SECTIONS.

RIPARIAN OWNERS.

816 Statement of case reported.

817 Rights acquired by condemnation proceedings establishing a mill

dam.

818 Riparian rights as to artificial use of water by erecting dams-

Reasonable use-Interference with others-Principles discussed

and authorities collated.

819 Same-Application of principles to the facts of the case.

820 Riparian rights in respect to ice.

821 Ice-Riparian rights.

822 Riparian rights-General principles.

823 Title to land covered by, and use of waters.

824 Riparian rights in navigable waters.

825 Riparian rights in navigable waters-Rights of the public.

826 Riparian rights in navigable waters-Apportionment of flats and

shore line.

827 Title to, and use of lakes.

828 Right of riparian owner to accretions.

829 Obstruction or diversion of water course.

830 Pollution of waters-Discharge of city sewage.

SPECIFIC PERFORMANCE.

831 As to the right of specific performance.

832 As to what contracts may be specifically enforced-Particular

cases.

833 Contracts to convey land.

834 Antenuptial contracts.

835 Married woman's contracts.

836 Diligence required of party seeking.

837 Demand and tender.

838 Parties, pleading and practice.

STARTING FIRES.

839 Destruction of insured property-Rights of parties.

840 Contributory negligence.

841 Liability of railroads for fires-Negligence.

842 Liability of railroads for fires-Action against receiver.

843 Actions for injuries by fire-Complaint.

844 Actions for injuries by fire-Costs and attorney's fees.

845 Actions for injuries by fire-Measure of damages.

846 Actions for injuries by fire-Evidence.

847 Miscellaneous notes.

STATUTE OF FRAUDS.

848 As to what contracts are within the statute of frauds.

849 As to what contracts are within the statute of frauds-Statutes

construed and applied.

850 As to what contracts are not within the statute of frauds.

851 Sufficiency of memorandum.

852 Sufficiency of memorandum—Signing.

853 Parol gifts of real estate.

854 Part performance.

855 Part performance-Payment of purchase price.

856 Part performance-Possession and improvements.

857 Miscellaneous notes.

SECTIONS.

STATUTE OF LIMITATIONS.

858 As to when the statute applies--Statute construed.

859 As to when the statute begins to run.

860 As to when the statute begins to run-Actions for relief from

fraud.

861 Disabilities of parties.

862 Interruption or suspension of statute.

863 Laches-General principles.

864 Laches-Particular cases.

865

Statute of limitations and laches as applied to trusts or fiduciary

relations.

866-885 Statutory provisions-Recent constructions of, and amendments
and changes in the statutory provisions of the several states and
territories, since the compilation in Vol. V, Secs. 841-888.

SURFACE WATER.

886 What constitutes surface water-Flood water of a stream.

Common law rule-Exceptions.

887

888 Rights of upper and lower owners.

889 Diversion of surface water by a railroad.

890 Liability of municipalities.

TAXES AND TAX TITLES.

891 Collateral inheritance tax.

892 Exemption from taxes.

893 Exemption from taxes-Public lands and public property.

894 Exemption from taxes-School property-Property of churches

and charitable institutions.

895 Exemption from taxes-Property of manufacturers and railroad

property.

896 Exemption from taxes-Statutes construed.

897 Assessment of taxes-General principles.

898 Assessment of taxes-Statutes construed.

899 Assessment of taxes-In whose name assessment should be made.

900 Assessment of taxes-Description of property.

901

Assessment of taxes-Omission of property-Errors in valuation

-Boards of equalization.

902 Priority of lien for taxes-Personal property taxes-Apportion-
ment of tax lien to aid other lienholders.

903 Lien for taxes-Statutes construed.

904 Publication of delinquent lists-Notice of tax sale.

905 Tax sale-Exhausting personal property.

906 Tax sale-Sale in parcels or in solido.

907 Who may purchase at a tax sale.

908 Title and rights of a purchaser at a tax sale.

909 Rights of a purchaser at invalid tax sale-Statutes construed.

910 Tender and payments required of one recovering land from the

holder of an invalid tax title-Constitutionality and construc-

tion of statutes.

911 Iregularities sufficient to avoid or invalidate a tax sale.

912 Irregularities insufficient to invalidate a tax sale.

913 Setting aside tax sales-Practice.

914 Redemption from tax sale.

915 Notice of expiration of time for redemption.

916 Tax deed.

SECTIONS.

917 Tax deed-Conclusiveness as evidence of title-Statutes con-

strued.

918 Judicial proceedings to collect taxes.

919 Statute of limitations and tax titles.

920 Miscellaneous notes.

921 Construction of miscellaneous statutes.

922 Statutes amended and new statutes.

TENANTS IN COMMON.

923 Creation of an estate in common.

924 Trust relations-Buying in titles, etc.

925 Ouster-Liability for rent.

926 Injury to property by cotenant-Remedies.

927 Miscellaneous notes.

TITLE.

