« AnteriorContinuar »
gage is declared void by the statute, * as against the
RECENT ENGLISH DECISIONS. creditors of the mortgagor," and the mortgagor dies in possession of the mortgaged property, leaving an
CARRIER OF PASSENGERS. insolvent estate, such property becomes assets in the Railway company: negligence: evidence: accident. hands of the executor or administrator of the mort disorderly persons: order.-The plaintiff was a passengagor, whose duty, as well as right, it is to defend his ger by the defendants' railway, and at one station, possession against the claim of mortgagee, notwith though all the seats in the carriage in which the plainstanding such mortgage was valid as against the mort tiff was were filled, three more persons got in and stood gagor. Kilbourne v. Fay, and Keller v. Shaeffer. up. There was no evidence that the defendants' ser
2. Unpaid legacy not subject of.-An unpaid legacy vants were aware of this, but the plaintiff remonstrated is not the subject-matter of a chattel mortgage; hence with the persons who had so got in. At the next staan assignment of such legacy is not subject to the in tion, the door of the carriage was opened by persous who firmity of an unfiled chattel mortgage. Ib.
tried to get in, and the plaintiff rose and held up his DESCENT.
hand to prevent them. After the train had started, a Lunds descend at once to heir: right of administra
porter pushed away the persons who were trying to get tor: rents.-The lands of an intestate descend at once
in and slammed the door, which caught and injured to his heir, and the legal title vests in him, subject to
the hand of the plaintiff, who had been thrown forthe right of the admiuistrator to sell the same for the
ward by the motion of the train. Held, by Cockburn, payment of the debts of the intestate, in the manner
C. J., aud Amphlett, J. A. (Kelly, C. B., aud Bramprescribed by law. The rents of the lands of an in
well, J. A., dissentiug), affirming the decision of the solvent intestate, accruing between the death of the
Court of Common Pleas, that there was evidence intestate and a sale of the lands for the payment of
from which the jury might infer negligence on the debts by the administrator, belong to the heir and
part of the defendants so as to entitle the plaintiff to not to the administrator. Overturf, udm'r, v. James
recover damages. Jackson v. Metropolitan Railway Dugan.
| Co., L. R., 2C. P. D. (C. A.) 125. HOMICIDE.
CRIMINAL LAW. Right of attacked person to kill assuilant.--Where a
Embezzlement: receipt by servant on account of mas. person in the lawful pursuit of his business, and with
ter.-The prisoner was the clerk and servant of an out blame, is violently assaulted by one who maui
insurance company, and head manager at their chief festly and maliciously intends and endeavors to kill
office at L. In the ordinary course of business he him, the person so assaulted, without retreating, al
received several checks payable to his order from the though it be in his power to do so without increasing
managers of branch offices, and it was his duty to his danger, may kill his assailant if necessary to save
indorse these checks and hand them over to the comhis own life or prevent enormous bodily barı. Erwin
pany's cashier. Instead of doing so, he indorsed v. State. LAROENY.
the checks and obtained money for them from friends Appropriation by finder of lost goods.- When a per
of his own, who paid the checks into their own banks.
He then took the amount so received to the cashier son finds goods that have actually been lost, and takes
and handed it over to him, saying he wished it to go possession with intent to appropriate them to his own
against his salary, which was overdrawn to a like use, really believing at the time, or having good ground to believe, that the owner can be found, it is larceny.
amount; and he got back from the cashier I. O, U.s
which he had previously given for the amount of the Baker v. State of Ohio.
overdraft. The prisoner having been convicted of TAXATION,
embezzling the proceeds of the checks: Held, that the 1. Institulion of public charity : what is : exemption proceeds of the checks, though received not from the from tuxution. A corporation created for the sole pur
bankers but from third persons, were received on pose of affording "an asylum for destitute men and
account of the company, and that the prisoner was women, and the incurable sick and bliud, irrespective
rightly convicted. The Queen v. Gale, L. R., 2 Q. B. D. of their nationality or creed,” is an institution of (c. C. R.) 141. purely public charity, within the meaning of section
LIBEL. 2, article 12, of the constitution; and of section 3 of the
Privilege by reason of the occasion : publication of tax law of 1859, which provides for the exemption of
matters of public interest: meetings of poor-law guardthe property therein described from taxation. The
ians: ex parte charges.-The administration of the word " institutions," in the sixth clause of section 3 of
poor-laws, both by the government department and by the tax law, is used to designate the corporatiou or
the local authorities, including the conduot of the other orgauized body instituted to administer the
medical officers, is matter of public interest; but the charity, and the real estate described as belonging to
| publication of a report of proceedings at a meeting of such institutions has reference to property owned by
poor-law guardians, at which ex parte charges of misthem; aud to entitle such institutions to hold the
couduct against the medical officer of the uuiou were property exempt from taxation, they must not only
made, is not privileged by the occasiou. Purcell v. own it, but it must be so used as to fulfill the require
Souler, L. R., 2 C. P. D. (C. A.) 215. ments of the statute. Humphries, auditor, et al., v. Little Sisters of the Poor.
