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Legal fee; trustee held to have taken in numerous cases cited here.
they are made parties. Ibid. 360,3).
not cure defect, if judge disqualified. Ibid. 360,4). Mixing funds, not relieved by showing outcome was confederate
money which he still has. McCook vs. Harp, 229(2). Remainder, legal estate in, trustee not rep esent, when. East Rome
vs. Cothran, 361. Remaindermen, trustee to hold during coverture of tenant for life,
not represent. Bagley vs. Kennedy, 721. Sale by W, as trustee, of land, to B, if W subsequently acquired
title, his title went to B. Lathrop vs. White, 35. Substitution by trustee of other property involved, discretion in
granting injunction not controlled. East Rome Co. 18, Cothran, 360(6).
ULTRA VIRES. See Corporations.
VARIANCE. See Criminal Law; Pleadings.
VENDOR AND PURCHASER.
Caveat emptor, purchaser at sale of administrator or executor, takes
subject to rule. Wells vs. Harper, 194. Conditional sale not duly recorded, stands as to subsequent creditors
as an absolute sale. Steen 18. Harris, 681(1).
Certain: “We, the jury, find one and 62-100 dollars usury" in suit
on note, meant for the debt less that much. Small vs.
Hicks, 692(2). Construed according to legal intendment. Ibid. Evidence, none before jury but all offered excluded, verdict im
proper. Sprinz vs. Frank, 162/1). Excessive, $500 for pain and confinement is not. Itlanta & West
Point Railroad vs. Smith, 620(2). Excessive, $800 or $900 for grave injury by awning over sidewalk
falling, is not. Mayor 18. Caldwell, 76(2, 3). Excessive, $5,304 for killing husband, held not. Central Railroad
vs. Nash, 581(6). Juror agreeing to reluctantly, no ground for new trial.
Parker 18. State, 332(5).
Writing off part by requirement of court, plaintiff doing so, can he
except by cross-bill? Atlanta National Bank vs. Burke. 601(3).
VOLUNTARY DEED. See Deeds.
VOLUNTARY MANSLAUGHTER. See Criminal Law.
Defects and delays in machinery delivered, no waiver of, by receiv
ing and using. Van Winkle vs. Wilkins, 947).
such damages against contract price. Ibid. Fertilizers; purchaser not bound by, from pleading want of legal
inspection. Faircloth vs. De Leon, 158. Plea of justification to libel, no waiver of defence that the words
were privileged. Wilson vs. Sullivan, 238 3).
WARRANTY. See Administrators and Erecutors.
not of that manufacturer. Van Winkle vs. Wilkins, 94(6). Release of, to title of "water-ditch” on sale of mining property,
effect of. White vs. Furtzwangler, 66. Rescind, offer to, and return price, not discharge warrantor. Riley
18. Hicks, 266(5). Waiver of, none by receiving and using machinery defective in
kind or class. Van Winkle vs. Wilkins, 91(7)
recoup such damage against price. Ibid.
WASTE. See Remainders,
WATER AND WATER-LOURSES.
Dam water, grant of right to, with reservation that no injury was
to be done to spring; if spring injured either in its artificial state at date of contract, or in its natural state, action
able. Ford 18. Lukens, 633. Upper proprietor removing ledge of rock from bed of stream and
thereby injuriously projecting water forward on land be-
farther down, not alter case. Ibid.
WILD LAND. See Tar.
Ademption of legacy. See Legacies, below.
Approximation; scheme of testatrix for keeping estate together
for education and support of beneficiaries, minors and
with, when. Ibid. Approximation; scheme for keeping estate together for education
and support of beneficiaries failing, minor beneficiary not
father, cannot claim for having missed it out of mother's
estate. Ibid. 106(3). Construction; intention defeated by unexpected circumstances,
court will approximate scheme. Ibid 106(1). Division; bequest to children for life, then over to their children;
division after testator's death; grandchildren took vested remainder in fee, and subsequent exchange of their portions by two of the children not affect rights of grandchil
dren. Crawley vs. Blackman, 775. Division in kind of lands under will, acquiesced in fourteen years,
binding though unequal. Lererett vs. Sterenson, 701. Exchange by children of their portions in division of testator's
property, agreement to, not admissible to affect rights of grandchildren who took vested remainder in fee. Crawley
vs. Blackman, 775. Insolvent son; scheme of father in making bequest to grandson,
in part for use and benefit of said insolvent son, and to
escape his creditors, upheld. Hill vs. Hill, 518. Legacies: ademption ; bequest of money to daughter since 1866;
advance to her husband, held not to be. Hart vs. Johnson,
affect. Ibid. Legacies: devise, in 1854, by mother to trustee for son, and if he
should die childless, trustee to sell and distribute, and place proceeds in hands of other trustee for other children, vested base or qualified fee in son. Matthews. 1's. Iudson, Legacies: insolvent son, bequest to, revoked, and grandson substi
tuten, held, under special facts here, that legal title devolved on grandson; father's rights in legacy, under independent agreement with son, and rights of creditors de
fined. Hill vs. Hill, 516(1, 1a). Partition. See Construction. Per stirpes, bequest to children here was, and not per capita. Mayer
l's. Hover, 309(4). Revocation; bequest to wife of support out of estate in bands of
executor, not revoked, under special facts here. Hart vs.
ing, and of yard and garden : also bequest of buggy and
Administrator or executor a party, other party not competent to
anything. Hardman 18. Novell, 748. Attorney competent, unless he got his information from client by
virtue of the relation. Skellie vs. James, 419 2). Character, general, refusing to allow counsel to explain, not error,
not appearing what explanation proposed. Flemister rs.
State, 768(3). Character, good; never heard any one say anything against it,"
admissible. Ibid. 768(4). Competency, mental, of witness examined by interrogatories, pre
sumed. Mayor vs. Caldwell, 76(4).
left to jury. Ibid. Dead; evidence before magistrate of witness since dead, admissible
in suit for damages for malicious prosecution. Rigden vs.
Jordan, 674(3). Dead, opposite party being, still if plaintiff asked witness who
was a party if he signed paper, may on cross-examination explain all the circumstances. Carlton rs. Western & Atlantic
Railroad, 531(1). Death ; defendant competent as to matters not transpiring between
him and deceased, and adıninistrator not a party. Hardman v8. Nowell, 748.
Examination: general questions to, whether a party or not, court
Van JVinkle vs. Wilkins, 94(81. Failure to produce, when in one's power, frequently a circumstance
of more or less significance. Hunt vs. State, 1406). Impeach ; brief of evidence in other case, though approved, not ad
missible, when. Reid vs. State, 760(1, la). Impeached by proof of swearing falsely to a leading fact, corrobora
tion as to immaterial facts not restore credit. Mitchell vs.
State, 460. Impeachment; what a witness swore on another trial, inadmissible,
no foundation haying been laid therefor. Florida Midland
Railroad us. Varnedoe, 176(5).
left to jury. Ibid. Sworn, witness not, no ground for new trial. Smith vs. State, 480(2).
WORDS AND PHRASES.
“C. L. R. P. oats," in memorandum of sale, parol admissible to
to show it meant “ car-load Texas rust proof oats.” Wilson
vs. Coleman, 297(1). “Inviolate," in 5174, means twelve jurors to try case ; eighteen to
strike from, instead of twenty-four, constitutional. Conyers vs. Graham 615(4).
WRIT OF POSSESSION.
Wrongful eviction by sheriff under, gives right of action. Jefferson
v8. Hartley, 717.