END OF CASES IN VOL. 82.

INDEX.

ABANDONMENT.

Of homestead, see "Homestead."

ABATEMENT.

Of nuisance, see "Nuisance," § 1.

ABATEMENT AND REVIVAL.

Judgment as bar to another action, see "Judg-
ment."

§ 1. Another action pending.

Plea of prior action pending held not avail-
able. Rodney v. Gibbs (Mo. Sup.) 187.

ABSENCE.

Presumption of death from, see "Death."

ABSTRACTS OF TITLE.

and satisfaction, barring her right to recover
thereafter for maintenance of children.—Dix-
on v. Dixon (Mo. App.) 547.

Liability of attorney employed to examine, see §
"Attorney and Client," § 1.

ABUTTING OWNERS.

Assessments for expenses of public improve-
ments, see "Municipal Corporations," § 5.
Compensation for taking of or injury to lands
or easements for public use, see "Eminent Do-
main," §§ 2, 4.

Injuries to property of, in making public im-
provements, see "Municipal Corporations,"
$ 4.

ACCEPTANCE.

Of offer or proposal, see "Contracts," § 1.

ACCESSION.

ACCOUNT.

Accounting by executor or administrator, see
"Executors and Administrators."

Admissibility of account books in evidence, see
"Evidence," § 7.

ACCRUAL.

Of right of action, see "Limitation of Actions."

ACKNOWLEDGMENT.

As affecting validity of contract relating to
homestead, see "Homestead."

Of instruments for record, as affecting their ad-
missibility in evidence, see "Evidence," § 7.
Operation and effect of admissions as evi-
dence, see "Evidence."

1. Taking and certificate.

A purchaser of land held entitled to rely on
a clerk's certificate that the deed was ac-
knowledged before his deputy, and entitled to
recover of the clerk the purchase price paid;
the signature and acknowledgment of the own-
er having been forged.-Samuels v. Brand (Ky.)
977.

$ 2. Operation and effect.

a

A married woman having admitted to
county court clerk that her signature to a mort-
gage was her voluntary act, and the clerk hav-
ing certified such acknowledgment, she could
not thereafter, as against a bona fide mort-
gagee, impeach the same, under Ky. St. 1903, §
3760, as obtained by the duress of her husband.
-Hall v. Hall (Ky.) 269.

Where a married woman's deed was acknowl-
edged and recorded as required by Ky. St.
1903, § 507, the validity of the acknowledgment

Annexation of personal to real property, see could not be attacked, except in a direct pro-
"Fixtures"; "Improvements."

ACCESSORIES.

Criminal responsibility, see "Criminal Law";
"Homicide"; "Suicide."

ACCIDENT.

Cause of death, see "Death."

ACCIDENT INSURANCE.

See "Insurance," § 6.

ACCOMPLICES.

Instructions as to testimony of, see "Criminal
Law," § 18.

ACCORD AND SATISFACTION.
See "Payment"; "Release."

Settlement between husband and wife pending
her suit for divorce held to constitute accord
82 S.W.

ceeding against the immediate vendee, a ven-
dee with notice, or the officer falsely certifying
the acknowledgment.-Godsey v. Virginia Iron,
Coal & Coke Co. (Ky.) 386.

Where a married woman actually acknowl-
edged a deed, and the officer certified that the
same was on her privy examination, as re-
quired by Ky. St. 1903, § 507, the officer's cer-
tificate was unimpeachable under section 3760,
as against a bona fide purchaser of the prop-
erty.-Godsey v. Virginia Iron, Coal & Coke
Co. (Ky.) 386.

ACTION.

Abatement, see "Abatement and Revival."
Accrual, see "Limitation of Actions."
Bar by former adjudication, see "Judgment."
Concealment of cause of action, see "Limitation
of Actions," § 2.

Jurisdiction of courts, see "Courts."
Limitation by statute, see "Limitation of Ac-
tions."

Malicious actions, see "Malicious Prosecution."
Pendency of action, see "Lis Pendens."
Rights of trustee in bankruptcy as to pending
actions, see "Bankruptcy," § 1.
Set-off, see "Set-Off and Counterclaim."

(1145)

Actions between parties in particular relations. [
See "Master and Servant."
Co-tenants, see "Partition."

Joint debtors, see "Contribution."
Partners, see "Partnership."

Actions by or against particular classes of
parties.

See "Brokers," § 2; "Carriers"; "Corporations"; "Husband and Wife"; "Indians"; "Infants"; "Partnership," §§ 3, 4; "Principal and Agent," § 2; "Railroads," §§ 3-7; "Receivers"; "Schools and School Districts," § 1; "States."

Assignees, see "Assignments."