PERSONAL CHATTELS. 2. Real estate leased to such institution not exempt Bills of Sale Act (17 and 18 Vict., c. 36), 88. 1, 7: from taxation.-Real estate leased to such an institu | growing crops not “goods or other articles capable of tion for a term of years at a stipulated rent is not ex- complete transfer by delivery."'-A document, by which empt from taxation, although, by the terms of the A agrees to sell to B “five acres of wheat now standing lease, the institution may have agreed with the lessor in, etc., at 61. per acre, B to cut and carry the corn any to pay the taxes. Ib.
| time he may require; aud B agrees to purchase the
said five acres upon the above conditions," is a bill of Wright v. Compton, p. 337. A person, while traveling sale within the Bills of Sale Act, 17 and 18'Vict., c. 36, along the public highway, was injured by fragments 8. 1, as the intentiou is apparent to pass the immediate thrown by a blast of gunpowder, made by defendants' property. Growing crops are not “personal chattels” servant, who was quarrying for defendant near the within s. 1, which is defined by 8.7 to “mean goods, highway. Held, that defendant was liable, and that furniture, fixtures, and other articles capable of com without regard to whether or not the servant was negplete transfer by delivery." Bruntom v. Griffits, L. R., | ligent. Franklin Life Ins. Co. v. Sefton, adm'r, p. 2 C. P. D. (C. A.) 212.
380. A person having no insurable interest in the life
of another person, cannot take an assignment of an BOOK NOTICE.
insurance policy upon the life of such other. Frost v.
Tarr, p. 390. An agreement by one, in consideration INDIANA REPORTS, VOL. LIII.
of the performance by another of certain services, to
make a specified provision for such other in his will, Reports of Cases Argued and Determined in the Supreme Court can be enforced against the personal representative of
of Judicature of the State of Indiana, with Tables of the Cases Reported and Cases Cited, and an Index. By
the former if no provision is made in the will, and the James B. Black, Official Reporter. Vol. LIII., contain plaintiff is not limited in his recovery to the value of ing the Cases Decided at the May Term, 1876, not published in Vol. LII, and Cases Decided at the November the services. Such a promise is not within the Statute Term. 1876. Indianapolis : Indiana polis Publishing
of Frauds. Krach v. Heilman, p. 519. Plaintiff's husHouse, Printers and Binders, 1877.
band became drunk upon liquor sold by defendant, MAIS volume contains a considerable number of de- and while going home in a wagon was injured by a
1 cisions of interest, among which we notice the barrel, which rolled upon him, so that he died. Held, following: Tucker v. Taylor, p. 93. The lien of a me- that the intoxication was not the proximate cause of chanic for labor on a chattel cannot exist, where, by the injury and death, and plaintiff could not recover the terms of the contract, there is to be a future day of for it under the civil damage law. Balt., P. & Ch. R'y payment for the labor. I. & St. L. R. R. Co. v. Stout, Co. v. New Alb. & S. R. R. C'o., p. 597, is upon the now p. 143. The pendency of a suit brought by a person, interesting subject of Removal of Causes to the Fedsince deceased, for personal injury received from the eral Court, and the requisites of affidavits under the negligence of defendant, cannot be plead in bar of an act of Congress of March 2, 1867, are considered. The action for his death from the same cause brought by reporting is excellently done, and the volume is well his administrator, the former action having abated printed and bound. by death. In the same case it is held that the failure to act with perfect prudence and unusual care in the presence of unexpected danger did not constitute a
NOTES. defense to au action for injury then received. Eagan THE statutes and rules regulating practice in the v. State, p. 162. Courts and juries take notice, that 1 Supreme Court of Iowa, revised at the June term, whisky is an intoxicating liquor, without proof of 1877, have been issued in a convenient form by Mills & the fact. Mullikin v. Davis, p. 206. When intoxicat
Co., of Des Moines, in that State. - The Journal of ing liquor is sold at retail, contrary to a statute making Jurisprudence and Scottish Law Magazine for July such sale a misdemeanor, the seller cannot recover the
contains leading articles upon “Divorce and Forprice or value thereof from the buyer. Bender v. The
feiture; " "A Procurator Fiscal, what he was, what State, p. 254. Courts of this State cannot look beyond he is and what he will be;" “ The Jurisdiction of the the enrolled act of the legislature to ascertain whether
Local Courts in Ireland, Scotland and Eugland comthere has been a compliance with the requirements of
pared;" and " The position of the Masters of Public the Constitution, that no bill shall be presented to the
Schools under the Educational (Scotland) Act, 1872." governor within two days next previous to the final The articles are well written, and the number as a adjournment of the general assembly. T. W. & W.
