8 234 (Mo.App.) In action for killing $ 252 (Ark.) In replevin for logs, instructions plaintiff's horse at a crossing, it being establish-held erroneous because not warranted by the ed that the statutory crossing signals had been evidence.-Conway v. Coursey, 161 S. W. 1030. given, the court properly charged that there § 252 (Mo.) An instruction that the jury will was no evidence that the signals were not giv-consider the character of the witnesses and en, and restricted the jury to the evidentiary their conduct on the stand, etc., is not objecissues.-Fife y. Chicago & A. R. Co., 161 S. W. tionable as not based on evidence, where there 300.

was evidence contradicting the testimony of a 8 236 (Mo.) An instruction that the jury will witness.-Wendling v. Bowden, 161 S. W. 774. consider the character of the witnesses and their conduct on the stand, etc., is proper.- for the death of an employé, held abstract for

§ 252 (Mo.App.) An instruction, in an action Wendling v. Bowden, 161 S. W. 774.

failing to point out one or more safe systems of $ 242 (Tex.Civ.App.) Charge, in brakeman's rules, if any, which the evidence tended to show action for injury, that unless the jury should were safe, and which might have been adopted find the existence of all the facts enumerated in by the employer.-Marquez v. Koch, 161 s. w. a previous paragraph of the charge they should 648. return a verdict for defendant, held not confus

$ 252 (Mo. App.) Where, in an action on a ing.--St. Louis Southwestern Ry. Co. of Texas note by an indorsee, there was no evidence that v. Martin, 161 S. W. 405.

plaintiff acted in conjunction with the payee or § 242 (Tex.Civ.App.) An instruction on con- had anything to do with the transaction in tributory negligence held not misleading:- Tex- which the note was given, an instruction that as Midland R. R. v. Wiggins, 161 S. W. 445. if he had notice of the fraud before the transfer

8 243 (Ark.) Where the court properly charg- of the note to him, or if he acted in conjunced on agreed boundary, a further instruction, tion with the payee and others in inducing demaking plaintiff's right to recover depend en- fendant to execute the note, they should find tirely on whether he had adverse possession of for defendants was erroneous.-Hill v. Dillon, the land in controversy, was conflicting and er- 161 S. W. 881. roneous.-Tyrquett v. McMurrain, 161 S. W. An instruction not justified by any evidence 175.

in the case should be refused.-Id. $ 243 (Mo. App.) In an action for injury from 8 252 (Mo.App.) In an action against a street a street car's collision with plaintiff's wagon, railway for personal injuries from a collision, instruction, permitting a recovery if defendant where there was no proof of plaintiff's expectcould have prevented the accident by either ancy of life at her age, it was not error to resounding a gong or stopping the car and failed fuse an instruction that in determining the to do so, held not in conflict with instruction amount of damages her age and expectancy permitting recovery for the negligent failure to should be considered.—Johnson v. Springfield stop the car, even if the gong was being sound-Traction Co., 161 S. W. 1193. ed.-Johnson v. Springfield Traction Co., 161 § 252 (Tex.Civ.App.) An instruction that, if S. W. 1193.

inspection would not have disclosed the defect, 8 244 (Mo.App.) A request to charge that a the railroad company would not be liable, to certain statement made by defendant to plain-one injured thereby, held erroneous, in the abtiff would not constitute a contract of employ- sence of evidence of any inspection.--St. Louis ment on defendant's part individually was im- Southwestern Ry. Co. v. Moore, 161 S. W. proper as commenting on or particularizing cer- | 378. tain evidence.-Hatfield v. Swift, 161 S. W. § 252 (Tex.Civ.App.) In a brakeman's action 359.

for injuries, instruction permitting the consid

eration of the reasonable value of the time lost (D) Applicability to Pleadings and Evi- in consequence of the injury held applicable dence.

to the evidence.-St. Louis Southwestern Ry. $ 250 (Ark.) An instruction, in an action for Co. of Texas v. Martin, 161 S. W. 405. injuries to a passenger by the derailment of a

$ 252 (Tex.Civ.App.) A requested charge hav. car, held erroneous because submitting an issue ing no basis in the evidence should be refused.. not raised by the pleadings and the evidence.

-Adams v. Wm. Cameron & Co., 161 S. W. St. Louis, I. M. & S. R. Co. v. Thurman, 161 s. 417. W. 1054.

