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to the use or one of the toll houses as against one who obtained possession from a gate keeper of the turnpike company without its knowledge or consent.-Nicholas County v. Hawkins (Ky.) 524.

The failure of a turnpike company to collect tolls and keep its road in repair, after its acceptance of the proposition of the county to make its road free, was not an abandonment of the road by the company, under Ky. St. § 4732.-Bardstown & L. Turnpike Co. v. Nelson County (Ky.) 862.

See "Bonds."

UNDERTAKINGS.

UNDISCLOSED AGENCY.

See "Principal and Agent," § 2.

UNITED STATES.

Courts, see "Removal of Causes."

USAGES.

See "Customs and Usages."

USURY.

See "Building and Loan Associations." $ 1. Usurious contracts and

tions.

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Where a debtor borrowed money from the daughters of his creditor to pay his debt to their father, and afterwards borrowed money from their mother to pay the debt to them, he cannot recover from the mother usury paid to the daughters or their father; the transaction being in good faith and in fact a loan of money by the mother to the debtor.-Stephenson v. Shirley (Ky.) 387.

A loan is not usurious because it draws the highest legal rate of interest from a time previous to the delivery of the money to the borrower, where it was set aside for his use at such time.-Geisberg v. Mutual Building & Loan Ass'n (Tex. Civ. App.) 478.

A contract is not usurious simply because the highest rate of interest is charged, which is payable monthly in advance, and the overdue interest bears interest.-Geisberg v. Mutual Building & Loan Ass'n (Tex. Civ. App.) 478.

Where a special charge requested ignored an issue changing the whole aspect of the case, it was properly refused, and was not sufficient to call the court's attention to such issue omitted from the charge.-Cotton States Bldg. Co. v. Jones (Tex. Civ. App.) 587.

A subsequent purchaser of mortgaged proper ty, who assumed payment of a mortgage debt, cannot raise the question of usury in the original contract.-Southern Home Building & Loan Ass'n v. Winans (Tex. Civ. App.) 825.

A contract to pay 10 per cent. interest per annum on principal, interest, and cost of taking up a judgment on a debtor's land, including a note for $300 as further security, held usurious.-Nesbit v. Goodrich (Tex. Civ. App.) 1017.

Where a debtor made a usurious contract with one who took up a judgment against his land, he would still be liable for the amount of the judgment, with interest and costs, though the contract was avoided as usurious. Nesbit v. Goodrich (Tex. Civ. App.) 1017.

VACATION.

Of judgment, see "Judgment." § 4.

Sale on execution, see "Execution," § 1.

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Vendor's lien on community property, see "Husband and Wife." § 6.

8 1. Requisites and validity of contract. Where the grantor in a deed held the land adversely for 15 years, he acquired title, as against the grantees subsequently conveyed, though he had no notice of the adverse holding.-Fain v. Miles (Ky.) 939.

§ 2. Modification or rescission of contract.

Where one who borrowed money to pay for land purchased sued both the vendor and the lender to rescind the contract for fraud, to which he alleged both were parties, and lender had no notice of the fraud, court will not rescind the contract of sale, as it would be prejudicial to plaintiff to do so, and leave him liable for the money borrowed to pay the purchase price.-National Loan & Building Ass'n No. 1 of Newport v. Maloney (Ky.) 12.

Where the defendant is ousted from the possession of land on which he entered under an oral agreement to purchase, but without agreement as to the purchase price, he is entitled to an account for improvements, etc., notwithstanding complainant tendered him a deed.-Gardenhire v. Rogers (Tenn. Ch. App.) 616.

Bank held entitled to recover on a note and to foreclose a vendor's lien reserved to the amount of the debt secured, despite the cancellation of the note as to the parties by the rescission of the executory deed.-Terhune v. First Nat. Bank (Tex. Civ. App.) 352.

A deed reserving a lien to secure one of several purchase-money notes was executory, and by its rescission the notes were canceled as between the parties, and one in privity with vendor could not recover on them.-Terhune v. First Nat. Bank (Tex. Civ. App.) 352.

§ 3. Performance of contract.

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Under a contract requiring the vendor to furnish a marketable title only, the fact that a corporate deed in the chain of title was knowledged before a notary who was a stockholder and general manager of the corporation was not ground for refusal to complete the purchase.-Jones v. Hanna (Tex. Civ. App.) 279.

Where a deed of trust to secure the deferred payments on property sold requires the payment of interest, and provides that default in any covenant will mature the deed, a failure

to pay such interest after the death of the ven-
dee is a default which will authorize the ven-
dor to rescind the sale.-Curran v. Texas Land
& Mortgage Co. (Tex. Civ. App.) 466.
§ 4. Rights and liabilities of parties.
Where a deed to a railroad company of a
right of way recited that it was executed in
consideration of the fact that the grantee "has
located and constructed its line of railroad
through the lands of the first parties, according
to the agreement entered into October 16, 1882,
between the parties hereto," a purchaser from
the grantee was not charged with notice of the
unrecorded agreement referred to.-Bailey v.
Southern Ry. Co. (Ky.) 631.