| whole is fully up to the average. R’y Co. v. McDonough, p. 289. Plaintiff below purchased a ticket over defendants' railroad, and took a slow train. He gave up his ticket to the conductor, A correspondent calls our attention to a plea in who gave him a card which the conductor said would abatement to indictment on ground of misnomer, in be good on an express train, which would pass the slow the case of Michael Sunday v. State of Missouri, 14 train at a certain station. Plaintiff, at the station Mo. 417. It was an appeal from the St. Louis Crimnamed, took passage in the express train. The cardinal Court. Sunday appeared in proper person, and given him was refused on the express train, and he one Lackland for the State. The appellant argued was ejected for the non-payment of fare. Held, that as follows: "The appellant hails from Germany where the railway company were liable for ejecting plaintiff, he came into the world, bearing the ancestral name of and that $400 damages was not excessive. Kelley v. Sontag, which, translated from the Teutonic into AnState, p. 311. Where wounds are inflicted, and death glo-Saxon, means Sunday. By the latter name he has follows, it is not indispensable to sustain a conviction been impleaded in the criminal court, that tribunal for murder or mavslaughter that the wounds were claiming the right to rebaptize him in English. Of the necessarily fatal, and were the direct cause of death, legality of such proceedings he is dubious. A Dutch but if they caused the death indirectly, through a chain wood-chopper has a little pride in his patronymic, of natural effects, unchanged by human action, it is and insists that the power which would seek to divest sufficient. Higert v. Trustees of Ind. Asb. University, him of it is of a price with that which would despoil a p. 326. Where a number of persons subscribe an in- | Highlander of his breeches. At the unprecedented strument whereby they agree to pay certain sums of liberty taken with his name he was, as became him, inmoney, severally, to be expended in the erection of a diguant. He gave vent to his indignation in the form of college building, their mutual promises constitute a a plea of misnomer, asseverating that he was not Sunsufficient consideration for the promise of each. I day, but Sontag. That if Sunday had been guilty of any illegal actions and doings, Sontag had neither act of fabulous value. “I venture to send you the followpor part in them, nor was he willing in his stead to ing extracts from a Blue-book (recently issued by a become a denizen of the penitentiary. His plea thus departmental committee of the Government, called the plain and impregnable was not even treated with the Legal Business Committee) which contains some interdecent ceremony of a replication, but was summarily esting information on a subject of special moment to a erased; against which he entered his solemu protesta good many people, viz., what becomes of the estates of tion, and now reiterates the same before this court, intestates dying without known next of kin. Mr. F. where he trusts the laws of human nomenclature are Hart Dyke, the late Queen's Proctor, whose duties held in more reverence and his complaint meet with have recently been transferred to the Solicitor of better luck. The appellaut is advised of a legal prin the Treasury, when examined before the committee, ciple called idem sonans, which protects a man who deposed as follows: 'I take out letters of administrahas a name, and thinks it worth keeping. If this be tion, and get in all the money for the Goverument in so, Sunday no more sounds like Sontag than it sounds connection with estates of intestate bastards and bona like Sabbath or Lord's day, or Dies Dominicus. All vacantia. * * I recommend the Lords of the Treasthese may indeed be idem significans, but if they are ury as to the disposition of the balance of the effects. idem sonans, his ears deceive him so badly that he * * The Solicitor to the Treasury is appointed gives up all pretensions to know the difference be- administrator. * * I am known all over the world, tween sounds, and could not tell a cough from a | and I correspond with solicitors and people interested sneeze. To all who set any value on a name, this new before they come to the Treasury. * * I ascertain idea of idem significans is alarming. If by virtue of what the effects are either at the Bank of England or it Sontag may be made Sunday, there is no similar with various public bodies. * * Mr. Stephenson desecration for which it may not furnish a pretext. gets in the effects. * * Sometimes there are large Not to go far for illustrations, Lackland might be held and heavy pedigree cases. * * In a heavy case, a rectus in curia, as Baron vide Poche, and Colt as Neb short time ago, I fancied it was rather a fraudulent uchadnezzar, or Grass Eater. The appellant submits case on the part of the party who set up the claim. I that having tendered an issue by his plea, he is entitled got the facts together and took counsel's opinion. * to have it tried in which he is ready to verify, that by * I went on and won the case, and a large sum was one name he has had his being, moved and lived, and recovered. * * I have a lot of adıninistrations by it, he hopes to die."
