for the benefit 502 of the complainant within thirty days from the date of the decree, and in default thereof that the said described lot of land, being the separate property of the defendant Anna M. McGill, be charged in equity for the payment of said sums, and shall be sold by a regular master of the court after due advertisement to satisfy the same. For review of this decree the defendants have brought the case here by appeal, and assign as error the overruling of their demurrer to the bill and the rendition of said decree. The order overruling the defendants' demurrer to the bill was proper. The second section of article 11 of our constitution provides among other things that: "A married woman's separate, real or personal property may be charged in equity and sold, or the uses, rents and profits thereof sequestrated . . . for labor and material used with her knowledge or assent in the construction of buildings, or repairs, or improvements upon her property."

The bill in this case makes out a complete case for equitable interposition under this provision of our organic law, and under its allegations there was no other forum to which the complainant could properly have resorted for the relief sought: Smith v. Gauby, 43 Fla. 142, 30 South. 683; Micou v. McDonald, 55 Fla. 776, 46 South, 291.

A great volume of testimony was taken and reported to the court, much of it conflicting, but after a careful review of all of it, we think that the court below in the final decree made has done substantial justice and equity between the parties, and the decree appealed from is, therefore, hereby affirmed at the cost of the appellants.

Hocker and Parkhill, JJ., concur.

Whitfield, C. J., and Shackleford and Cockrell, JJ., concur in the opinion.

Mechanics' Liens and Property of Married Women.-The Principal Case is Supported by Harris v. Graham, 86 Ark. 570, 126 Am. St. Rep. 1110. The question whether the estate of a married woman can be subjected to a mechanic's lien under a contract made by her husband alone, where she has knowledge of the improvements and makes no objection thereto, is discussed further in the note to Rust-Owen Lumber Co. v. Holt, 83 Am. St. Rep. 520.

INDEX TO THE NOTES.

Architects, admissions of as evidence against owner, 323-325.
Auction Sales, action for the price of the goods sold, 498.
advertisement of is not essential to, 484.

auctioneer at, acting for himself, 480, 482, 485.
auctioneer at, action by to enforce bid, 498.
auctioneer at, agency of, when commences, 481.

auctioneer at, authority of must be exercised at the sale or within
a reasonable time afterward, 481.

auctioneer at, authority of to announce and vary the terms of a
sale, 483.

auctioneer at cannot bind the vendor nor the vendee by a memo-

randum made subsequently to the sale, 481.

auctioneer at cannot rescind nor vary the contract, 480.

auctioneer at, delegation of authority by, 481.

auctioneer at, expenses and disbursements of, right of to recover,
501.

auctioneer at, fees and commissions at, 501.

auctioneer at, liability and duty of, 498.

auctioneer at, liability of for selling contrary to instructions, 499.
auctioneer at, liability of for selling stolen goods, 500.

auctioneer at, liability of for the price of the goods sold, 499.

auctioneer at, liability of to the bidder, 499.

auctioneer at, liability of to owners and purchasers, 498.

auctioneer at, liability of when the principal is not disclosed, 499.

auctioneer at, termination of authority of, 480.

auctioneer at, when represents the seller and when the buyer, 480.
auctioneer at, whether may bid for a third person, 485.

bid at, existence of and its effect, 491.

bid at, disputed, effect of and practice upon, 494.

bid, withdrawal of, 492.

bids at, right to refuse, 491, 492.

bidding at by the auctioneer, 485.

bidding at by the owner, 485.

bidding at, mode of, 484.

bidding at, not on the terms offered, 484.

by-bidding at, 488, 491.

by decrease in price, 479, 480.

chilling and stifling competition at, 486.

combinations at, 486-488.

compensation of auctioneer, lien for, 501.

completion of, what essential to, 491.

conversion, auctioneer, when guilty of, 498.