One who purchased land and accepted a deed thereto without notice of a title bond previously executed by the vendor to another is entitled to hold the land as against the prior purchaser.-Combs v. Hall (Ky.) 647.

One who purchases land, believing it to be community property of the vendor and his deceased wife, and having no notice that it is her separate property, held chargeable with notice that his vendor can only convey the legal title to one-half interest therein.-Hunt v. Matthews (Tex. Civ. App.) 674.

Evidence held insufficient to show plaintiff a bona fide purchaser as against a recorded bond executed by one stating in the body of the deed that he was acting as agent for plaintiff's grantors.-Marlin v. Kosmoroski (Tex. Civ. App.),

788.

Purchasers of land held bound by a prior exchange made by the vendor, whereby he acquired certain land on east end of his lot in exchange for land conveyed from the west end of the lot.-Scott v. City of Marlin (Tex. Civ. App.) 969.

$ 5. Remedies of vendor.

A vendor who has a lien for unpaid purchase money is entitled to an injunction restraining the purchaser from cutting timber.-May v. Williams (Ky.) 525.

In a suit to redeem from foreclosure of a

prior vendor's lien, the purchaser held not bound to prove that he had no notice of plaintiff's claim, based on an unrecorded assignment of lien.-Rogers v. Houston (Tex. Sup.) 869.

The owner of a note, secured by a vendor's lien and acquired prior to a suit to foreclose note secured by a prior lien, held entitled to redeem from the purchaser at the sale.-Rogers v. Houston (Tex. Civ. App.) 445.

VENUE.

Criminal prosecutions, see "Criminal Law,"
§ 2.

§ 1. Nature or subject of action.
The venue of an action to cancel a deed and
quiet title to land, and in the alternative for
the enforcement of a lien on the land for the
unpaid purchase money, is in the county in
which the land lies.-Burt & Brabb Lumber
Co. v. Bailey (Ky.) 485.

§ 2. Domicile or residence of parties.
Plea and demurrer to petition, on ground that
defendants were entitled to be sued in another
county, held waived.-Parlin & Orendorff Co. v.
Miller (Tex. Civ. App.) 881.

§ 3. Change of venue or place of trial. Where a court had jurisdiction of an action, its order changing the venue to another county was not void, however erroneous it may have been.-McNew v. Martin (Ky.) 412.

Under Rev. St. 1899, §§ 822, 833, a special judge, who has been elected without the consent of the parties after the interposition of a motion for change of venue for disqualification of the judge, has no jurisdiction to hear the cause.-State ex rel. Sprague v. Flournoy (Mo.) 1098.

Under Rev. St. 1899, § 833, a motion for a change of venue in the circuit court to a different county is properly denied, when a deposit of $10 is not made by the moving party. -State ex rel. Sprague v. Flournoy (Mo.) 1098. A court to which a cause is transferred on agreement of the parties, and order entered under Rev. St. art. 1270, has jurisdiction notwithstanding all papers are not transmitted as provided in the agreement.-Jones v. Bourbonnais (Tex. Civ. App.), 986.

VERDICT.

Directing verdict in civil actions, see "Trial,"
$ 5.

In civil actions, see "Trial," § 10.
In criminal prosecutions, see "Homicide," § 7.
Necessity of conformity of judgment, see
"Judgment," § 5.

Operation and effect as curing defects in plead-
ings, see "Indictment and Information," § 6:
"Pleading," § 9.

Review on appeal or writ of error, see "Appeal and Error," § 15.

Setting aside, see "New Trial," § 1.

VESTED RIGHTS.

Under Sayles' Civ. St. arts. 2378, 4640, a decree allowing a junior lienholder to redeem, he not having been a party to foreclosure of prior lien, held proper; purchaser making no Protection, see "Constitutional Law," § 3. showing of lack of notice.-Rogers v. Houston (Tex. Civ. App.) 445.

VICE PRINCIPALS.

and recover land, or affirm contract with fore- See "Master and Servant," § 2.

Where vendor's lien is reserved, and vendee makes default, vendor may rescind contract

closure.-Curran v. Texas Land & Mortgage Co. (Tex. Civ. App.) 466.

Under the constitutional provision conferring

exclusive jurisdiction of actions to try title See "Elections."
on the district court, such court has jurisdic-
tion of an action brought by a vendor, who re-
tained a lien on property sold, to recover the
property after default by the estate of the
vendee.-Curran v. Texas Land & Mortgage
Co. (Tex. Civ. App.) 466.

