Where a widow held possession of the estate of her deceased husband under an alleged will thereafter shown to be invalid, her expenditures in the support of a minor son held Evidence held sufficient to sustain a decree to a matter wholly between her and the son.Read v. Franklin (Tenn. Ch. App.) 215; Frank-tator's estate on the ground of fraud.-Scott v. set aside the allowance of a claim against teslin v. Read, Id. Penn (Ark.) 235.

straining the sale of the land under the trust | declared to be invalid, on an accounting, a dedeed.-Woman's College v. Horne (Tenn. Ch. cree in which the widow was charged with App.) 609. various items which failed to distinguish the The sale of real estate belonging to an insol- amount chargeable against her on account of vent estate to its administrator, as a sale un-personal estate from the rents, etc., due the heirs, der a trust deed given by decedent, held not to was improper.-Read v. Franklin (Tenn. Ch. render the sale invalid.-Woman's College v. App.) 215; Franklin v. Read, Id. Horne (Tenn. Ch. App.) 609.

The allegations in a bill by the creditors of an insolvent estate held not sufficient to authorize an injunction restraining a contemplated cash sale of estate property under a trust

deed given by the decedent.-Woman's College v. Horne (Tenn. Ch. App.) 609.

The refusal of a requested order of reference in an action by the creditors to wind up an insolvent estate held not error, when considered in connection with an order given.-Woman's College v. Horne (Tenn. Ch. App.) 609.

§ 8. Actions.

Where an executor was directed by the will to sell all the property, the surviving husband's cause of action for an allotment of one-third of the land for life was properly joined with his cause of action against the executor for one-half of the surplus personalty.-Brand's Ex'r v. Brand (Ky.) 704.

Where taxes were assessed against the estate of a decedent only, and the executor, after due notice, made his final settlement and was discharged, he could not be held liable as executor for taxes due by the estate.-State ex rel. Stotts v. Kenrick (Mo.) 1063.

Where a suit was brought to establish a note as a claim against a decedent's estate, the district court could determine the validity of a deed of trust given as security for the note.George v. Ryon (Tex. Sup.) 427.

A judgment against an independent executrix held properly enforced by execution, instead of being certified to the probate court for payment in due course of administration.-Ellis v. Mabry (Tex. Civ. App.) 571.

§ 9. Accounting and settlement.

EXEMPTIONS.

See "Homestead."

of an unmarried man, living with and supportUnder Rev. St. 1889, §§ 4903, 5220, the wages ing his widowed sister, are exempt, and his creditor is not defrauded by his using a portion thereof in insuring his life for his sister's benefit.-Sternberg v. Levy (Mo.) 1114.

EXPERT TESTIMONY.

In civil actions, see "Evidence," § 10.
In criminal prosecutions, see "Criminal Law,"
§§ 5-9.

EXPLOSIVES.

Because sale or manner of delivery of 87° gasoline is not prohibited or regulated by statute, seller is not thereby relieved from liability for injuries from an explosion of such gasoline, sold without warning purchaser of the danger.-Waters-Pierce Oil Co. v. Davis (Tex. Civ. App.) 453.

Evidence of statements made by deceased that he had been told by a person not named that 87° gasoline was safe where it was stored held properly admitted, in an action against the seller to recover for his death from an explosion.-Waters-Pierce Oil Co. v. Davis (Tex. Civ. App.) 453.

In an action against a seller of 87° gasoline, sold without notice of its dangerous character, for death of an employé of the purchaser caused by the explosion thereof, petition held not demurrable.-Waters-Pierce Oil Co. v. Davis (Tex. Civ. App.) 453.

FACTORS.

Right of administratrix to credits not asked in settlements, and directed for future settlements by the court, will not be considered in an action to have accounts surcharged and falsified where the administration is not closed. See "Brokers"; "Principal and Agent.” -Salinger v. Black (Ark.) 229.

Widow, who was also administratrix, held to have waived her rights to quarantine under Sand. & H. Dig. § 2537, by charging herself in annual settlements with rents of farm attached to her husband's dwelling place.-Salin ger v. Black (Ark.) 229.

The county in which the personal representative qualified had jurisdiction of an action to settle the estate of a deceased person.-MeNew v. Martin (Ky.) 412.

