EXECUTION-Continued.

the Act of 16 June, 1836. (C. P.) Bowman v. Tagg,
219.

The attaching creditor of a legatee, who submits his
claim to the adjudication of the Orphans' Court, is
bound by their decree. Otterson v. Gallagher, 555.

EXECUTION-Continued.

taxes, the taxes are not discharged. (C. P.) Harris-
burg v. Orth, 121.

Arrears of ground-rent, due at the time of a sheriff's
sale, under a subsequent incumbrance, will be dis-
charged, unless there is an intervening mortgage, the
lien of which is preserved. (C. P.) Hacker v. Čozens,

In an attachment execution, the record of a judg-
ment obtained in another suit by the defendant against | 468.
the garnishee is evidence for the plaintiff. Woodward
v. Carson, 396.

Sums due the principal of a school are not exempt
from attachment execution as wages. (C. P.) Schwaake
v. Langton, 124.

The sale of the property and franchises of a railroad
company does not pass to the purchaser debts due to
the company. Hogg's Appeal, 377.

The proceeds of the sale of personalty will not be
ordered into Court, unless it appears that the fund is
subject to the payment of liens. (C. P.) Dunn v.
Magarge, 204.

A chattel mortgage made more than six months be-
fore a sheriff's sale of personalty covered by it is pay-
able out of the proceeds in preference to wages. Ib.

A clerk in a purely commercial establishment is not
entitled to the preference provided for in the Act of 9
April, 1872. (C. P.) Fell v. Duffy, 44.

Sheriff's sale of leasehold, rights of purchaser. See
LANDLORD AND TENANT.

Execution against real estate. A terre tenant not
injured thereby cannot complain that notice of the
time and place of sale was not given to the mortgagor.
(C. P.) Fidelity Co. v. Clendenon, 236.

A sheriff's sale, which would create a cloud upon the
title will be stayed by injunction. Huston's Appeal,
162.
But not upon rule. (C. P.) Penna. Co. v. Har-
shaw, 272.

Rights of bidder failing to comply with terms of sale
to a return of his deposit, when at the second sale, an
increased deposit is required. (O. C.) Robinson's
Estate, 352.

Deed to second bidder. Where the purchaser at a
sheriff's sale fails to pay the purchase-money within
ten days, he has no standing to object to the execution
of a deed to the second bidder. South v. Lavens, 528.
Setting sale aside. A material misdescription of
real estate, sold by the sheriff, in one of the news-
papers selected for advertising the same, with inade-
quacy of price, is sufficient ground for setting the sale
aside. (C. P.) Neafie v. Conrad, 303.

Where several properties are covered by an irredeem-
able ground-rent and mortgage, a lumping sale of them
by the sheriff will not be set aside. (C. P.) Sargent
v. Bedford, 575.

Where in the sheriff's bill the property is described
as being between certain streets, but the distances are
not given, it is sufficient ground for setting aside the
sale. (C. P.) Thomas v. Curren, 432.

The fact that there is no recital that a property is
subject to other incumbrances, is not ground for setting
the sale aside. (C. P.) Association v. O'Neill, 501.

Where a property is sold as situated on a street by
an old name no longer familiar to the public, the sale
will be set aside if the price be inadequate. (C. P.)
Fry v. Vetterlein, 83.

Where a purchaser at sheriff's sale has been misled,
by a search as to the incumbrances upon a property,
into bidding more than its value, the Court has power
to set the sale aside for his relief. (C. P.) Shakes-
peare r. Delany, 139.

Liens, when discharged. Where the fund pro-
duced by a sheriff's sale of realty is insufficient to pay

See MECHANICS' LIENS. Bunting's Appeal, 12. SUB-
ROGATION. Blank's Appeal, 25.

When proceedings by a purchaser at sheriff's sale to
recover possession will not be enjoined. (C. P.)
Lynch v. Jennings, 500.

EXECUTORS AND ADMINISTRATORS.
See DECEDENTS' ESTates.

EXECUTORY DEVISE. See WILL.
EXEMPTION.

See ASSIGNMENT FOR Benefit of
CREDITORS. (C. P.) Van Gunten's Estate, 345. See
EXECUTION.

Widow's exemption.

See DECEDENTS' ESTATES.

FACTOR. Goods entrusted to a factor for sale on
commission are not subject to distress for rent owed by
the factor. Howev. Sloan, 265.

FEIGNED ISSUE. See EXECUTION.
FEME SOLE TRADER.

WIFE.

See HUSBAND AND

FENCES. Distinction between party walls and
division fences explained. Richard Wistar's Appeal,
140.

FERRY. A legislative grant of an exclusive
privilege to maintain a ferry may be repealed unless
founded upon valuable consideration. Johnson's Ap-
peal, 33.

FIRE COMPANY. Dissolution of. See CORPO-
RATIONS. Humane Fire Co.'s Appeal, 442.

FIXTURES. Dedication of by trespasser, when
not presumed. See TRESPASSER. Justice v. R. R. Co.,374.
FOREIGN ATTACHMENT. At the third
term of Court after the execution of a writ of foreign
attachment judgment can be entered against the de-
fendant for want of an appearance. (C. P.) Collins v.
Walker, 175.

Effect of replevin issued from the United States
Court upon an order of sale of perishable goods seized
under a foreign attachment in a State Court. (C. P.)
Green v. Kenney, 575.

FOREIGN JUDGMENT. In an action upon a
judgment obtained in a State where the law permits a
sheriff's return to be traversed, judgment will not be
entered for want of a sufficient affidavit of defence
when the defendant avers that he is contesting the
return. (C. P.) R. R. v. Mercer, 83.

FRAUD. A husband's gift to or settlement upon
his wife will be sustained in equity against creditors
in the absence of fraudulent intent, and the question
of the existence of such intent is for the jury. Conley
v. Bentley, 338.

Where the evidence discloses that the claimant of
goods seized as illegally imported knew that his
method of importing goods was contrary to law, the
burden of proof is shifted from the government upon
the claimant to show that he did not adopt that method
for the purpose of evading the payment of duties.
(U. S. C. C.) Bean v. United States, 542.

The fact that advance money mortgages exceed the
amount of the advance and the real value of the
ground, is not of itself evidence of fraud. Nixon v.
Bye, 489.

See DEBTOR And Creditor.

FRAUDS AND PERJURIES. Statute of.
Contracts for sale of land. Where a parol contract for

FRAUDS AND PERJURIES—Continued.
the sale of lands is followed by delivery of possession
and valuable improvements by the purchaser, the case is
taken without the statute of frauds. Troup v. Troup,
90.

What evidence held sufficient to take a case out of
the statute of frauds. (C. P.) Eichart v. Grayson,
298.

Although the statute of frauds requires an assign-
ment of a lease to be in writing irrespective of the dura-
tion of the term, the rule does not apply where the
contract has been fully executed by the payment of the
consideration on one side and the delivery and retention
of possession for over ten years on the other. (O. C.)
Wiley's Estate, 208.

The surrender of a lease for more than three years
being within the statute of frauds must be in writing.
(C. P.) Penn v. Auer, 447.

Aliter if the lease be for less than three years.
Wilgus v. Whitehead, 537.

Where there is a new consideration moving to the
promissor, a promise to be responsible for the debt of
another is not within the statute of frauds. Thomas
v. Wiltbank, 477.

FUNERAL EXPENSES.
ESTATES.

HUSBAND AND WIFE—Continued.
name of a husband a purchaser from him is not bound
by secret equities of the wife of which such purchaser
had no notice. Earnest v. Cuthbertson, 199.

A judgment confessed by a married woman can be
enforced in the single instance where a conveyance
having been made to her it forms part of an agreement
under which she takes the land. Quinn's Appeal, 118.

If such a judgment be given by a married woman
to her vendor seven months after the purchase of land
it is invalid. Ib.

