such right of action on the fact that defendant's negligent acts or
omissions constitute crimes, do not for that reason belong to the class
of criminal laws which can be enforced only in the courts of the
country where the offense was committed.
-Mexican Nat. R. Co. v. Slater, 115 Fed. 593.........53 C. C. A. 239
The laws of Mexico giving a right of action to recover damages for
a wrongful death occurring in that country are not contrary to the
public policy of Texas, nor to natural justice or good morals, nor is
their enforcement in that state calculated to injure the state or its
citizens, and an action to enforce the right so given may be maintained
therein in a state or federal court having jurisdiction of the parties, in
which the established forms of procedure are such that substantial
justice can be done between the parties.
-Mexican Nat. R. Co. v. Slater, 115 Fed. 593.........53 C. C. A. 239
Under Rev. St. Tex. 1895, art. 3027, in an action for wrongful death
"the jury may give such damages as they may think proportioned to
the injury resulting from such death, and the amount so recovered
shall be divided among the persons entitled to the benefit of the action
in such shares as the jury shall find by their verdict." As con-
strued by the courts of the state, while such damages are limited to
compensation for pecuniary loss, they are not confined to such sum as
can be exactly proved, but may include a further element of damages
where the person killed stood in the relation of husband, wife, or
parent to the beneficiaries; also to be fixed by the jury in the exercise
of "their own knowledge, experience, and sense of justice," and the
right to such damages is not affected by the remarriage of the surviving
wife or husband. The statute also requires that the rights of all en-
titled to damages shall be determined and settled in one action. Under
the laws of Mexico the liability of the defendant in such case is
limited to the furnishing of a continuing support to the legal de-
pendents of the deceased during the periods of time that such support
would have been due from him, and in the amounts that it would have
been due, proportioned to his ability to give it and the necessities of
those entitled to receive it, which questions are required to be de-
termined by the judge. The recovery in such case is in the nature of
alimony or pension awarded by the court to each beneficiary, payable
in monthly installments, which cease in the case of a widow or
daughters on their marriage, and in the case of sons on their attaining
majority. Held, that the right of recovery given by such laws, at least
in a case where the wife and daughters of the deceased are beneficiaries,
is so dissimilar to that given by the laws of Texas, and so incapable
of enforcement through any procedure provided for trials at law by the
statutes of Texas or by the common law, with due regard to the rights
of the defendant, that a circuit court of the United States in that state
should decline jurisdiction of an action at law for its enforcement.
-Mexican Nat. R. Co. v. Slater. 115 Fed. 593................ ..53 C. C. A. 239
See "Assignments for Benefit of Creditors"; "Bankruptcy"; "Fraudulent
Conveyances."
Estates, see "Executors and Administrators."
In equity, see "Equity," § 5.
Conveyance of mining property, see "Mines and Minerals," § 1.
Conveyance of property of infant, see "Infants," § 1.
In fraud of creditors, see "Fraudulent Conveyances."
Of trust, see "Mortgages."
1. Construction and operation.
Rev. St. Mo. 1855, c. 32, § 5, provided that when a conveyance or
devise was made whereby the grantee or devisee should become seised,
in law or equity, of such an estate in land as, under the statute of entails,
would have been held to create an estate tail, "every such conveyance or
devise shall vest an estate for life only in such grantee or devisee, who
shall possess and have the same power over, and right in such premises,
and no other, as a tenant for life thereof would have by law, and upon
the death of such grantee or devisee, the said lands and tenements
shall go and be vested in the children of such grantee or devisee equally,
to be divided between them as tenants in common in fee, and if any
child be dead, the part which would have come to him or her, shall go
to his or her issue, and if there be no issue, then to his or her heirs."
Held, that by virtue of such statute a deed conveying land to a mother
"and to the heirs of her body" gave to her a life estate, and to her
children living at the date of the conveyance a vested remainder in
fee, which would open up to let in after-born children, if there were any.
-Garth v. Arnold, 115 Fed. 468..
...53 C. C. A. 200
Laches, see "Equity," § 2.
Of duty to warn servant, see "Master and Servant," § 1.
Conclusiveness of judgment on demurrer, see "Judgment." § 2.
DESCENT AND DISTRIBUTION.
See "Executors and Administrators"; "Wills."
Of party asking relief, see "Specific Performance," § 1.
From indebtedness, see "Bankruptcy," § 3.
From liability as surety, see "Principal and Surety," § 1.
Of indemnitor, see "Indemnity."
Dismissal of appeal or writ of error, see "Appeal and Error," § 5.
Ground of jurisdiction of United States courts, see "Removal of Causes,"
§§ 1, 2.
As evidence in civil actions, see “Evidence," § 2.
Residence as ground of jurisdiction, see "Courts," § 2.
On re-exportation of goods after payment of duties, see "Customs Duties."
§ 2.
Customs duties, see "Customs Duties."
Excise duties, see "Internal Revenue."
Submission of question of issuing municipal bonds to popular vote, see "Mu-
nicipal Corporations," § 3.
Evidence considered, and held sufficient, when considered in connec
tion with defendant's confession, made to different persons, to sustain
a verdict finding him guilty of embezzlement of the funds of a national
bank of which he was paying teller.
-Flower v. United States, 116 Fed. 241.