Under Ky. St. § 3847, an action against an executor to settle the estate of his testator may be brought as soon as the executor qualifies.— Brand's Ex'r v. Brand (Ky.) 704.

Where the accounts between father and son have been so badly kept that it is impossible to tell, in a settlement of the accounts of the father as administrator of his son's estate, to what extent he is indebted to the estate, no judgment will be rendered against the administrator.-Taylor v. Roulstone (Ky.) 867; Roulstone v. Bradford, Id.

Where a widow, claiming under an alleged will thereafter shown to be invalid, held possession of the estate, in a suit by the adminstrator for an accounting she should be allowed compensation for her services in the management of the estate.-Read v. Franklin (Tenn. Ch. App.) 215; Franklin v. Read, Id. Where a widow held possession of an estate under an alleged will of her husband thereafter

FALSE IMPRISONMENT.

See "Malicious Prosecution."

§ 1. Criminal responsibility.

A private person, indicted for unlawfully arresting another, cannot escape punishment on the ground that he had reasonable grounds for believing that a certain offense committed by the person arrested was a felony, and not mere. ly a misdemeanor.-Begley v. Commonwealth (Ky.) 847.

FALSE PRETENSES.

The representation by defendant that he had a certain contract was a representation as to an existing fact, and was therefore a "false pretense," within the meaning of the statute.Commonwealth v. Scroggin (Ky.) 528.

sented that he had the contracts conducted As the persons with whom defendant repre their business in a city which was a considerable distance from the county where the representation was made, the falsity of the representation could not be so easily ascertained as to take it out of the statute.-Commonwealth v. Scroggin (Ky.) 528.

An indictment under Ky. St. § 1208, for obtaining the signature of another to a writing by false pretenses. held to be sufficient.-Commonwealth v. Scroggin (Ky.) 528.

The words, "then and there well knowing that he had no such contract or arrangement," used in the indictment with reference to defendant, sufficiently negatived the matter as to which the false pretense was made.-Commonwealth v. Scroggin (Ky.) 528.

An indictment alleging that the prosecuting witness by false pretenses was induced to "sell and deliver" certain property is bad for failure to charge a sale and delivery in fact.-State v. Phelan (Mo.) 71.

Where an indictment charged defendant with unlawfully obtaining a note by false pretenses, the fact that the false representations were alleged to be connected with a promise to be performed in the future held not to render the indictment nugatory.-State v. Vandenburg (Mo.) 79.

Where an indictment charged defendant with obtaining a note of the value of $36 by false pretenses, it was not objectionable on the ground that it failed to show that the note was of value.-State v. Vandenburg (Mo.) 79. Allegations held sufficient to charge defendant with the crime of obtaining property under false pretenses, as defined by Rev. St. 1889, § 3564.-State v. Vandenburg (Mo.) 79.

FALSE SWEARING.

See "Perjury."

FEES.

Of attorney, see "Attorney and Client," § 3.

FERRIES.

FINES.

Failure to perform official duty, see "Sheriffs and Constables," § 1.

For operation of street railroad without screen to protect motorman, see "Criminal Law," § 18.

FIRES.

Caused by operation of railroad, see "Railroads," § 8.

FISH.

Under Act June 26, 1897, § 1, it is not illegal to take fish in an unnavigable stream or lake for family use, or for picnics, with a net less than 60 feet long, though the meshes therein are less than 4 inches in diameter.-Roetzel v. State (Ark.) 27.

Under Act June 26, 1897, § 1, it is not illegal to take fish with a seine having meshes 4 inches in diameter, though the seine is over 60 feet in length.-Roetzel v. State (Ark.) 27.

FORCIBLE DEFILEMENT.

See "Rape."

FORECLOSURE.

Of lien, see "Mechanics' Liens," § 4.

Of mortgage. see "Chattel Mortgages," § 7; "Railroads," § 2.

FOREIGN CORPORATIONS.

See "Corporations," § 6.

FOREIGN GUARDIANSHIP.

§ 1. Establishment and maintenance.
Under Ky. St. § 1820, an order granting a See "Guardian and Ward," § 2.
ferry right at a point where there is an ex-
isting ferry is not void, however erroneous it
may be, though the privilege granted is de-
scribed as "exclusive."-Combs v. Sewell (Ky.)