going in shortly, and among them there is one estate worth about £35,000. Occasionally I have much heavier
amounts even than that. * * All these estates are · The bar of Atlanta, Ga., have presented a fountain
vested in the Crown; they belong to Her Majesty in costing $500 to that city. The Macon Telegraph says:
right of her royal prerogative. * * There are doubts "Atlanta can boast of having the only fountain of law
in some cases as to whether we should oppose a will or in the State." -On the 27th ult., at the Central Crimi
not. * * When bastards die there are always plenty nal Court, London, Leonard Laidman, late chief clerk
of people only too ready to seize hold of their property at the Iucorporated Law Society, and who pleaded
and get wills made. Not very long ago I had two cases guilty to a charge of embezzling large sums of money
of this kind, but the law officers advised there was not belonging to his employers, the Incorporated Law
sufficient evidence to justify proceedings. * * In Society, the amount being nearly $60,000, was sentenced
one case there was a commission to America. * * It to five years' penal servitude.
was an estate worth £70,000, I think. * * In ordi
Dary cases the course of procedure is this: I receive a A Parliamentary Blue-book has been issued con
letter stating A B is dead; that he had such and such taining the reports made by a departmental committee
property; that he was a bastard, or has left none but
illegitimate relatives. Thereupon, I write a letter on the system upon which the legal business of the English Government is conducted. The first report
requesting further facts and particulars as to where the
property is situated, what it amounts to, and so forth. was dated the 6th of July, 1875; the second report on
* * I find out who the next of kin are, or the persons the 4th of August in the same year; and the third on the 6th of December in the same year. The evidence
to whom the Crown should make grants, and I recomgiven appears in the volume with appendices, extend
mend accordingly, ** I do not know much about the
real estate, because I have nothing to do with it. But, ing to ninety folio pages. In a table annexed the estimated total and net cost of legal business of public
as regards the personal estate, the difficulty is to find departments in England for 1875 is stated. The sala
out who are the next of kin. * * In one special case
I recommended the Government to sell the estates. * ries at £62,767 ; fees and other law charges, £75,923;
* There were three or four farms in Hampshire worth making a total cost of £138,690. The miscellaneous
£25,000 or £30,000. * * I have got the money, and receipts carried to the Exchequer, £27,858, leaving the
the residue will soon be divided. There was a very net cost, £110,832. The expenses of administration
nice place down in the Isle of Wight. * * I take out cases and divorce interventions are not included. About £40,000 a year is paid into the Exchequer as
from forty to fifty administrations in a year. * *
Some are large amounts. * * £120,000 and sums of the Crown's share in administration cases.
that sort.' * * A perusal of the foregoing will show
that it is possible for a good many wealthy people to The following letter from Mr. Edward Preston, pass out of existence sans known relatives. Three proprietor of Chambers' Index to Next of Kin to the recent large ‘Crown windfalls' occur to me: £250,000, London Law Journal, describes the modus operandi Mrs. Mangin Brown, chancery proceedings peuding; of disposing of estates left by those who die in Eng- || £140,000, Mrs. Heleu Blake, chancery proceedings also land without knowu next of kin, and will be of consid- | pending; £40,000, Mr. Patterson, of Kilmarnock, as to erable interest to those on this side of the water who whose estates a discussion has recently taken place in oelieve themselves entitled to a share in some estate the House of Commons."