Assignees for creditors, see "Assignments for Enforcement of vendor's lien against community

ADJUDICATION.

A person in adverse possession is entitled to
render it for taxation, and pay taxes thereon

Operation and effect of former adjudication, see during his possession, in order to ripen the title,
"Judgment," §§ 6, 7.

ADMEASUREMENT.

Of dower, see "Dower," § 3.

ADMINISTRATION.

Of estate assigned for benefit of creditors, see
"Assignments for Benefit of Creditors," § 3.
Of estate of decedent, see "Executors and Ad-
ministrators."

Of estate of ward, see "Guardian and Ward,"
§ 2.

Of trust property, see "Trusts," § 3.

ADMISSIONS.

As evidence in civil actions, see "Evidence," § 5.

ADULTERY.

Effect on dower right, see "Dower," § 2.

ADVANCEMENTS.

See "Descent and Distribution," § 2.

ADVERSE CLAIM.

To real property, see "Quieting Title."

ADVERSE POSSESSION.

See "Limitation of Actions."

As between co-tenants, see "Tenancy in Com-
mon," § 2.

Of easement, see "Easements," § 1.

under Rev. St. 1895, art. 3342, though others
claiming the same land at the same time pay
taxes thereon.-Thomson V. Weisman (Tex.
Sup.) 503.

2. Pleading, evidence, trial, and re-
view.

Appellant in a controversy involving the ti-
tle to real estate held to have presumptive no-
tice of claim of appellees' decedent thereto.-
Black v. Cox (Ky.) 278.

An instruction that plaintiff's possession was
not adverse, if with the permission of defend-
ant, held erroneous.-Murphy v. Roney (Ky.)
396.

Admissions inconsistent with ownership.
made by one in possession after acquiring title
by adverse possession, held not to constitute an
estoppel.-Murphy v. Roney (Ky.) 396.

An instruction in an action of trespass, where-
in plaintiff claimed under adverse possession, is
not fatally defective because it does not state
that plaintiff must have "claimed," as well as
held, possession adversely.-Vincent v. Willis
(Ky.) 583.

Where defendant claimed title by adverse pos-
session and payment of taxes for five years, pro-
duction of receipts for the taxes established
prima facie that the land had been rendered for
taxes for the years covered by the receipts.-
Thomson v. Weisman (Tex. Sup.) 503.

AFFIDAVITS.

See "Depositions."

Impeachment of bill of exceptions by, see "Ex-
ceptions, Bill of," § 2.

In particular proceedings.

Of water rights, see "Waters and Water See "Appeal and Error," § 5; "Attachment."
Courses," § 2.

1. Nature and requisites.

Though a lot owner built his fence over the
line on the land of another, he cannot claim
by adverse possession, where he only claimed
the land described in his deed.-Murdock v.
Stillman (Ark.) 834.

Possession and use of land in accordance with
an agreement, on the ceasing of which use the
land was to revert, held not adverse.-Mont-
gomery County v. Bean (Ky.) 240.

Possession of land by one to whom it has
been given by parol held to be adverse.-Mur-
phy v. Roney (Ky.) 396.

§ 2.

Appeal from conviction for violation of munic-
ipal ordinance, see "Municipal Corporations,"
§ 7.

AFFRAY.

See "Homicide," §§ 2, 7.

AGENCY.

See "Principal and Agent."

AGREEMENT.

AGRICULTURE.

Where lands were marked on a recorded plot See "Boundaries," § 2; "Contracts."
as being "reserved for depot purposes," statutes
of limitations did not run against the railroad's
right thereto, under Rev. St. 1899, § 4270.-
Kansas City & N. Connecting R. Co. v. Baker
(Mo. Sup.) 85.

Irrigation, see "Waters and Water Courses," §§
1, 3, 4.

AIDER BY VERDICT.

Use of certain lands for depot grounds held
an appropriation to a public use, within the
meaning of Const. art. 12, § 14.-Kansas City
& N. Connecting R. Co. v. Baker (Mo. Sup.) 85. In civil actions, see "Pleading," § 8.

Where defendant, while in adverse posses-

sion, procured a deed to a third person for de-
fendant's benefit, and held under such deed, he

was entitled to count the time during which he See "Indians."
so held as a part of the five-year period of
limitations prescribed by Rev. St. 1895, art.
3342.-Thomson v. Weisman (Tex. Sup.) 503.
A judgment in favor of plaintiffs in trespass
to try title held not to render defendant's subse-
quent possession the less adverse by reason of
his failure to serve notice of his repudiation of
an alleged tenancy relation existing by virtue To surviving wife, husband, or children of de-
of such judgment.-Thomson v. Weisman (Tex.
Sup.) 503.

cedent, see "Executors and Administrators,"
§ 2.