$ 253 (Ark.) In an action involving a disput$ 250 (Mo.App.) Instructions inapplicable to ed boundary line, a modification of a requested the issues and evidence are improper. -Citizens charge held erroneous, as in effect withdrawing Bank of Senath v. Douglass, 161 S. W. 601.

plaintiff's testimony, on the issue involved, from

the jury.-Turquett v. McMurrain, 161 S. W. $ 250 (Tex.Civ.App.) Where plea of recon- 175. vention alleging that plaintiff had circulated false reports concerning defendant preventing

(E) Requests or Prayers. him from marketing a crop of cotton and caus § 255 (Tex.Civ.App.) The failure of the court ing him humiliation, etc., failed to allege and to define phrases in its instructions is not error, there was no evidence of the amount of his pe- in the absence of a requested definition.-Elcuniary loss from his inability to market the lerd v. Campfield, 161 S. W. 392. cotton, held, that this claim should not have been submitted to the jury.-Gillispie v. Am- the court's general charge should be supplied by

$ 255 (Tex.Civ.App.) An error of omission in brose, 161 S. W. 937.

a request for a correct special charge.-St. $ 251 (Mo.App.) An instruction which per- Louis Southwestern Ry. Co. of Texas v. Martin, mits the jury to find for more damages than 161 S. W. 405. asked by the pleader is erroneous.--Weller v. Missouri Lumber & Mining Co., 161 S. W. 853.

$ 256 (Ark.) Instructions as to the validity of

a gift, which in themselves were correct, held $ 251 (Tex.Civ.App.) An instruction which not objectionable because they did not include submits an issue not raised by the pleadings or delivery as an essential element, in the absence evidence is erroneous.-Western Union Tele- of request so to charge.-Fancher v. Kenner, graph Co. v. Kersten, 161 S. W. 369.

161 S. W. 166. $ 251 (Tex.Civ,App.) Where no actual dam $ 256 (Tex.Civ.App.) In an action for wrongages were claimed for the levy of a garnish- ful garnishment, an instruction, authorizing ment, the court properly refused a request to the jury to allow damages for such actual loss charge that the jury should measure the actual as was the natural, direct, and proximate redamages by the reasonable market value of the sult of the service of the writs, held not obproperty taken, with legal interest thereon from jectionable as failing to give to the jury any the time of taking to the time of the trial.- rule for measuring the actual damages; it Bennett v. Foster, 161 S. W. 1078.

being incumbent on defendants to request fur


ther instruction if they desired it.-Bennett v. / struction thereon for defendant as a whole_covFoster, 161 S. W. 1078.

ered such matter.-Johnson v. Springfield Trac$ 258 (Mo.App.) Where the court gave ten in- tion Co., 161 S. W. 1193. structions requested by an employer when sued $ 296 (Mo.App.) In an action against a railfor the negligent death of an employé, the re- road company, an erroneous instruction held fusal to give seven other requested instructions cured by others.-Farmer v. St. Louis, I. M. & was not erroneous.—Marquez v. Kuch, 161 S. S. Ry. Co., 161 S. W. 327. W. 648.

$ 296 (Mo.App.) In an action against a street § 260 (Ark.) The refusal of requested instruc- railway for personal injuries from a collision, tions was not prejudicial error, where other in a defense like contributory negligence, which structions were given correctly covering the must be pleaded and proved by defendant, may same subject.-St. Louis, I. M. & S. Ry. Co. v. properly be left to a separate instruction, so Reilly, 161 S. W. 1052.

that a general instruction for plaintiff omitting $ 260 (Mo.App.) Where the court fully charg- any reference to such defense was not erroneed that plaintiff could recover only in case she ous.-Johnson v. Springtield Traction Co., 161 exercised reasonable care at the time she was

S. W. 1193. injured on the defective walk in question, it § 296 Tex.Civ.App.) In a brakeman's action was not error to refuse an instruction prescrib- for injuries from slipping from a step on the ing the care required of a person passing over tender, a charge on the assumption of risk, if such walk.-Price v. City of Maryville, 161 S. objectionable as stating an abstract proposition W. 295.

of law, held, when considered with a special $ 260 (Mo.App.) Defendant was not prejudic- charge, to correctly submit that issue.-St. ed by refusal of a request to charge, the sub-Louis Southwestern Ry. Co. of Texas v. Marject of which was covered by another instruc-tin, 161 S. W. 405. tion.-llatfield v. Swift, 161 S. W. 359.

IX. VERDICT. $ 260 (Mo.App.) Having given an instruction fairly and clearly presenting an issue, further (B) Special Interrogatories and Findings. instructions, differently worded but covering the same point or making nice legal distinctions, Court for the district and county courts gov

$ 349 (Tex.Civ.App.) The rule of the Supreme are properly refused.—Johnson v. Springfield erning the submission of special issues is not a Traction Co., 161 S. W. 1193.

limitation of the power of the court, and the § 260 (Tex.Civ.App.) Where defendant


court may under the statute, at the request of quested two special charges on the issue as to either party or on its own motion, subinit a whether plaintiff's grantor had ever claimed a case on special issues.-Ellerd v. Campfield, 161 definite tract, the giving of one of the special | S. W. 392. charges was sufficient, and defendant cannot complain of the refusal of the other.-Houston

X. TRIAL BY COURT. Oil Co. of Texas v. Lambert, 161 S. W. 6.

(A) Hearing and Determination of Cause. $ 260 (Tex.Civ.App.) Requested charges were properly refused where those which were

$ 370 (Ky.) Where, in an action for the value rect were sufficiently covered by charges given. of services, etc., the case was properly trans-St. Louis, B. & M. Ry. Co. v. Vernon, 161 s. ferred to the equity docket, under Civ. Code W. 84.

Prac. $ 10, subsec. 4, because of the large $ 260 (Tex.Civ.App.) A requested charge is number of accounts involved, the court also properly refused where covered by other charges i the jury as to whether defendant promised to

properly refused to submit certain questions to given.- Missouri, K. & T. Ry. Co. of Texas v. Leabo, 161 S. W382.

pay for the work, etc.-Garvey v. Garvey, 161

S. W. 526. $ 260 (Tex.Civ.App.) Special charges requested by defendant held properly refused, where (B) Findings of Fact and Conclusions of the subject matter thereof had been sufficiently

Ꮃ. charged in the general charge.—St. Louis Southwestern Ry. Co. of Texas v. Martin, 161 S. W. having been rendered against plaintiff, he can

397 (Tex.Civ.App.) An adverse judgment 405.

not contend that it was improper because the $ 260 (Tex.Civ.App.) The refusal of a court did not sustain bis claims of title upquested charge covered by the charges given is on matters not pleaded or placed in issue.-Ratnot error.--Adams v. Wm. Cameron & Co., 161 cliffe v. Ratcliffe, 161 S. W. 30. S. W. 417.

$ 397 (Tex.Civ.App.) In suit against debtor's $ 260 (Tex.Civ.App.) Refusal of a requested fraudulent grantee, finding against his claim of instruction may not be complained of; the mat- equitable ownership, based on his claim that he ter being substantially covered, both in affirma- furnished the consideration for the debtor's purtive and negative form, by another requested chase, held to be implied from the judgment instruction, which was given, and by the gener, against him.-Landers v. McCutchan, 161 S. W. al charge;-Lattimore v. Puckett & Wear, 161 960. S. W. 951.

$ 260 (Tex.Civ.App.) In a personal injury ac- XI. WAIVER AND CORRECTION OF tion, where the court fully charged on proxi. IRREGULARITIES AND ERRORS. mate cause, the refusal of a special charge on that issue, which also defined remote cause, in evidence, after demurring to plaintiff's evi

$ 418 (Mo.App.) Defendant by itself putting was not error.-Ft. Worth Belt Ry. Co. v. Cadence, thereby waived its demurrer.- Battles v. bell, 161 S. W. 1083.

United Rys. Co. of St. Louis, 161 S. W. 614. $ 261 (Tex.Civ.App.) Where an instruction is partially bad, it may be entirely refused.-Ben

TROVER AND CONVERSION. nett v. Foster, 161 S. W. 1078.

8 267 (Mo.) Where the court modified an in- See Chattel Mortgages, $$ 170, 220-222, 225, struction as requested by defendant, and gave 229; Warehousemen, 28. it as modified, it was error if the instruction was a proper one, as requested.-Turner v. But- I. ACTS CONSTITUTING CONVERler, 161 s. w. 745.


THEREFOR. (G) Construction and Operation.

$ 11 (Tex.CivApp.) One who buys personalty $ 295 (Mo.App.) Error in a general instruc- must ascertain the ownership thereof at his tion omitting any reference to contributory neg. peril, and his possession in denial of the real ligence held harmless, where it and the in- Jowner's right if the seller had authority to sell


For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER

constitutes a conversion of the property.-Nunn (B) Rights and Remedies of Parties. v. Padgitt Bros., 161 S. W. 921.

$115 (Ark.) Parol evidence is admissible to

show that a contract for the purchase and reTRUST DEEDS.

sale of land is a mere cloak for usury.-Prickett See Mortgages.

v. Williams, 161 S. W. 1023. TRUSTS.

VACATION. See Adverse Possession, $ 43; Appeal and Er- See Divorce, g 167. ror, $ 877 ; Banks and Banking, $ 253; Corporations, $ 310; Evidence, $ 271; Monopo

lies, g 12; Reformation of Instruments, 88 See Partition, &$ 55, 63.
19, 36; Wills, 88 6, 693.


See Indictment and Information, § 171 ; Rape, (A) Express Trusts.

§ 66; Robbery, $ 20. $ 31 (Tex:Civ.App.) A showing of accident, fraud, or mistake is not necessary to ingraft a

VEHICLES. trust upon a deed conveying the legal title on its face.-Ratcliff v. Ratcliff, 161 S. W. 30.

See Constitutional Law, $ 301 ; Highways, $

165. (B) Resulting Trusts. § 81 (Mo.) Where a widow with minor chil

VENDOR AND PURCHASER. dren assumed to deal with the personal estate See Appeal and Error, $ 1027; Constitutional of her deceased husband as her own, and in Law, $75; Evidence, 8$ 230, 419; Execuvested it in real estate in her own name, there tion, 88 272, 275; Executors and Adminiswas a resulting trust in the property so pur trators, $$ 329-397 ; Frauds, Statute of, $ 18; chased in favor of the children, whose money Homestead, $203; Judgment, $ 251; Logs was so used, and in such ratable proportion to and Logging, $ 3; Municipal Corporations, s each as each contributed to the purchase mon 487; Partnership, § 246; Payment, $ 80; ey.-Hynds v. Hynds, 161 S. W. 812.

Railroads, 8. 72; Remainders, § 16; Sales;

Specific Performance.

II. CONSTRUCTION AND OPERA(B) Estate or Interest of Trustee and of

Cestui Que Trust.

$ 54 (Tex.Civ.App.) A vendor of real estate $ 147 (Mo.) A cestui que trust who is entitled retains the superior title until the purchase to a conveyance may direct that it be made to money is paid.-Ivy v. Pugh, 161 S. W. 939. another so as to pass his whole interest in the § 79 (Tex.Civ.App.) A deed and a bill of sale property.-Boothe v. Cheek, 161 S. W. 791. of personalty with the grantee's simultaneously

executed mortgage and notes to secure payment TUBERCULOSIS.

of the purchase price, construed together, held

to show an executory contract for a conveyance See Taxation, § 38.

of land; the superior title to remain in the

grantor until payment of the purchase price.ULTRA VIRES.

Vinson v. W. T. Carter & Bro., 161 S. W. 49.

$ 80 (Ky.) Evidence held to show that a sale See Corporations, 8 309.

of land was by the acre, and not in gross,

though the deed described the land by adjoinUNDUE INFLUENCE.

ing land and public roads, and recited that See Contracts, $8 96, 99; Deeds, $ 72; Wills, there were 200 acres, more or less.- Moreland 88 156–166, 324.

v. Henry, 161 S. W. 1105. UNIONS.


(D) Payment of Purchase Money. See Conspiracy, § 19; Injunction, 88 101, 114.

8 175 (Ky.) Where plaintiff understood the

purpose of defendant in buying the surface of UNITED STATES.

his land, plaintiff should be compelled to abate See Courts, $ 96.

the purchase price by the amount necessary to obtain a quitclaim deed from another mining

company to whom he had granted inconsistent USURY.

rights.-Marrowbone Coal & Coke Co. v. Cole


V. RIGHTS AND LIABILITIES OF (A) Nature and Validity.

PARTIES. $ 2 (Mo.App.) Notes secured by chattel

(A) As to Each Other. mortgage, payable in Missouri though executed 8 203 (Ky.) A vendee of real property under in Kansas, held Missouri contracts, and, being an oral contract of sale held not liable for the void for usury under the law of that state, were destruction of a cabin on the property which unenforceable.-J. I. Case Threshing Mach. Co. she replaced with a better house.-Burks v. v. Tomlin, 101 S. W. 286.

Douglass, 161 S. W. 225. $ 48 (Mo.App.) Under Rev. St. 1909, $ 7182, a note bearing a lawful rate of interest before

(C) Bona Fide Purchasers. maturity and an unlawful rate after that time

$ 229 (Tex.Civ.App.) Where a purchaser was is usurious, if forbearance is exercised and the affected with notice that his grantor acquired unlawful rate is exacted.-J. I. Case Threshing title during the life of his wife, he was charged Mach. Co. v. Tomlin, 161 S. W. 286.

with notice that the property was community:8 80 (Mo.App.) Under the express provisions Le Blanc v. Jackson, 161 S. W. 60. of Rev. St. 1909, $$ 7180, 7182, 7184, a chattel Where a purchaser knew that his grantor mortgage securing a note bearing more than 8 had been married, as several of his children per cent. interest is void for usury.-J. I. Case joined in the deed, he was bound to take notice Threshing Mach. Co. v. Tomlin, 101 S. W. 286. I that other children of the grantor's wife were



entitled to an interest in their mother's half of

VENUE. community land.-Id. $ 231 (Mo.) Under Rev. St. 1909, $ 2810, re

See Appeal and Error, $ 916; Criminal Law, lating to notice by record, a purchaser is charg

$8 111-137, 564, 1144, 1150; Trial, $ 217. ed with constructive notice of everything, in prior recorded deeds, which go to make up the II. DOMICILE OR RESIDENCE OF chain of title under which he holds.-Garrett v.

PARTIES. Wiltse, 161 S. W. 694.

$ 21 (Tex.Civ.App.) Under Rev. St. 1895, art. $ 239 (Tex.Cir. App.) The legal title of the 1194, prescribing the venue of actions upon purchaser for value rot shown to have notice contracts to be performed in any particular of an outstanding equitable_titlé held superior county, a consignor of cotton shipped to and to the equity.--Le Blanc v. Jackson, 161 S. W. paid for by drafts in H. county, could not in 60.

the consignee's action to recover an overpay$ 242 (Tex.Civ.App.) Parties asserting an eq- ment, plead privilege to be sued in T. county, uitable title as against a purchaser for value where he resided.-Theodore Keller Co. v. Manhave the burden of showing that he had notice gum, 161 S. W. 19. of all the facts constituting their title.-Le

Where a written contract between a Blanc v. Jackson, 161 S. W. 60.

signor of cotton and a consignee was to be per$ 243 (Mo.) As against a subsequent bona fide formed in H. county, so that the consignor could purchaser without notice of such declarations, not plead the privilege of being sued in anothevidence as to a prior grantor's declarations as

er county, the venue for the consignee's recovto the estate intended to be conveyed was not ery of overpaid freight charges might also lie admissible if not actually brought to such sub- in H. county, in order to avoid a multiplicity of

suits.-Id. sequent purchaser's notice.-Garrett v. Wiltse, 161 S. W. 694.



8 36 (Ark.) Acts 1909, p. 751, providing that (A) Lien and Recovery of Land.

the venue of civil actions shall not be changed $ 258 (Ky.) A deed providing that in consid- unless the court finds that the same is neceseration of $500, secured to be paid by part of sary to obtain a fair trial, applies to all civil a note of $500 executed to grantee by C. for actions.-St. Louis, I. M. & S. Ry. Co. v. Reil$500, "$240 of which was part of the above ly, 161 S. W. 1052. consideration," the balance being evidenced by 8 42 (Ark.) Under Acts 1909, p. 751 providnotes of grantee, and retaining a lien for "the ing that the venue of civil actions shall not be unpaid purchase money herein before named,' changed unless the judge finds that the same only secured the balance of the price, the $240, is necessary to secure a fair trial, upon finding even if the lien was intended to apply to the that a fair trial may be had in the county of C. note of $500.-Arnett v. Howard, 161 S. W. the venue, the judge has no discretion to order 531.

