr (Ark.) 1068. V. PROBATE, ESTABLISHMENT, (F) Parties and Process or Notice. Necessity of joinder of husband in contest of probate by wife, see Husband and Wife, § 207. (K) Review. § 386. Where the evidence was conflicting, a verdict will not be set aside. Gilbert v. Griffith (Ky.) 1104. VI. CONSTRUCTION. Right to curtesy, see Curtesy, § 9. (A) General Rules. 8441. The intent of testator should govern, and, in arriving at such intent, the language of the will must be construed in the light of the surrounding circumstances.-Reuling's Ex'x V. Reuling (Ky.) 151. § 449. A presumption that testator intends not to die intestate held not to authorize the inclusion of other property that could not be brought within the terms of the will as made by testator.-Coleman v. Jackson (Tex. Civ. App.) 1178. $450. The intention of a testator must be ascertained from the whole will.-Armor V. Frey (Mo.) 483; Same v. Holly (Mo.) 495. § 470. Effect should be given to all the clauses of a will if possible.-Armor v. Frey (Mo.) 483; Same v. Holly (Mo.) 495. -Armor v. Frey (Mo.) 483; Same v. Holly (Mo.) 495. (H) Estates in Trust and Powers. Creation, existence, and validity of trusts in general, see Trusts, § 38. Management and disposal of trust property in general, see Trusts, §§ 172, 191. § 686. Where testator gave a life estate to his wife, devising the remainder to a daughter in trust for his son, providing that on the death of the latter without issue his share should revert to his brothers, and the wife died before testator, the son held to take an absolute estate. Reuling's Ex'x v. Reuling (Ky.) 151. VII. RIGHTS AND LIABILITIES OF DEVISEES AND LEGATEES. Payment of legacies and distribution of estate, see Executors and Administrators, § 314. (C) Advancements, Ademption, Satisfaction, and Lapse. 775. A will held not to express intent to prevent lapse of a devise and bequest.-Coleman v. Jackson (Tex. Civ. App.) 1178. $775. To prevent lapse of a devise from the death of the devisee before testator, there must be an unequivocal designation as to what person testator wishes to take the devise.-Coleman v. Jackson (Tex. Civ. App.) 1178. § 775. Where a devisee or legatee dies before testator, the devise or legacy lapses.-Coleman v. Jackson (Tex. Civ. App.) 1178. (F) Legacies Charged on Property, Estate, or Interest. § 820. Will held to charge payment of legacies on the realty if the personalty was insufficient after the payment of debts.-Haldeman v. Openheimer (Tex.) 566. (H) Void, Lapsed, and Forfeited Devises and Bequests, and Property and Interests Undisposed of. § 858. When a devise of land fails because of lapse or because it is void ab initio, the property devolves on the heir as intestate real property.-Coleman v. Jackson (Tex. Civ. App.) 1178. WIRES. § 481. Ky. St. § 4839 (Russell's St. § 3962), Of electric light or power companies, see Elec held enacted for the purpose of making wills effective as to after-acquired property, and to have no bearing on the character of estate devised.-Reuling's Ex'x v. Reuling (Ky.) 151. (C) Survivorship, Representation, and Substitution. tricity. WITHDRAWAL. Of instructions, see Trial, § 296. Of testimony erroneously admitted, see Criminal Law, 1169, WITNESSES. See Depositions; Evidence; Perjury. Comments of trial judge on evidence or witnesses, see Criminal Law, § 656. Experts, see Evidence, §§ 505-528, 536-5432, 558, 570. Opinions, see Criminal Law, §§ 448-459; EvPresumptions from failure to testify or call idence, $$ 471-570. witness, see Evidence, § 77. I. ATTENDANCE, PRODUCTION OF DOCUMENTS, AND COM PENSATION. Absence of witness, ground for continuance, see Continuance, §§ 22, 26; Criminal Law, §§ 595-598. II. COMPETENCY. § 616. It is not necessary in this state that a life estate should be created by express words. Of expert witnesses, see Evidence, §§ 536-5431⁄2. (A) Capacity and Qualifications in Gen- | claimed.-First Nat. Bank v. Pearce (Tex. Civ. eral. § 65. In an action on an accident policy, in- (B) Parties and Persons Interested in § 88. A person is not disqualified to testify IV. CREDIBILITY, IMPEACHMENT, ROBORATION. Continuance to secure impeaching evidence, see Instructions as to credibility, see Criminal Law, (A) In General. § 319. Where a person was a party defend- § 139. Under Rev. St. 1895, art. 2302, a (D) Confidential Relations and Privileged § 198. Certain testimony of an attorney held $ 330. In a prosecution for assault, evidence (B) Character and Conduct of Witness. § 345. A witness held not to be impeached 202. The rule that conversations between III. EXAMINATION. Of expert witnesses, see Evidence, § 558. Review of rulings, see Appeal and Error, 346. In a prosecution for rape, cross-ex- § 346. A witness in a prosecution for murder (A) Taking Testimony in General. § 237. In an action by a mother for delay in § 240. A question asked of a witness held not (C) Interest and Bias of Witness. $372. Great latitude should be allowed in (D) Inconsistent Statements by Witness. § 382. In an action on a note, evidence of $ 383. Variant statements cannot be used to (B) Cross-Examination and Re-Examina- 67. tion. Of expert witnesses, see Evidence, § 558. § 275. In an action by an owner of property § 275. In an action on a note, it was error $387. Great latitude is allowed in the cross- § 388. In order to impeach a witness by For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER |