the possession of his adversary.-Brown v. Cur-arson held sufficient, and not misleading.-Altiss (Mo. App.) 24. len v. State (Tex. Cr. App.) 1133.

See Master and Servant, §§ 101, 102, 105, 106, App.) 356. 235, 243; Railroads, §§ 453, 481.

§ 30. Parol evidence held admissible to prove possession or ownership of property (B) Presentation, Proof, and Payment of burned.-Allen v. State (Tex. Cr. App.) 1133. § 37. Evidence held to support a conviction of arson in the fourth degree.-State v. Peters (Mo.) 878.

307. The chancellor in proceedings to al-
low attorney's fees is not bound by evidence
of the value of the services rendered in his

court. Shively v. Daviess County Bank &
Trust Co. (Ky.) 1086.

§ 318. Fees allowed different attorneys em-
ployed by different unsecured creditors in pro-
ceedings under an assignment for the benefit
of creditors held required to be divided on the
basis of services rendered by each.-Shively v.
Daviess County Bank & Trust Co. (Ky.) 1086.
$318. Attorney's fees allowed by the chan-
cellor in proceedings under a general assign-

ment for the benefit of creditors held not inade-

quate.-Shively v. Daviess County Bank &
Trust Co. (Ky.) 1086.

ASSUMPTION.

See Statutes, § 221.

III. DUTIES AND LIABILITIES OF
ATTORNEY TO CLIENT.

stock belonging to his client cannot refuse to
§ 123. An attorney who took the title to
reconvey because the stock was transferred
to enable the client to hinder and delay his
creditors.-Lindsley v. Caldwell (Mo.) 983.
property because it was transferred by his cli-
§ 123. Attorney cannot refuse to reconvey
his creditors.-Lindsley v. Caldwell (Mo.) 985.
ent to assist him in hindering and defrauding

tempted to overreach his clients is not entitled
§ 125. An attorney who has fraudulently at-
scheme to defraud.-Henyan v. Trevino (Tex.
to reimbursement for taxes paid under the
Civ. App.) 458.

§ 125. An attorney cannot divest himself
of a trust for his client's benefit in land ac-
quired as attorney, by purchasing the land at
a tax sale.-Henyan v. Trevino (Tex. Civ.
App.) 458.

IV. COMPENSATION AND LIEN OF

ATTORNEY.

(A) Fees and Other Remuneration.

§ 166. Evidence held to sustain an award of
La-estate.-Petry v. Nelson (Ky.) 783.
$1.000 for attorney's services in settling a trust

(B) Lien.

§ 182. An attorney held not entitled to hold
shares of capital stock as security for his serv-

Of facts in questions to witnesses, see Wit- ices.-Lindsley v. Caldwell (Mo.) 983.
nesses, 237.

ASSUMPTION OF RISK.

See Carriers, § 280; Master and Servant, §§
210-222.

ATTACHMENT.

See Chattel Mortgages, § 217; Gifts, § 19;
Sequestration.

VII. QUASHING, VACATING, DISSO-
LUTION, OR ABANDONMENT.

$ 250. Under Civ. Code Prac. §§ 265, 268,
and article 1 of chapter 3, tit. viii (sections
194-236), held, that the court did not err in
refusing to discharge an attachment upon a mo-
tion made in vacation.-Standard Hay & Grain
Co. v. Ratliff Bros. (Ky.) 1035.

ATTORNEY AND CLIENT.

ATTORNEY GENERAL.

See Attorney and Client, § 72.

AUTHENTICATION.

See Evidence, § 345.

AUTHORITY.

See Attorney and Client, § 71; Judges, § 25:
Principal and Agent, §§ 99-176; Trusts. §
200.

Of administrator with will annexed to exer-
cise power of sale, see Wills, § 693.

AUTOMOBILES.

See Highways, § 175; Municipal Corporations,
8705; Negligence, $ 83, 93; Street Rail-
roads, § 117.

AVOIDANCE.

See Assignments for Benefit of Creditors, §§ See Infants, § 31.
307, 318; Champerty and Maintenance; Cove-
nants. § 130; Estoppel, § 28; Frauds, Statute
of, § 20; Judgment, §§ 119, 143; Jury, § 92;
New Trial, § 29; Partition, § 114: Pleading,
$ 165; Principal and Agent. § 172; Trial, §§
120-129; Trusts, §§ 103, 107, 374; Witnesses,
§ 141.

II. RETAINER AND AUTHORITY.
$71. In view of Rev. St. 1895, arts. 272, 273,
274, a defendant held not entitled to raise the
question of the authority of certain attorneys
representing the state.-State v. Murphy (Tex.
Civ. App.) 708.

$ 72. It cannot be presumed that the Attor-
ney General has no authority to employ coun-
sel to assist in the trial of cases, or that such
counsel did not appear for the state.-State v.
Murphy (Tex. Civ. App.) 708.

$92. Plaintiff held entitled to reversal of a
judgment because of error of the trial, court in
denying a continuance requested on account of
understanding between attorneys.-Handy
McClellan (Mo. App.) 280.

V.

BAIL.

See Criminal Law. § 1131; Habeas Corpus, §§
23, 107, 113; Municipal Corporations. § 642.
II. IN CRIMINAL PROSECUTIONS.
$48. Under Rev. St. 1909, § 5126, construed
with other sections, held, that a sheriff may
admit to bail one committed by a magistrate
for failing to give bond to await the action
of the circuit court.-State v. Holt (Mo.) 877.

$55. Defect in a recognizance held to re-
quire dismissal of an appeal.-Hoyle v. State
(Tex. Cr. App.) 355.

§ 65. A bond on appeal from a conviction for
unlawfully selling liquor, in place of a recog
nizance, failing to set out that appellant was
convicted of a misdemeanor and the punishment
assessed, held insufficient.-Craig v. State (Tex.
Cr. App.) 667.

BAILMENT.

See Chattel Mortgages, § 5.

BANKRUPTCY.

See Assignments for Benefit of Creditors.
III. ASSIGNMENT, ADMINISTRATION,
AND DISTRIBUTION OF BANK-
RUPT'S ESTATE.

(B) Assignment, and Title, Rights, and

Remedies of Trustee in General.

§ 142. A bankrupt who had conveyed lands
to his sons held estopped to claim homestead
in the lands on setting aside the deeds as in
fraud of creditors.-Hatfield v. Cline (Ky.) 212.

(E) Actions by or Against Trustee.
§ 303. In an action by a trustee in bankrupt-
cy, to set aside conveyances by the bankrupt as
in fraud of existing creditors, evidence held to
show that practically all the bankrupt's debts
were contracted before the deeds were record-
ed.-Hatfield v. Cline (Ky.) 212.

(F) Claims Against and

Estate.

Distribution

of

§ 364. Under Bankr. Act, § 1, subd. 23, and
section 57, a creditor of a bankrupt held not a
secured creditor.-State ex rel. First Nat. Bank
of Morris, Okl., v. Federal Union Surety Co.
(Mo. App.) 613.

V. RIGHTS, REMEDIES, AND DIS-
CHARGE OF BANKRUPT.

§ 391. A special answer, alleging that plain-
tiff had been adjudged a bankrupt, but failing
to allege that the claim sued on was one from
which a discharge would be a release, or that
a discharge had not been denied, held insuffi-
cient to authorize a stay of proceedings under
Bankruptcy Act, § 11a.-State ex rel. Strother
v. Broaddus (Mo.) 268.

§ 431. Under Bankr. Act, § 16, a creditor of
a principal debtor becoming a bankrupt held not
to discharge a surety from liability.-State ex
rel. First Nat. Bank of Morris. Okl., v. Federal
Union Surety Co. (Mo. App.) 613.

BANKS AND BANKING.

See Chattel Mortgages, § 177: Fraudulent Con-
veyances, $ 39; Sales, § 222; Set-Off and
Counterclaim, § 34; Trover and Conversion,
§ 10.

II. BANKING CORPORATIONS AND

ASSOCIATIONS.

(E) Insolvency and Dissolution.
877. In an action on a note, payable to a
bank, brought by its receiver, evidence held not

was thereunder merely indebted to plaintiff,
and this though the contract was illegal.-Ar-
kansas Fertilizer Co. v. City Nat. Bank (Tex.
Civ. App.) 1179.

(E) Loans and Discounts.

$179. A bank having notice of a chattel
mortgage of pledged collaterals, it was bound on
payment of its debt to surrender the collaterals
to the mortgagee.-Bank of Houston v. Kirkman
(Mo. App.) 38.

§ 179. Where a bank was notified of a mort-
gage of pledged collaterals, it was not essential
to impose a liability to return the collaterals to
the mortgagee that the bank should indorse on
the mortgage a recognition thereof.-Bank of
Houston v. Kirkman (Mo. App.) 38.

IV. NATIONAL BANKS.

§ 233. The state is without authority to en-
act laws conflicting with the national banking
act, or interfering with the business of nation-
al banks.-First Nat. Bank v. Commonwealth
(Ky.) 518.

& 259. Ky. St. § 567 (Russell's St. § 2153),
providing for escheat of real property held by
banks, not necessary to their business, for more
than five years, held not in conflict with Rev.
St. U. S. § 5137 (U. S. Comp. St. 1901, p.
3460), so that realty held by a national bank,
not necessary for its business, for more than five
years was subject to escheat.-First Nat. Bank
v. Commonwealth (Ky.) 518.

to sustain the maker's counterclaim.-Rhodes See Evidence, § 442.
v. Guhman (Mo. App.) 88.