a change.-St. Louis, I. M. & S. Ry. Co. v. Reil$ 265 (Tex.Civ.App.) Plaintiff, claiming un- ly, 161 S. W. 1052. der a purchaser from a vendee with notice of 872 (Ark.) While the court has a certain the vendor's lien and superior title, held not discretion in weighing the evidence on a motion entitled to recover against those claiming under to change the venue because of local prejudice, the vendor.–Vinson v. W. T. Carter & Bro., it cannot arbitrarily refuse a change if the ev161 S. W. 49.

idence shows that a fair trial cannot be had. $ 267 (Tex.Civ. App.) Where defendant gave -St. Louis, I. M. & S. Ry. Co. v. Reilly, 161 vendor's lien notes in payment of land and aft- S. W. 1052. er bankruptcy deposited the amount of the note

A statement by the judge, when defendant ofthen due with the payee under an agreement fered to produce 20 or more persons to sign an that the deposit should be returned to him in affidavit supporting the change of venue, that case it was held in the bankruptcy court that it would do no good, as a request of 200 persons the land was not his homestead, the payee's would not compel him to make an order he did wrongful retention of the deposit after an ad- not think was correct, was not a refusal to hear judication adverse to the homestead claim did more testimony on the question.-Id. not constitute payment.--Brown v. Bay City

The court has some discretion in determining Bank & Trust Co., 161 S. W. 23.

how many witnesses he will hear on a motion to

change the venue because of local prejudice. (B) Actions for Purchase Money.

-Id. $ 315 (Tex.Civ.App.) A deed and a bill of sale

VERDICT. of personalty with the grantee's simultaneously See Criminal Law, 88 753, 857–866, 885; Hom. executed mortgage and notes to secure the pay

icide, $ 313; New Trial, $$ 72, 78; Pleading, ment of the purchase price held proof that the

88 403–433; Robbery, $ 28; Trial, $$ 178, 349. purchase money was not fully paid at the time of the conveyance.–Vinson v. W. T. Carter & Bro., 161 S. W. 49.

VERIFICATION. § 315 (Tex.Civ.App.) In an action by a ven- See Divorce, § 105; Injunction, § 122; Pleaddor for the price, evidence held to show perform- ing, $ 301. ance by the vendor, and that out of the payment to be made by the purchaser to the escrow holder taxes on the land and incumbrances were

VIGILANT WATCH DOCTRINE. to be paid, so that the purchaser would acquire See Street Railroads, 88 81, 90. a good title.-Fahey v. Benedetti, 161 S. W.


See Payment, $ 82. (B) Actions for Breach of Contract.

VOTERS. $ 343 (Ky.) Where a tract of land was represented by the vendor to contain 200 acres, See Elections. and the sale was not in gross of a body of land, but by the acre, the vendee could recover the

WAIVER. value of any deficit in quantity.—Moreland v. See Account, Action on, $ 4; Appeal and Error, Henry, 161 S. W. 1105.

$ 194; Criminal Law, § 1178; Highways, s


For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER

38; Insurance, 88 755, 819, 825; Justices of conducting himself, held not justified in carry. the Peace, g 174; Parties, $ 75; Pleading, seing a pistol, though he had reason to believe 403–433; Sales, § 176; Trial, $ 418.

from assaults made on others that he was like

ly to be assaulted.—Tafolla v. State, 161 S. W. WARDS,

1091. See Guardian and Ward,


See Conversion; Descent and Distribution ; WAREHOUSEMEN.

Executors and Administrators; Powers; Tax. See Pledges, $29.

ation, 88 867, 893. § 28 (Mo.App.) A cold storage company, to 1. NATURE AND EXTENT OF TESTA. whom produce stored with it was pledged for

MENTARY POWER. advancements, having refused to sell it to customers produced by the pledgor at prices suffi

$6 (Mo.) An equitable interest, such as a re cient to pay it, and then sold it for less, is sulting trust, would pass under the beneficiary's liable for conversion.—Union Cold Storage & will if its terms were sufficient to pass such inWarehouse Co. y. Pitts, 161 S. W. 1182.

terest.-Boothe v. Cheek, 161 S. W. 791.


§ 47 (Mo.) That testator was old and greatSee Master and Servant, 88 150, 155.

ly weakened in mind and body did not justify

the court in confining him more closely to conWARRANT.

ventional methods in distribution.-Turner y.

Butler, 161 S. W. 745. See Searches and Seizures.