The privilege afforded by the law to a married
woman of freedom from liability on her contracts is
purely personal, and does not extend to her husband
or any other person who joins with her in the obliga-
tion of a contract. Hope Building Association v.
Lance, 218.

In an action against a married woman it is neces-
sary to aver that the articles were necessaries and fur-
nished at her special request and upon her credit.
(C. P.) Bowler v. Titus, 384.

In an action to recover from the estate of a deceased
married woman for necessaries furnished to her during
her lifetime, what proof necessary. (C. P.) Long-
See DECEDENTS' shore v. Smith, 446.

A husband is primarily responsible for his wife's
funeral expenses, but if he be insolvent, the estate of
GRAVE. Right of owner of. See CONSTITUTIONAL the wife is chargeable for them. (O. C.) Darmody's
LAW. Craig v. Church, 421.
Estate, 487.

GROUND-RENT. See LANDLORD AND TENANT.
GUARDIAN AND WARD. A mother cannot
appoint a testamentary guardian for her children.
(0. C.) Darmody's Estate, 487.

After the lapse of forty years the administrator of a
deceased guardian cannot be cited to file an account.
It will be presumed that the estate was previously set-
tled. Eckert's Appeal, 21.

Although five years may have elapsed from the con-
firmation of a guardian's account, it will be reviewed
upon an allegation of a fund which remained undis-
covered until within a few months of the filing of the
petition for the review. Kuhn's Appeal, 19.

Where a guardian fails to keep a separate account
of his ward's money, he will not be permitted to charge
commission. (O. C.) Sauter's Estate, 95.

An executor of a married woman will be surcharged
with moneys paid out in taking up notes of his testa-
trix and her husband given for borrowed money, un-
less it is affirmatively shown that the money was bor-
rowed upon the credit of her separate estate, and ex-
pended in its necessary repair or improvement. (0.
C.) Leow's Estate, 333.

A married woman has no power over property set-
tled to her separate use except such as is given to her
in the deed of settlement. Although a power to sell
includes a power to mortgage, if a limited power to
mortgage is given, a mortgage not within the scope of
the power is void. Maurer's Appeal, 77.

The certificate of an officer competent to take an ac-
knowledgment that a married woman was of full age
at the time of executing a mortgage is not conclusive,
and if she were a minor she can only ratify such a
eject-mortgage after she comes of age by a separate acknow-
ledgment under the Act of Assembly. Loan Associa-
tion v. Cook, 428.

An attachment will not be issued against a guardian
for failure to pay the costs of an unsuccessful
ment undertaken on his ward's account. (C. P.)
Lewis v. Eddy, 451.

In an action brought in the name of husband and
HIGHWAY. See ROADS, HIGHWAYS AND BRIDGES. wife to recover for injuries caused the wife by the neg-
HUSBAND AND WIFE. The relation exist-ligence of the defendant, no recovery can be had for

ing between a man and woman living as husband and
wife presumptively is lawful, and to entitle him to
bring a suit on a contract made with the wife it is not
necessary that he should offer affirmative proof of the
marriage. (C. P.) Linden v. Kelly, 95.

Curtesy does not attach to an interest in remainder
owned by the wife. (C. P.) Young v. McIntyre, 252.
In order to deprive a husband of his right to share
in the distribution of his wife's estate neglect to pro-
vide for her must combine with drunkenness. (O.
C.) Cremer's Estate, 240.

any loss the husband has sustained for which he could
maintain an action in his own name. King v. Thomp-
son, 241.

Declarations of a husband are not binding on the
wife unless he is shown to have been at the time of
making them in the actual transaction of her business.
Robinson v. Dale, 166.

Declarations made by a wife are not admissible in
disproof of claim made by husband against decedent's
estate. (O. C.) Williamson's Estate, 576.

A wife is not a competent witness for her husband
Dower is not divested by a mortgage given by a hus-on trial for crime. Gibson v. Commonwealth, 35.
band solely for the accomplishment of that purpose,
and a wife may protect her right by a rule to open a
judgment obtained upon a scire facias upon the mort-
gage. McClurg v. Schwartz, 361.