III. FUNCTIONS AND DEALINGS.
(B) Representation of Bank by Officers
and Agents.

§ 109. A bank cashier held authorized to bind
the bank by recognition of a chattel mortgage
of collaterals pledged to the bank for a loan.-
Bank of Houston v. Kirkman (Mo. App.) 38.

(C) Deposits.

§ 130. Under the facts, held a bank partici-
pated in misappropriation of a certificate of de-
posit to one as guardian, so as to make it lia-
ble.-United States Fidelity & Guaranty Co. v.
Adoue & Lobit (Tex.) 648.

(D) Collections.

BILLS AND NOTES.

See Appeal and Error, § 173; Banks and Bank-
ing, $$ 77, 159: Chattel Mortgages, § 5; Cor-
porations, § 218; Evidence, §§ 423, 467; Ex-
ecutors and Administrators, § 436; Husband
and Wife, § 87; Judgment, § 527; Mort-
gages, $$ 86, 341; Payment, § 84; Pleading,
$36; Principal and Agent, §§ 105, 113, 123,
177; Sales, § 287; Set-Off and Counterclaim,
§ 34; Subrogation, § 2; Trial, § 251.

I. REQUISITES AND VALIDITY.
(A) Form and Contents of Bills of Ex-
change, Drafts, Checks, and Orders.

13. The negotiable instruments act (Laws
1904, c. 102) held to have impliedly repealed
Ky. St. § 483 (Russell's St. § 1799).-Williams
v. Paintsville Nat. Bank (Ky.) 535.

$ 159. Where O. deposited notes with de-
fendant bank for collection only, and as the
property of plaintiff, held plaintiff was entitled
to demand and receive them and the proceeds,
whether under a prior contract between plain-
tiff and O. they belonged to plaintiff, or O.

§ 27. An action against the drawer of an ac-
cepted draft held not brought in time.-Seguin
Milling & Power Co. v. Guinn (Tex. Civ. App.)
456.

give notice of dishonor to some of joint in-
$ 69. A draft may be accepted orally-dorsers does not discharge the indorser receiv
Seguin Milling & Power Co. v. Guinn (Tex. ing such notice.-Williams v. Paintsville Nat.
Civ. App.) 456.
Bank (Ky.) 535.

V. RIGHTS AND LIABILITIES ON IN- ing and signed.-Grayson County Bank v. Elbert
(Ky.) 792.

§ 365. A bona fide holder for value takes a
negotiable instrument free from the equities
between parties.-American Nat. Bank v. Mad- See Constitutional Law, § 277; Injunction, §
ison (Ky.) 1076.

§ 396. Under Negotiable Instruments Act See Eminent Domain, § 2; Health.
(Laws 1904, c. 102) & 70, presentment of a ne-
gotiable note for payment held necessary to
charge indorsers.-Williams v. Paintsville Nat.
Bank (Ky.) 535.

§ 398. Under Negotiable Instruments Act
(Laws 1904, c. 102) §§ 68, 89, 90, 107, some of
joint indorsers who were not given notice of
dishonor were discharged.--Williams v. Paints-
ville Nat. Bank (Ky.) 535.

§ 398. One who is an indorser under Nego-See Abatement and Revival, § 64; Appeal and

tiable Instrument Act, $$ 63, 89. held discharged
for want of notice of dishonor.-First Nat. Bank
v. Bickel (Ky.) 790.

§ 402. Under Negotiable Instruments Act
(Laws 1904, c. 102) §§ 68, 89, 90, 107, failure to

pal Corporations, §§ 938, 1000; Parties; Prin-
cipal and Surety; Removal of Causes, $$ 90,
95; Replevin; Schools and School Districts,
$97; Subrogation, 7; Warehousemen,
18.

V. ACTIONS.

§ 122. While joint obligees must sue jointly,
yet, though joined in one bond, they need not
sue jointly if the bond be given to secure sepa-
rate rights.-North St. Louis Planing Mill Co.
v. Christophel (Mo. App.) 295.

BOUNDARIES.

See Municipal Corporations, § 601; Vendor and
Purchaser, § 231.

I. DESCRIPTION.

3. In determining a boundary, distances
yield to the courses.-Combs v. Valentine (Ky.)
1080.

§ 3. In determining the extent of a survey,
the beginning corner is of no higher dignity or
importance than any other corner.-Combs V.
Valentine (Ky.) 1080.`

§ 7. In establishing lost corners, one should
go to the known corners of the survey and re-
verse the calls, and in that way find the lost
corner.-Combs v. Valentine (Ky.) 1080.