The Albany Law Journal.
they have heretofore been free, namely, that of professional vagabondage. This evil has, until now,
been almost unknown on this side of the water, and ALBANY, JULY 28, 1877.
it is not surprising that we find our laws unfitted to
deal with it. Indeed it is, under our system of CURRENT TOPICS.
government, impossible to frame laws to punish APPLICATION has been made to the Surrogate
vagabondage, pure and simple. A statute that
should forbid a man without means to travel along A of Albany county for letters of administration
the highway, and when hungry to ask for food and upon the estate of Anneke Jans-Bogardus, who died
clothing from those who have it to spare, would be in this city in 1663 — two hundred and fourteen
of doubtful constitutionality under the fundamental years ago. The petitioner, who claims to be as near
law of any State, to say nothing of its being in anof kin as anybody at this day can be to the deceased
tagonism with the popular idea of justice and lady, sets forth that the decedent left a will, and
humanity. Yet, traveling and begging is all that is that of the personal property therein disposed of
necessary to make a tramp, and the doing of this is there remains a family bible and its contents, and other chattels undivided, besides certain real estate
all that, as a rule, can be brought home to any one
of them. Yet this, although troublesome, is not situate in the counties of Albany and New York. Citations have been issued to all interested to show
the chief thing that makes the tramp a dreaded
nuisance. It is rather the belief that he will, whencause why such letters should not issue, returnable September 26, 1877. The object of this proceeding
ever he thinks it safe to do so, commit offenses is to revive anew the litigation in respect to the
against person or property. And that this belief lands in the city of New York, possessed by the
| has good ground is shown by the record of crimes,
which can be attributed to none but tramps, Trinity Church corporation, and which it has held for more than one hundred and seventy-two years.
which daily fills the newspapers. There have been
numerous endeavors made in various places for the The history of this litigation is somewhat remarkable. It was instituted by Nicholas Brower in 1750,
suppression of the evil by the enforcement of the who brought a suit of ejectment, wherein he was
statutes against vagrancy, but these efforts have nonsuited by default. In 1760 he renewed his suit,
been attended with only partial success, and more
rigid laws are demanded. Perhaps something might but was again beaten. In 1807 Colonel Macolm, the husband of another claimant, instituted a suit
be done by conferring upon petty magistrates more
extended powers in respect to offenses such as vagaof the same nature, which had the same result. In
bonds are liable to commit. Yet, no amount of 1830 an action was instituted by Peter Oakley and
legislation will take away from the prosecution the others. In 1834 another was begun by Jonas Humbert, and in 1847 a very enthusiastic individual,
necessity of producing sufficient evidence to warrant Cornelius Brower by name, brought nine suits. In
a conviction, the want of which seems to be one
great difficulty in all action yet taken against vagaall these actions, which were brought in the higher
bondage. The probability is, that the people in State courts of law or equity, the defendant was
those parts of the country where the tramp most victorious, each case being dismissed without a trial
abounds will need to establish local detective syson the merits. About 1873 resort was had to the United States Circuit Court, but with no better suc
tems, whereby they can procure his punishment if cess, so far as the plaintiffs were concerned. Once
he happens to commit any criminal offense. before application has been made to a surrogate for letters of administration, but the applicants were | The question of the legal validity and effect of then unable to show that there was any undistributed the union between two of the Presbyterian bodies personalty of the decedent. The discovery of a of this country was involved in the case of Estate bible " and other chattels" seems to have relieved
of Daniel Speers, decided on the 27th ult. by the the case of that impediment, though it is difficult Orphans' Court of Alleghany county, Pa. A testo see what advantage can be gained by the issue of tator left a sum to the trustees of the Synod letters of administration, should such issue take
of the Associate Presbyterian Church of North place. We have little doubt that the title of the
America.” But the body mentioned did not, at the present possessor of the real property alleged to time of the probate of the will, exist under that have belonged to Mrs. Jans-Bogardus will success name, but in its stead there was what is known as fully withstand any attack that can be made upon The United Presbyterian Church of North America, it under the present proceedings.