Auction Sales, definition of, 479.

definition of auctioneer, 480.

deposit of earnest money, 494.

frauds, statute of, whether and when within, 492.
garnishment, liability of auctioneer to, 498.

interest of auctioneer in which will disqualify, 483.
laches as a bar to the right to rescind, 488.
memorandum of, entry of and its effect, 492.
owner, right of to bid at, 485.

payment at, effect of the failure to make, 494.
payment at, in what mode may be made, 495.
payment at, what amounts to, 494, 495.

possession, bidder, when becomes entitled to, 494.
puffers at, employment of, effect of upon, 488-491.
puffers at, who are, 490.

purchaser at, damages, liability for on the failure to comply with
his bid, 497.

purchaser at, deposit of earnest-money or part payment by, 494.
purchaser at, payment, failure of to make, 495.

purchaser's right to withdraw from because of by-bidding, 488.
remedies, right to sue for the price of goods sold at, 498.

remedy of auctioneer to recover compensation, 501.

reopening of, 493.

resale upon the default of a purchaser, 493.

rescission of by the auctioneer, 497.

rescission of by the purchaser, 496.

rescission of by the seller, 497:

specific performance of contract by, 497.

terms of, advertising and announcing, 484.

terms of, waiver of, 484.

terms of, when bind both the seller and the bidder, 484.

title by, when passes, 494.

warranty at, auctioneer is not authorized to make, 483.
warranty implied in, 496.

withdrawal of bid or property, 492, 494.

writing, whether essential to, 482.

Brokers and Factors, admissions of as evidence against principals, 325.
Building Contractors, admissions of as evidence against owner, 323–325.

Carriers, admissions of agents, officers and employés of, 319, 322, 325.
Clams, ownership of, 752.

Confessions and Admissions of Third Persons in Criminal Cases, as part
of the res gestae, 786, 788.

by letter, 785, 786.

considered with circumstantial evidence, 780, 787, 788.

death of declarant, 785.

dying declarations within the rule of exclusion, 788, 789.
exception in Texas to rule regarding, 779, 786.

Confessions and Admissions of Third Persons in Criminal Cases, in

bastardy cases, 785.

in English cases, 783-785.

of codefendants, 782.

rejection as hearsay, reasons for and illustrations, 780, 781, 782,

783.

rule of hearsay excludes, 779.

rule where offered to discredit witness who was declarant, 789.
Corporations, admissions of agents of, 311, 312, 316, 321, 334, 336, 338.
Criminal Law. See Confessions and Admissions of Third Persons in
Criminal Cases; Offenses Continuing Throughout One Day.

Crops, agreement to convey lands, whether includes, 620.

conveyance of lands by escrow, when passes title, 620.

conveyance of lands, operation by relation and its effect upon,

620.

conveyance of lands, passes unless reserved, 619.

conveyance of lands passes grantor's interest in as landlord, 620.
death of owner, in whom vests after, 623-625.

definitions of, 617, 618.

devise of lands, when includes, 625.

dowress, right of to as against executors and administrators, 623.
emblements, distinction between and, 618.

evidence, parol, of the grantor's reservation of, 621.
execution or foreclosure sale of land, when pass by, 622.

executors and administrators, statutes affecting right of to, 624.
executors and administrators, when become entitled to, 623, 624.
fructus industriales and fructus naturales are included within, 618.,
grantor's interest in, extent of, 620.

grass, when regarded as, 619-621.

heirs, when become entitled to, 625, 626.

incidents of possession of, 620.

life tenant, to whom go on death of, 625.

ordinary agricultural, what are, 618.

personalty, when and for what purposes regarded as, 623.

realty, when a part of, 619.

reservation of from a conveyance, parol evidence of, 621.
sale of, when effects a severance from the lands, 621.

severance of from the land by sale, 621.

what included within, 618.

when severed become personalty and do not pass by deed of land,
620.

Definition of auction, 479.

of auctioneer, 480.

of crops, 617, 618.

of Dutch auction, 480.

of franchises of corporations, 864-866, 868, 869.
of mortgages in equity, 915.