$ 52 (Mo.) The burden is upon the proponen: WARRANTY.

of a will to establish testamentary capacity of

the testator by a preponderance of all the eviSee Sales, 88 279, 284, 425-446.

dence.-Turner v. Butler, 161 S. W. 745.

8 53 (Mo.) Where the issue was as to the WATERS AND WATER COURSES. testamentary capacity of testator, the court

properly excluded questions asked an attorney, See Levees; Municipal Corporations, $$ 70, 73, with whom testator had advised shortly before

266, 772; Navigable Waters; Pleading, $ 8; executing his will, as to the attorney's reasons Railroads, 88 108, 114; Trial, & 219.

for refusing to write the will at that time.

Turner v. Butler, 161 S. W. 745. II. NATURAL WATER COURSES. (A) Riparian Rights in General.

IV. REQUISITES AND VALIDITY. § 38 (Tex.Civ.App.) A depression of the

(B) Form and Contents of Instruments. ground in a flat marshy country filled with $ 104 (Mo.) A will which is so vague that the rank vegetation from a quarter of a mile to a court cannot by reasonable rules of construction mile in width, with no defined banks and no determine testator's intent is void.-Griffith v. channel, and through which water only oozes, Witten, 161 S. W. 708. is not a watercourse.-Wilborn v. Terry, 161 S. A will, though ungrammatical in its construcW. 33.

tion and showing that testator was illiterate, V. SURFACE WATERS.

held not so uncertain or incapable of construc

tion as to be void.-Id. $ 118 (Tex. Civ.App.) Where lower landowner prevents surface waters from flowing (F) Mistake, Undue Influence, and Fraud. over his land, thus obstructing natural drainage, though not interfering with the water.

$ 156 (Mo.) That testator was old and greatcourse, he is not liable for injuries caused to ly weakened in mind and body should make the the lands of other proprietors upon which the court more careful in its scrutiny of the inju. surface waters are thrown back.--Wilborn v.

ences which surrounded him.-Turner v. ButTerry, 161 S. W. 33.

ler, 161 S. W. 745. A landowner who erected a dam, thus collect- $ 158 (Mo.) The law does not denounce the ing surface waters in a lake upon his own prop- influence which a son-in-law may have over his erty and retaining them so that they were father-in-law, but only the improper use of it.thrown back on the land of higher proprietors, Turner v. Butler, 161 S. W. 745. is liable for the injury.-Id.

$ 163 (Mo.) When proponents have shown 8 126 (Tex.Civ.App.) In an action for damag- that a will was executed with all the prescribed es for damming a lake so that surface waters formalities while the testator was of sound were collected and thrown back on plaintiff's mind, it will then be presumed that it was bis land, evidence held insuflicient to show that the free and voluntary act.-Turner v. Butler, 161 dam cast water upon plaintiff's land, at most | S. W. 745. only showing that it prevented the surface wa- $ 163 (Mo.) The confidential relation between ter from flowing off as rapidly as before.-Wilson and father held to impose on him the burborn v. Terry, 161 S. W. 33.

den of overcoming the prima facie case that the

will was executed through his undue influenceIX. PUBLIC WATER SUPPLY.

Wendling v. Bowden, 161 S. W. 774. (A) Domestic and Municipal Purposes. 8 166 (Mo.) That influence of a son-in-law is

§ 183 (Ky.) An offer by a city to purchase the shown to exist, and that testator gave a large property of a water company at a fixed price part of his estate to the daughter, the wife of held not an exercise by it of its option to pur- the son-in-law, held not sufficient to establish chase under a contract with the water company undue influence.-Turner v. Butler, 161 S. W. but an offer to make a new contract.-Kenton 745. Water Co. v. City of Covington, 161 S. W. $ 166 (Mo.) Evidence held to sustain a finding 988.

that a will was procured through undue intiuWAYS.

ence.-Wendling v. Bowden, 161 S. W. 774. See Municipal Corporations, 88 648, 663, 766– V. PROBATE, ESTABLISHMENT, AND 821.


(B) Actions to Establish or Determine

Validity in, General. See Robbery, 88 28, 30.

$ 229 (Ky.) Where testatrix devised life es. $ 13 (Tex.Cr.App.) A person who was elec- tates in her property and the remainder over tioneering on election day, and not properly I to a church, a question raised by her heirs,


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