$ 7. The order in which the surveyor gives
the lines and corners in his certificate of sur-
vey is of no importance, to find the true posi-
tion of them.-Combs v. Valentine (Ky.) 1080.
§ 7. Method of finding a lost corner stated.
-Combs v. Valentine (Ky.) 1080.

III. DUTIES AND LIABILITIES TO
PRINCIPAL.

§ 32. Action of brokers for both parties with
knowledge of both parties held binding on both.
-Gilliland v. Ellison (Tex. Civ. App.) 168.

IV. COMPENSATION AND LIEN.
$ 44. One cannot escape liability to a real
estate broker for procuring a purchaser by
terminating the contract of employment pend-
ing negotiations with the purchaser.-Weisels-
Gerhart Real Estate Co. v. Epstein (Mo. App.)
326.

$49. An agreement of purchaser of land
held not a contract to purchase, entitling a
broker to commissions.-Simpson v. Eardley
(Tex. Civ. App.) 378.

56. A broker's right to a commission as
for procuring a land purchaser determined.-
Corum v. Arnold (Mo. App.) 622.

§ 57. A real estate broker having been the
procuring cause of a sale is entitled to a com-
mission, though the owner accepted a price less
than that at which the broker was authorized
to sell. Weisels-Gerhart Real Estate Co. v. Ep-
stein (Mo. App.) 326.

§ 67. Only the owners can complain that
brokers have already received a commission from
the other party.-Kice v. Dugan (Ky.) 240.

$73. When property has been listed for sale
with a number of real estate agents, the one
who brings the seller and purchaser together
and induces them to enter into the contract is
the one who earns the commission, regardless of
who first introduced the seller and purchaser.-

II. EVIDENCE, ASCERTAINMENT, AND Kice v. Dugan (Ky.) 240.

ESTABLISHMENT.

§ 33. In construing the boundaries of a sur-
vey, that construction which is most against
a party claiming under an uncertain survey
should prevail.-Combs v. Valentine (Ky.) 1080.
$37. Evidence as to a boundary, including
evidence of a practical agreement of parties
and possession with reference thereto, held suf-
ficient to establish a boundary line immediately
south of plaintiff's buildings and between them
and defendant's land.-Taylor v. Rudy (Ark.)
574.

$37. Evidence held to require a finding es-
tablishing the west boundary line of a survey
as contended by defendants.-Driskill v. Dixon
(Ky.) 768.

$46. Parol agreement of owners as to a dis-
puted boundary followed by possession with ref-
erence thereto is conclusive upon them.-Taylor
v. Rudy (Ark.) 574.

BREACH.

See Contracts, $$ 319, 322; Covenants, $$ 100,
130; Landlord and Tenant, § 106; Sales;
Trusts, $$ 103, 145; Vendor and Purchaser,
§ 79.

BREACH OF MARRIAGE PROMISE.
See Seduction, §§ 34, 45.

BRIDGES.

See Counties, §§ 50, 124; Master and Servant,
§ 286; Statutes, § 123.

BRIEFS.

See Appeal and Error, §§ 742, 795, 839, 1140;
Motions.

BROKERS.

See Evidence, § 471; Fraud, § 59; Principal
and Agent, § 22; Trial, § 367.

§ 73. Where several brokers authorized to
sell land claim to have produced purchasers, the
owner owes the commission only to the one
first producing a purchaser.-Hieronymus v. At-
terbury (Mo. App.) 617.

§ 73. A real estate broker's right to commis-
sion held defeated through another broker first
producing a purchaser.-Hieronymus v. Atter-
bury (Mo. App.) 617.

V. ACTIONS FOR COMPENSATION.
$84. Rule governing the right of a real es-
tate broker to recover commissions held appli-
cable only where the owner has refused to con-
summate a sale.-Weisels-Gerhart Real Estate
Co. v. Epstein (Mo. App.) 326.

§ 88. In an action for a real estate broker's
commission for procuring a purchaser to whom
defendant sold after terminating the broker's
contract, whether the broker was entitled to a
commission held, under the evidence, a jury
question.-Weisels-Gerhart Real Estate Co. v.
Epstein (Mo. App.) 326.

VI. RIGHTS, POWERS, AND LIABILI-
TIES AS TO THIRD PERSONS.

a

§ 94. Correspondence between a seller.
broker, and a buyer construed not to show a
rescission of the original sale and a new sale
to the broker, or a guaranty by the broker of
payment for goods shipped.-Barry v. Wm.
Roylance Co. (Tex. Civ. App.) 1168.

§ 106. Evidence held to authorize submission
to jury whether brokers had authority to rep-
resent defendant in transaction with plaintiff.-
Gilliland v. Ellison (Tex. Civ. App.) 168.

BUILDING CONTRACTS.

See Indemnity, §§ 3-9.

BUILDINGS.

See Municipal Corporations, § 625.

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