6. Remedies of purchaser.

Where defendant had previously conveyed to another real estate, which he conveyed to plaintiff in exchange for other property, plaintiff was entitled to recover damages, though defendant in the previous deed had reserved an option on the property.-Caumisar v. Conley (Ky.) 375.

VOTERS.

WAIVER.

See "Estoppel"; "Insurance," § 6; "Pleading," § 9; "Trial," § 11.

Exemption of homestead, see "Homestead,"
§ 4.

Grounds of abatement, see "Abatement and
Right to appeal, see "Appeal and Error," § 3.
Revival," § 2.

WARDS.

See "Guardian and Ward."

WARRANTY.

By insured, see "Insurance," §§ 4, 5.
On sale of goods, see "Sales," §§ 5, 7.

WATERS AND WATER COURSES. See "Navigable Waters."

§ 1. Appropriation of rights in public

lands.

The banks of a river between high and low water mark belong to the owner of the land above high-water mark.-Meek V. Catlettsburg & P. Packet Co. (Ky.) 484. § 2. Artificial ponds, reservoirs, and channels, dams, and flowage.

A person constructing an artificial pond on his land is responsible for injury caused by his permitting water to seep or percolate therefrom, regardless of the question of negligence in the construction of the banks.-Texas & P. Ry. Co. v. O'Mahoney (Tex. Civ. App.) 902.

Defendant's request to charge as to measure of damages, in an action for overflow from an artificial lake, held properly refused.-Texas & P. Ry. Co. v. O'Mahoney (Tex. Civ. App.) 902. Defendant's request to charge as to plaintiff's duty to guard against injury from water overflowing from an artificial pond held not applicable to the evidence.-Texas & P. Ry. Co. v. O'Mahoney (Tex. Civ. App.) 902.

WAYS.

and their heirs," the daughters took a fee-simple estate in the entire land in which the money was invested.-Harlow v. Scobee's Adm'r (Ky.) 861.

§ 2. Rights and liabilities of devisees and legatees.

Under Ky. St. § 2067, providing that a devisee may disclaim by deed within a year after notice of the probate, the surviving husband may renounce a provision of the wife's will for his benefit and claim his statutory share of her estate.-Brand's Ex'r v. Brand (Ky.) 704.

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An agent may testify for his principal as to a transaction had by him as such agent with one who is dead at the time he offers to testify.

Public ways, see "Highways"; "Municipal Cor--Brooks v. Spain (Ky.) 184. porations," §§ 6, 7.

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In an action by husband and wife on a note executed to them jointly, in which the defendant pleaded non est factum and no consideration, the wife, under Civ. Code Prac. § 606, was a competent witness.-Smith v. Doherty (Ky.) 380.

Plaintiff was not a competent witness for himself as to a transaction with the president of defendant corporation, who was dead at the time of trial.-Murray v. East End Imp. Co. (Ky.) 648.

One from whom the grantor derived title was a competent witness to prove the execution of a deed, though the grantee was dead when he testified.-Shoptaw v. Ridgway's Adm'r (Ky.) 723.

Under Civ. Code Prac. § 606, the wife is not a competent witness as to acts of cruelty on the

See "Descent and Distribution"; "Executors part of the husband alleged by her as ground and Administrators."

§ 1. Construction.

A tenant in common by devise held not entitled to the use of the property devised, but only to the management thereof, and chargeable with rents and profits.-Dunavant v. Fields (Ark.) 420.

Ky. St. § 4839, providing that a will shall be

construed "with reference to the real and personal estate comprised in it," to take ef fect as if executed immediately before the death of the testator, does not fix the time when the rights of devisees attach.-Perry v. Perry (Ky.) 855.

Under a will devising real estate to testator's son for life, and providing that at the death of himself and "wife" said property is to pass to his legal heirs, the son's wife living at the time of testator's death having subsequently died, a second wife is entitled to the benefit of the devise.-Perry v. Perry (Ky.) 855.

Under a will directing the executor to deposit in bank for testator's daughters the money bequeathed to them until they shall marry or arrive at the age of 21 years, "when he will invest money in land, securing same to them

of divorce.-Fightmaster v. Fightmaster (Ky.) 918.

Under Rev. St. 1889, § 8918, testimony of a plaintiff to transactions between her deceased father and mother, by which it is sought to establish the title of herself and co-plaintiffs, as heirs of her mother, against defendants, devisees of her father, is inadmissible.-Rice v. Shipley (Mo.) 740.

A husband's testimony held incompetent, under Shannon's Code, § 5596, when offered to establish a resulting trust in land in wife's favor.-Hornsby v. City Nat. Bank (Tenn. Ch. App.) 160.