made up by a union between it and the Associate
Reformed Presbyterian Church of North America. The people of this country residing outside of the court held that the union was valid, and the cities and large villages have, within a couple of trustees of the new church were entitled to take years, been subjected to an annoyance from which I the bequest. That the union mentioned was valid
and effectual to carry with it and preserve rights no sense true. It is only when the public security of property which had belonged to the separate is disturbed by ungoverned men, and the power of churches has been decided by the Supreme Court the law is for a little while dormant, that unsentiof Pennsylvania in McGinnis v. Watson, 5 Wright, mental people realize that the tributes of the orator 9, and by the Supreme Court of Iowa in McBride but faintly portray the advantages derived by the v. Porter, 17 Iowa, 203.
community at large from the regular administration
of justice. We have had during the past week Those who have occasion to consult the printed numerous illustrations of the dangers attending a volumes of our statutes must be struck with the departure from the strict enforcement of legal frequent repetition, at the bottom of a page, of the rights. Such an enforcement often, and perhaps phrase "so in the original," referring, by means of usually, produces suffering to some, but the other a star or other device, to some erroneous reading, course produces tenfold more suffering, with the which, if it were not for these cautionary words, | additional evil result that it weakens the foundamight be taken to be a printer's blunder. The fre- tions of order by rendering contracts insecure and quency of this annotation is a very good indication, the fruits of industry and economy uncertain. If, of the carelessness with which our laws are framed. from the events of the past few days, the people at Many of the errors thus noted are indeed trivial, large learn to appreciate the advantage of an imbut some of them are of grave importance, being partial application of the laws, and also that a rule in defiance of the laws of English grammar, and of law that is strictly just, without regard to reuncertain in meaning, to say nothing of faultiness sults, is the best in the long run for all, we may of style which prevails in almost every section of gain more good than we suffer harm from the ocevery statute. In the General Statutes of 1877 the currence of those events. proof-readers discovered and noticed more than twenty-five gross errors, some of spelling and some In the controversy between the Attorney-General of construction, which would probably indicate and Mr. John D. Townsend in relation to the Tweed more than one hundred and fifty mistakes discovera- confession, letters have been written to the public by ble by a proof-reader in the whole statute law of this each of the principal disputants, by Mr. Tweed and year, exclusive of the new Code. Whether all the by one Bryant, who acted as a sort of a messenger errors actually existing were discovered and noticed between the high contracting parties in the negowe cannot say, but there were enough to show the tiations relating to the confession. Those of the need of some provision for the more careful draft- public who have read all the letters carefully know ing of the statutes. In Great Britain no bill is con- just as much about what they relate to as those who sidered until it has gone through the manipulation have not read any of them. We suppose, all interof a parliamentary draftsman. The result is care ested having had their say, the matter will now be fully-considered legislation, and, consequently, com- dropped. paratively few laws. In fact, we have more new laws in a year than Great Britain has in a decade,
NOTES OF CASES. and, so far as can be ascertained, as much real pro
THE case of Nettleton v. Morrison, recently degress is made in legislative reform there as with us.
cided by the United States Circuit Court for A legislative draftsman might operate to prevent
the District of Minnesota, was an action to quiet many half-considered enactments which now creep into the statute book, to the bewilderment of the
title, and the facts were these. One Grignon, an
infant, executed to one Zanzius, a power of attorney, courts, the annoyance of the public and the emolument of the lawyers, but that circumstance should
in which he represented himself to be of full age, not stand in the way of the adoption of a means to
to convey certain real estate belonging to him, and, secure laws reasonably free from errors in spelling,
under this power, Zanzius conveyed the land to de
fendant for a valuable consideration which Grignon grammar and style.
received. One year after he became of age, GrigWe often hear, especially in trials before a jury, non executed a deed of the same premises to comeloquent tributes paid to the law, its power and its plainant, but he never restored to defendant the benefits. The guardian care which it exercises over money received from him for the first conveyance. our property, our families and our person, never The deed first executed was on record, before comsleeping, tiring never, and almost omnipresent, has plainant received his conveyance. The question furnished a theme for hundreds of perorations. was, could this action be maintained without a tenYet most of the talk of this kind has passed with 'der back of the money paid by defendant? The those who are familiar only with 'practical life as court held that it could, saying that the minor havmere moonshine, good enough to entertain a jury ing received the consideration for the property at or an audience, or to show off the ability of counsel | the time of the conveyance under the power of atin the speaking line, but of no further use, and in 1 torney, made the deed his own act, and it was void