The sale of the lands of a bankrupt by the assignee
in bankruptcy does not divest the dower of the wife.
Lazear v. Porter, 321.

Where the recorded title to real estate stands in the

A married woman has no power to appoint a testa-
mentary guardian of her minor children. Darmody's
Estate, 487.

Temporary inability of a husband by reason of sick-
ness to provide for his wife is not sufficient to entitle
the wife to claim the immunities of a feme sole trader.
There must be a desertion, neglect, or refusal on the
part of the husband, something that involves the wilful

INJUNCTION. See EQUITY: TRADE-MARK.
INNKEEPER, Liability of, for loss of goods of of 4 May, 1855, is entitled to inherit from its adopted

LACHES. When executors will not be ordered | LANDLORD AND TENANT-Continued.
to file a second account upon the application of a credit-
or whose claim was not presented at the audit of the
first account. (O. C.) Seeger's Estate, 369.

When failure to pay interest on building association
mortgage bars right to become a member of the associ-
ation. (C. P.) Building Asso. v. Gibson, 502.
LANDLORD. See EJECTMENT, TRESPASS FOR
MESNE PROFITS, TAX SALES.

LANDLORD AND TENANT. In the ab-
sence of a covenant on the part of the landlord to keep
premises in repair, their untenantable condition is no
defence to an action for rent. Wheeler v. Crawford, 172.
A provision in a will whereby a trustee is directed
to keep premises in good repair cannot be taken ad-
vantage of by a tenant. Ib.

The lessee of mining rights is not responsible for
unwittingly trespassing upon the adjoining lands of
his lessor in the absence of an express covenant.
Freck v. Locust Mountain Coal Co., 5.

A tenant who takes premises under a covenant to
keep in good repair is liable for damages caused a
neighbor by a nuisance created in the premises through
the careless manner in which he carried on his busi-
ness. Somers's Appeal, 441.

It is no defence to an action for rent that the tenant
took the premises upon the faith of a descriptive ad-
vertisement which proved to be false. (C. P.) Lock-
wood v. McNamara, 367.

The taking of a key from the tenant and the occu-
pancy of premises by a landlord are not necessarily
evidence of an acceptance of a surrender of the premi-
ses, but the question should be submitted to a jury.
(C. P.) Bradley v. Brown, 282.

The surrender or alteration of conditions of a lease
for less than three years need not be in writing, though
the original lease be under seal. Wilgus v. White-
head, 537.

Aliter, if the lease be for more than three years. In
such a case the statute of frauds applies. (C. P.)
Penn v. Auer, 447.

Although the statute of frauds requires an assign-
ment of a lease to be in writing irrespective of the
duration of the term, the rule does not apply where
the contract has been fully executed by the payment
of the consideration on one side, and the delivery and
retention of possession for over ten years on the other.
(0. C.) Wiley's Estate, 208.

The liability of the assignee of a lease depends
wholly upon privity of estate, and ceases if the as-
signee transfer his estate to another. Ib.

When a term for years is sold by a sheriff under exe-
cution, the sale operates as an assignment in law. A
purchaser at such sale takes the estate liable to such
covenants of the lease as may have attached to the
property demised, and also takes all the interest of the
assignor in the thing assigned, whether in possession
or expectancy. Simons v. Van Ingen, 61.

Quare. Whether a tenant from year to year is bound
to give notice of an intention to remove at the expira-
tion of the year. Wilgus v. Whitehead, 537.

In an action of covenant against a tenant holding
over after the determination of his term, judgment
cannot be entered against a tenant for want of an affi-
davit of defence. (C. P.) Petroleum Co. v. Logan, 502.
The pendency of a replevin upon a distress for the
rent of a previous month is not bar to a distress for
subsequently accruing rent. (C. P.) Watson v.
Marony, 345.