928 Good and marketable title-Title acquired by adverse possession.

929 Good and marketable title-Title acquired in violation of a trust

relation.

930 Good and marketable title-Vendee's rights-Particular cases.

931 Proof of title.

932 Slander of title.

TREES.

933 Growing trees as real estate.

934 Action for injuring or removing trees.

TRESPASS.

935 As to what constitutes trespass and who may maintain the action.

936 Practice in actions for trespass.

937 Measure of damages.

TRUSTS.

938 Creation of express trusts-Validity.

939 Parol evidence to establish express trusts.

940 Statute of uses and passive trusts.

941 Spendthrift's trusts.

942 Power of court in respect to trusts.

943 Practice in actions affecting trusts.

944 Powers, duties and liabilities of trustees.

945 Sale and conveyance by trustees.

946 Title of purchaser from trustee.

947 Trustees' dealings with trust estates.

VENDOR AND VENDEE

948 As to what constitutes a contract of sale-Particular cases.

949 Rights and liabilities of vendor and vendee-Miscellaneous notes.

950 Rights and liabilities of vendor and vendee as to taxes.

951 Construction of land contracts-Forfeitures.

952 Construction of land contracts-Particular cases.

953 Bond for title.

954 Deficiency in quantity and defective title.

955 Actions to recover purchase money.

SECTIONS.

956 Defenses to action for purchase money.

957 Recovery of purchase money paid by vendee-Vendee's lien.

958 Reserving title to secure purchase money.

959 Vendor's lien-Creation of and who may enforce.

960 Vendor's lien-Priority-Enforcement against bona fide purchaser.

961 Vendor's lien-Loss or waiver.

962 Enforcement of vendor's lien-Practice.

WASTE.

963 What constitutes-Who liable for-Remedies.

WATERS AND WATER COURSES.

964 What constitutes a water course.

965 What are navigable waters-Public rights.

966 Subterranean or percolating waters.

967 Mill dams and water rights.

WILLS.

968 Agreement to make a will-What constitutes a will-Title by.

969 As to the validity of devises of real estate.

970 Construction of wills-Value of precedents.

971 Construction of wills-Rules for-General principles.

972 Construction of wills as to property embraced-Statutes construed

-Particular cases.

973 Construction of wills-Devise of remainder after termination of

life estate.

974 Construction of wills-Devise over in case first taker dies with-

out issue.

975 Construction of wills-Devise for life with power of disposal.

976 Construction of particular wills.

977 Devises and bequests in lieu of dower-Election.

978 Failure of a testator to provide for a child-Statute construed.

979 Powers contained in wills.

980 Miscellaneous notes.

ABSTRACTS AND ABSTRACTERS.

66

Sec. 1. Definition and purpose of an abstract of title. An abstract of title is a short methodical summary of the documents and facts which affect the title to. a piece of land. American and English Enc. of Law (Rev. Ed.), p. 211; Martindale on Abstracts, 3. The definition of Mr, Warvelle is as follows: A condensed history of the title of land, consisting of a synopsis or summary of the material or operative portion of all conveyances, of whatever kind or nature, which in any manner affects said land, or any estate or interest therein, together with a statement of all liens, charges or liabilities to which the same may be subject, and for which it is in any way material for purchasers to be apprised." Warvelle on Abstracts, § 2. Omitting the last part concerning liens and charges, this definition has been twice approved by the Indiana supreme court. Roberts v. Vornholt, 126 Ind. 511 (26 N. E. Rep. 207); Hoover v. Weesner, 147 Ind. 510 (45 N. E. Rep. 650; 46 N. E. Rep 905). As the term is generally used in the United States, it may be defined as a synopisis of what appears on the public records affecting the title to any tract of realty. Union Safe Deposit Co. v. Chisholm, 33 Ill. App. 647; Constantine v. East, 8 Ind. App. 291 (35 N. E. Rep. 844); Smith v. Taylor, 82 Cal. 533 (23 Pac. Rep. 217); Stevenson v. Polk, 71 Iowa 278 (32 N. W. Rep. 340); Anderson's Law Dictionary, 9; Burrell's Law Dictionary; Banker v. Caldwell, 3 Minn. 94; Loring v. Oxford, 18 Tex. Civ. App. 415 (45 S. W. Rep. 395). An abstract ordinarily means a mere brief and not a copy of that from which it is taken. Dickinson v. Railroad Co., 7. W. Va. 390, 413. It may consist of a note of a single conveyance, as it always does where the patentee furnishes an abstract of his title. Heinsen v. Lamb, 117 Ill. 549 (7 N. E. Rep. 75). The purpose of an abstract is to enable one interested in the title to land to determine its sufficiency without referring to the original sources for information. Warvelle on Abstracts, p. 10; Curwen on Abstracts of Title, § 36; Taylor v.