933.

An order revoking a ferry privilege and granting a privilege at the same point to another, though void as to the revocation for want of notice of the motion to revoke, held not void as to the grant.-Combs v. Sewell (Ky.) 933.

The posting of notice of an intended application for a ferry privilege is equivalent to the service of process on all persons interested, and gives the court jurisdiction.-Combs v. Sewell (Ky.) 933.

FORFEITURES.

Of homestead, see "Homestead," § 4.
Of insurance, see "Insurance," § 5.

FORGERY.

An indictment for forging a check, which set out the check in full, was sufficient, without other description of the check.-Ashcraft v. Commonwealth (Ky.) 931.

That indictment for forging check failed to set out lithographed revenue stamp on check held not to constitute a variance.-Beer v. State (Tex. Cr. App.) 962.

FORMER ADJUDICATION.

An order revoking a ferry privilege for fail ure to execute covenant for five years and to keep sufficient boats was void, where no summons was served on the owner of the privilege to renew his covenant as required by Ky. See "Judgment," §§ 9, 10. St. § 1808, and no notice was given him under section 1810 to keep the required boats.--Combs v. Sewell (Ky.) 933.

FILING.

Indictment or presentment, see "Indictment and Information," § 1.

FINAL JUDGMENT.

Appealability, see "Appeal and Error," § 2.

FINDINGS.

FORMER JEOPARDY.

Bar to prosecution, see "Criminal Law," § 3.

FORMS OF ACTION.

See "Action," § 1; "Ejectment"; "Replevin"; "Trespass," § 1; "Trover and Conversion."

FORNICATION.

See "Incest"; "Seduction," § 1.

On a prosecution for fornication, testimony that the particeps criminis with defendant,

Review on appeal or writ of error, see "Ap- prior to her living in fornication with defendpeal and Error," § 15.

Setting aside, see "New Trial," § 1.

Special findings by jury, see "Trial," § 10.

ant, had borne a reputation of chastity, was improper.-Boatwright v. State (Tex. Cr. App.)

1760.

FRAUD.

See "Cancellation of Instruments," § 1; "False Pretenses"; "Fraudulent Conveyances"; "Insurance," & 4.

As affecting mortgagee's rights under mortgage, see "Mortgages," § 2.

As ground for attachment, see "Attachment,"
§ 1.

In procuring settlement, see "Compromise and
Settlement."

Statutes of limitation, see "Limitation of Ac-
tions," § 1.

FRAUDS, STATUTE OF.

§ 1. Promises to answer for debt, default, or miscarriage of another. A promise by a bank to pay for goods to be sold on its credit to a depositor is not within the statute of frauds, and hence need not be in writing.-First Nat. Bank v. Greenville Oil & Cotton Co. (Tex. Civ. App.) 828.

An instruction that if an assignee and beneficiary of a deed of trust accepted it, not only to secure an indebtedness, but also to assist the grantor in carrying an intent to defraud his creditors, or did assist them in such fraud, the deed was invalid, was erroneous. MansurTebbetts Implement Co. v. Ritchie (Mo.) 87.

An instruction that if a deed of trust was accepted by an assignee and beneficiary thereof with the knowledge that it was executed on the part of the grantor with an intent to defraud his creditors, and the assignee aided or assisted in carrying out such fraud, the deed was invalid, was erroneous. - MansurTebbetts Implement Co. v. Ritchie (Mo.) 87.

A wife who permits her husband to use funds belonging to her separate estate to pay notes given for land bought by him in his own name acquires no interest in the property which she can assert as against his creditors.-Hornsby v. City Nat. Bank (Tenn. Ch. App.) 160.

A parol trust in land in favor of a grantor's wife and children is fraudulent as to his cred§ 2. Real property, and estates and in-itors.-Hornsby v. City Nat. Bank (Tenn. Ch. terests therein. App.) 160.

The statute of frauds does not require the authority of an agent to sell standing trees to be in writing. Columbia Land & Mining Co. v. Tinsley (Ky.) 10.

FRAUDULENT CONVEYANCES.
See "Chattel Mortgages," § 3.