The owner of the fee to lands, an easement in which has been ac-
quired by a city for park purposes through condemnation proceedings,
on the condemnation by the city of right of way for a railroad
across the lands, may maintain an action against the railroad company
to recover compensation for the additional burden imp.sed upon his
land by the new casement, and such damage, if any, as may result from
the new use.
-Newton v. Manufacturers' Ry. Co., 115 Fed. 781....53 C. C. A. 599
§ 2. Title or rights acquired.
The appropriation of land by a city for park purposes through con-
demnation proceedings, as provided by Rev. St. Ohio § 2515-28, does not
vest the city with the fee, but the estate taken is limited to an ease-
ment for the purposes intended, and on the abandonment of such ease-
ment the land reverts to the owner from whom it was acquired or his
successor in title.
-Newton v. Manufacturers' Ry. Co., 115 Fed. 781....53 C. C. A. 599
The condemnation of right of way for a railroad over lands pre-
viously condemned by a city for park purposes does not effect an
abandonment by the city of its easement so as to work a reversion of
the land to the owner of the fee.
-Newton v. Manufacturers' Ry. Co., 115 Fed. 781....53 C. C. A. 599
See "Master and Servant."
Equitable estoppel, see "Estoppel," § 1
Particular subjects of equitable jurisdiction and equitable remedies.
See "Fraudulent Conveyances"; "Injunction"; "Quieting Title"; "Receivers";
"Specific Performance"; "Trusts."
Relief against judgment, see "Judgment." § 1.
Suits for infringement of patents, see "Patents," § 5.
§ 1. Jurisdiction, principles, and maxims.
In an action to enforce a constructive trust in broom corn claimed by
complainant to have been sold and delivered under false representations
of the buyer, it was alleged that part of the broom corn, which had not
been worked up by the buyer, had been mingled with other corn, and
was difficult of identification; that the property had been twice sold,
and the rights of the alleged purchaser would be the subject of investiga-
tion: and that part of the corn had been manufactured and assigned to
third persons, who were acting in collusion with the alleged trustees.
Held, that plaintiff did not have an adequate remedy at law by an action
of replevin, and hence equity was entitled to assume jurisdiction.
-Missouri Broom Mfg. Co. v. Guymon, 115 Fed. 112..53 C. C. A. 16
A court of equity in which cross suits have been brought, one for the
reformation of an insurance policy and to enforce payment of a loss
thereunder, another for a cancellation of such policy, and a third to
enjoin the further prosecution of an action at law thereon pending in
the same court, on the consolidation and trial of such suits together,
including all questions at issue between the parties, has jurisdiction to
determine all such issues, and to render judgment against the insurer
on the policy for the loss.
-German Ins. Co. v. Downman, 115 Fed. 481.........53 C. C. A. 2r3
A federal court of equity is not deprived of jurisdiction because com-
plainant may be given by the statutes of a state a legal remedy in its
courts which he did not have at the common law.
-Peck v. Ayers & Lord Tie Co., 116 Fed. 273.
§ 2. Laches and stale demands.
Under ordinary circumstances a suit in equity will not be stayed be-
fore, and will be stayed after, the time fixed by the analogous statute of
53 C.C.A.-45
limitations at law. But if unusual conditions or extraordinary circum-
stances make it inequitable to allow the prosecution after a briefer, or to
forbid its maintenance after a longer, period than that fixed by the stat
ute, the chancellor will not be bound by it, but will determine the ex-
traordinary case in accordance with the equities which condition it.
-Ide v. Trorlicht, Duncker & Renard Carpet Co., 115 Fed. 137.............
53 C. C. A. 341
§ 3. Parties and process.
Proceedings on a petition of intervention filed in a suit in equity
against a receiver therein, asserting a claim for damages for the death
of an employé, alleged to have resulted from negligence in the operation
and management of a railroad by the receiver, are equitable in char-
acter, and the petitioner is entitled to have the receiver plead in con-
formity to the rules and practice in equity.
-Mercantile Trust Co. v. Pittsburgh & W. Ry. Co., 115 Fed. 475....
53 C. C. A. 207
§ 4. Masters and commissioners, and proceedings before them.
Where the defense of usury pleaded by a defendant in a suit to fore-
close a mortgage was adjudged against him by an interlocutory decree,
and no application was made to reopen the case to admit newly dis-
covered evidence on the issue, in accordance with the recognized practice
in equity, a master to whom the cause was referred to state the account
was justified in ignoring testimony introduced before him tending to
support the claim of usury, and it was not error for the court to overrule
exceptions to his report based on that ground.
-Deitch v. Staub, 115 Fed. 309....
5. Decree and enforcement thereof.
Complainants filed a bill to quiet title to certain lands, and to enjoin
the commission of waste thereon by defendants; and defendants an-
swered, claiming title. The evidence showed that neither party was in
possession. Held, that the question of title, being the principal issue
in the case, should have been determined by the court, and that a decree
which enjoined waste by defendants, but left the title unadjudicated,
was objectionable, in that it failed to accomplish a final result, and left
complainants without means of reaching one.
-Peck v. Ayers & Lord Tie Co., 116 Fed. 273.
Of state boundaries, see "States," § 1.
Of trusts, see "Trusts," § 3.
Created by deed, see "Deeds," § 1.
Decedents' estates, see "Executors and Administrators."
By judgment, see "Judgment," § 2.
To avoid or forfeit insurance policy, see "Insurance," § 4.
To deny corporate existence, see "Corporations," § 1.
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