Distress. A piano leased to a tenant's wife was
liable to distress for rent prior to the passage of the
Act of 13 May, 1876. Kleber v. Ward, 235.

In order to exempt a piano from distress for rent
under the Act of 13 May, 1876, the notice provided
for in the Act must be given to the landlord at the
time when the leased instrument is put upon the de-
mised premises, or at least before the landlord's right
to distrain has accrued. McGeary v. Mellor, 244.

Goods entrusted to an agent to be sold on commis-
sion are not liable to distress for rent due by the agent.
Howe Machine Co. v. Sloan, 265.

Where judgment is entered for the defendant in a
replevin upon a distress, he is entitled to a fi. fa.
against the plaintiff, as provided by Statute 17 Car.
II. c. 7. (C. P.) Rosenthal v. Lehman, 559
Ground-rent deed, covenant in, to build, when
enforced. (C. P.) Penna. Co. v. Lynch, 446.
Liability of grantee of land subject to ground rent
for accruing rent. (C. P.) Brolasky v. Furey, 221.
Arrears, when discharged by sheriff's sale. (C. P.)
Penna. Co. v. Harshaw, 272; Hacker v. Cozzens, 468.
LAPSED LEGACY AND DEVISE. See
WILL. Massey's Appeal, 529.

LEGACY, whether vested or contingent. (0. C.)
Bannar's Estate, 148.

Ib.

Interest on, when allowed. Ib.

Right of guardian of minor to receive payment of.

See WILL.

LEX LOCI CONTRACTUS.
Mills v. Wilson, 325.

See CONTRACT.

See

How applied to suit against married woman.
HUSBAND AND Wife. (C. P.) Bowler v. Titus, 384.
LIBEL is any malicious publication, written,
printed, or painted, which by words or signs tends to
expose a person to contempt, ridicule, hatred, or de-
gradation of character. Barr v. Moore, 273.

Where an act is both a public and private wrong the
remedies by indictment and civil action are concurrent,
and the fact that an indictment will lie does not pre-
vent a jury from giving exemplary damages. Ib.

Art. I. § 17 of the Constitution, regulating prosecu-
tions for libel, applies only to indictment, and not to
civil actions for damages. Ib.

Where an article is libellous per se and not privi-
leged in its character, the publisher failing to estab-
lish its truthfulness, is liable for damages. Ib.

Every utterance or publication having the other
qualities of slander or libel, if it be wilful and unau-
thorized, is in law malicious. Ib.

LIENS, when divested. See EXECUTION, MORT-
GAGE. Bittinger's Appeal, 230.

LIFE TENANT, right of, to damages for taking
of life estate by railroad. See DAMAGES. R. R. v.
Bentley, 289.

LIMITATIONS. Where there has been a fraudu-
lent concealment of fact by a guardian, the limitation
of the Act of 13 October, 1840, begins to run not
from the final decree of confirmation, but from the dis-
covery of the fraud. Kuhn's Appeal, 19.

A citation to the administrator of a deceased guardian
to file the guardian's account will not be granted after
the lapse of forty years. Eckert's Appeal, 21.

Proceedings for an escheat must be begun within
twenty-one years after the death of the party whose
estate it is sought to escheat. (C. P.) Commonwealth
v. Naile, 191.

What sufficient acknowledgment of indebtedness to
toll the statute of limitations. Mayfield's Estate, 27.

To revive a debt barred by the statute of limitations
on the ground of part payment, there must be clear
proof that the payment was made on account of the
very debt in dispute. Kunkle v. Kolb, 48.

The bringing of an action which is subsequently dis-v.
continued does not toll the running of the statute of
limitations. Bickel's Appeal, 225.

Items of credit on a book account made within six
years will not entitle the plaintiff to judgment for want
of an affidavit of defence where the debt items of the
account are of a date more than six years before the
bringing of the action. (C. P.) Newton v. Smith, 56.
LIMITED COMPANY. Personal liability of
individual members, how enforced. (C. P.) Whitall
v. F. G. Williams & Co., limited, 44.