Of homestead, see "Homestead," §§ 4, 5.
§ 1. Transfers and transactions invalid.
Where a brother and sister lived together on
the same farm, a sale of personal property by
the brother to the sister was valid as to cred-
itors, though the property was not removed
from the farm; there being a change of pos-
session without such removal. Hamilton v.
Combs' Adm'r (Ky.) 371.

A conveyance executed by a debtor to another without consideration is constructively fraudulent as to his creditors.-Hamilton v. Combs' Adm'r (Ky.) 371.

Under Ky. St. § 1906, a sale made by a debtor with intent to defraud creditors is void, if the buyer had notice of the fraudulent intent.-Carter v. Richardson (Ky.) 397.

band to his wife, to whom he is indebted, which A transfer of property by an insolvent husis of no greater value than reasonably sufficient to pay her debt, is valid as against his other creditors.-Thompson v. Wilson (Tex. Civ. App.

354.

§ 2. Rights and liabilities of parties and purchasers.

Where a debtor purchased land and had it conveyed to his wife to defraud his creditors. persons who purchased from him after the wife's death can claim only his title as tenant by the curtesy, though the record of the deed to the wife had been destroyed by fire, and her heirs had neglected to have the record supplied.-Stevens v. Glass (Ky.) 369.

§ 3. Remedies of creditors and purchas

ers.

The refusal of the buyer to file copies of the inventory of the stock, which were accessible to him alone, authorizes the presumption that they would have shown the consideration to be inadequate.-Carter v. Richardson (Ky.) 397.

Evidence held to support a finding that a conveyance was in fraud of creditors.-Swinford v. Teegarden (Mo.) 1089.

Even though the buyer had no notice of the seller's fraudulent intent when he gave a check for the price, as he had such notice in time to stop its payment, he was not a purchaser for a valuable consideration.-Carter v. Richardson See "Fish." (Ky.) 397.

Where the circumstances were sufficient to put the buyer of a stock of goods on inquiry as to the seller's intent in disposing of his property, the buyer held charged with notice of the seller's fraudulent intent.-Carter v. Richardson (Ky.) 397.

Where the consideration paid for a stock of goods was not in excess of 50 per cent. of its value, it was so inadequate as to cause a suspicion of fraud on the part of the buyer.-Carter v. Richardson (Ky.) 397.

Creditors of the husband are entitled to subject to their debts property held in the name of the wife which was purchased with the proceeds of stock voluntarily transferred to her by the husband after their debts were created.-Plant v. Geffinger (Ky.) 520.

Where a wife's father paid one-third of the consideration for land purchased by the husband under an agreement that she should own one-third of the land, a deed executed by the husband, after insolvency and after the wife's death, conveying one-third of the land to her infant son by direction of her father, will not be set aside at the instance of the husband's creditors.-Sparks v. Colson (Ky.) 540.

GAME.
GAMING.

Duplicity in indictment, see "Indictment and
Information," § 3.

§ 1. Criminal responsibility.

On a prosecution for gaming under Pen. Code, art. 379, evidence held sufficient to sustain a conviction.-Williams v. State (Tex. Cr. App.) 248.

Under Pen. Code, arts. 379, 380, an allegation in an indictment for gaming that defendant played at a game of cards at a public house, to wit, one commonly resorted to for gaming, held sufficient designation of the house as a public place.-Williams v. State (Tex. Cr. App.) 248.

A conviction for permitting a gambling house to be kept appurtenant to a house used for retailing liquors held not sustained by the evidence.-Mohan v. State (Tex. Cr. App.) 552.

Evidence held sufficient to sustain a convic tion for allowing a gambling house to be kept defendant's premises. Mohan v. State on (Tex. Cr. App.) 552.

An information held sufficient to sustain a conviction for the crime of permitting gam

An information on renting a room for a gam-§ 1. Custody and care of ward's person bling house held insufficient in failing to show that the property was situated in the county.-ian of infant remainder-men, binding himself Where a life tenant contracted with the guardMohan v. State (Tex. Cr. App.) 552.

"Sales," § 4; "Vendor and Purchaser," § 4. In civil actions, see “Appeal and Error," § 16. Of settlers on and claimants of public lands, see "Public Lands," § 1.

Of telegraph charges, see "Telegraphs and Tel- By arbitrators, see "Arbitration and Award,"