Under Sayles' Civ. St. art. 2302, a physician. seeking to recover from an administrator for medical services, could not testify that he treated and prescribed for decedent.-Garwood v. Schlichenmaier (Tex. Civ. App.) 573. § 2. Examination.

Where defendant, in a prosecution for keeping a disorderly house, had been introduced as a witness in her own behalf, held not error to recall her and prove that a deed of the property had been made to her.-Hamilton v. State (Tex. Cr. App.) 39.

Where defendant was charged with being accessory after the fact to the theft of cattle. it was proper not to allow defendant to draw from the state's witness statements that he had heard his wife make to defendant.-Woods v. State (Tex. Cr. App.) 244.

Where the accused had not attacked prosecuting witness' character for truth and veracity, it was reversible error to admit testimony to prove his good character.-Zysman v. State (Tex. Cr. App.) 669.

On trial of prosecution for fornication, adThe action of the trial court in stating to a mission of certain evidence held not to be rewitness that she would be exempt from prose- garded as error, in view of court's explanation. cution if she would testify to the truth held-Boatwright v. State (Tex. Cr. App.) 760. not erroneous under the evidence.-Stanford v. State (Tex. Cr. App.) 253.

§ 3.

Credibility, impeachment, contradiction, and corroboration. It was error to permit the commonwealth to impeach a witness for defendant by proving by an officer that he had a warrant for the arrest of the witness, and then allowing the prosecuting attorney to read the warrant to the jury. Welsh v. Commonwealth (Ky.) 185.

On trial of a criminal case, that witnesses gave improper testimony without objection held not to have legalized similar testimony subsequently admitted over objection.-Boatwright v. State (Tex. Cr. App.) 760.

On trial of a prosecution for gaming, a question put to a witness for the state, asking if he had ever been prosecuted for crimes, and for what crimes, and if he had ever been convicted, and for what, or had ever been in jail or a convict on a county farm, held improper.

Witnesses may be impeached by showing that they have made inconsistent statements out of-Young v. State (Tex. Cr. App.) 767. court as to material facts.-Hart v. Commonwealth (Ky.) 298.

Accused can show both that the general moral character of a witness for the prosecution is bad and also his general character for truth.-Smith v. Commonwealth (Ky.) 531.

Statements of a witness as to plaintiff's condition at the time of the injury complained of, held admissible.-Luke v. City of El Paso (Tex. inconsistent with her testimony on the stand, Civ. App.) 363.

Where defendants were not misled by their witness nor surprised by his testimony, they Under Civ. Code Prac. § 597, it was error to cannot read from his deposition in a different permit the commonwealth to impeach a wit-proceeding and ask him to reconcile his testiness for defendant by proving by an officer mony therewith.-Parlin & Orendorff Co. v. that he had a warrant for arrest of the wit Miller (Tex. Civ. App.) 881. ness, and then allowing the prosecuting attor ney to read the warrant to the jury.-Welch v. Commonwealth (Ky.) 948, 1118.

A witness in a murder trial, who did not live in the neighborhood of deceased at the time of the murder, and had no opportunity to learn what his reputation was there, is incompetent to testify to such reputation.-State v. Hudspeth (Mo.) 136.

It is not error to exclude evidence offered by the defense affecting the credibility of a state's witness, whose testimony is immaterial.-State v. McLain (Mo.) 736.

Accused having attempted to prove contradictory statements of a state's witness, held, the state could prove statements made by the witness, similar to and corroborative of his statements on the trial.-Johnson v. State (Tex. Cr. App.) 48.

The admission of impeaching testimony in a prosecution for homicide held not error.-Patterson v. State (Tex. Cr. App.) 557.

Evidence as to the character of the prosecuting witness for honesty held not to justify the prosecution in introducing evidence as to his truth and veracity.-Zysman v. State (Tex. Cr. App.) 669.

WORK AND LABOR.

Liens for work and materials, see "Mechanics'
Liens."

Verdict in action for services in raising capsized vessel held excessive under the evidence. -Andrews v. Lemeos (Tex. Civ. App.) 1004.

See "Process."

WRITS.

Particular writs, see "Attachment," § 3; "Certiorari"; "Execution"; "Habeas Corpus"; "Injunction"; "Mandamus"; "Quo Warranto"; "Replevin."

certiorari to justice of the peace, see "Justices of the Peace," § 2.

writ of error, see "Appeal and Error." WRONGFUL ATTACHMENT.

See "Attachment,” § 6.

YEAR.

Estates for years, see "Landlord and Tenant."

WEST PUBLISHING CO., PRINTERS AND STEREOTYPERS, ST. PAUL, MINN.

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