L. R. A. CASES AS AUTHORITIES.

AS

CASES IN 7 L. R. A.

7 L. R. A. 33, O'CONNOR v. O'CONNOR, 88 Tenn. 76, 12 S. W. 447. Vendor's lien.

Cited in Zwingle v. Wilkinson, 94 Tenn. 250, 28 S. W. 1096, holding vendor's equitable lien for unpaid purchase price of land not affected because note for balance of purchase money was executed to third person.

Cited in footnotes to Frame v. Sliter, 34 L. R. A. 690, which denies implied equitable lien to grantor of land for unpaid purchase money; Doty v. Deposit Bldg. & L. Asso. 43 L. R. A. 551, which holds vendor's lien enforceable against land for entire amount unpaid on sale of real and personal property.

Fraudulent conveyance.

Cited in Blackmore v. Parkes, 26 C. C. A. 671, 54 U. S. App. 123, 81 Fed. 900, holding conveyance by insolvent in consideration that grantee pay debts of the insolvent not fraudulent.

Action by mortgagee.

Cited in note (6 L. R. A. 612) on personal action by mortgagee.

7 L. R. A. 44, WHITE v. CINCINNATI, N. O. & T. P. R. CO. 89 Ky. 478, 12 S. W. 936.

Effect of contributory negligence.

Cited in Union P. R. Co. v. Evans, 52 Neb. 55, 71 N. W. 1062, to point that one knowing approach to railway station unsafe may recover for injury sustained while exercising ordinary care.

Cited in note (44 L. R. A. 294) as to effect of contributory negligence on duty of carrier of live stock to furnish pens at stations.

7 L. R. A. 46, PITTSBURGH CARBON CO. v. McMILLIN, 119 N. Y. 46, 28 N. Y. S. R. 807, 23 N. E. 530.

Rights and powers of receivers.

Cited in Gray v. De Castro & D. Sugar Ref. Co. 32 N. Y. S. R. 1020, 10 N. Y. Supp. 632, sustaining injunction restraining corporation belonging to illegal trust and for which receiver has been appointed from parting with assets received under trust deed; Re Vietor, 20 Misc. 15, 44 N. Y. Supp. 603, to point that receiver while authorized to prosecute and defend actions is but the creature of the court as trustee or custodian of fund; Hamor v. Taylor-Rice Engineering 889

Co. 84 Fed. 399, holding receiver as representative of creditors may assert de fense on their behalf which corporation could not maintain; Peabody v. New England Water-Works Co. 184 Ill. 628, 75 Am. St. Rep. 195, 56 N. E. 957, holding receiver represents both corporation and creditors and may in behalf of latter assert claim he could not maintain as representative of former; Harrington v. Connor, 51 Neb. 219, 70 N. W. 911, holding defense not good against creditors of bank and involving fraud against them not available in suit by receiver of bank; Washington Mill Co. v. Sprague Lumber Co. 19 Wash. 171, 52 Pac. 1067, holding receiver of insolvent corporation may disaffirm its acts and maintain suit to set aside its fraudulent conveyances; Re Wendler Mach. Co. 2 App. Div. 19, 37 N. Y. Supp. 444, holding receiver has power to contest validity of mortgage given to secure bonds of insolvent corporation.

Distinguished in Gray v. Oxnard Bros. Co. 31 N. Y. S. R. 972, 13 N. Y. Supp. 86, holding receiver of individual corporation in illegal partnership cannot maintain action for accounting or dissolution.

Monopolies.

Cited in United States v. Addyston Pipe & Steel Co. 46 L. R. A. 136, 29 C. C. A. 160, 54 U. S. App. 723, 85 Fed. 291, holding contract to sell property, business, or good will, or to create partnership or corporation, invalid if part of plan to establish monopoly; National Harrow Co. v. Hench, 76 Fed. 669, holding combination of patent owners to prevent competition and maintain price illegal; National Harrow Co. v. Hench, 39 L. R. A. 300, 27 C. C. A. 351, 55 U. S. App. 53, 83 Fed. 38, holding while patentees may compose their differences they cannot make the occasion an excuse for creating monopolies; Lovejoy v. Michels, 88 Mich. 28, 13 L. R. A. 775, 49 N. W. 901, by Champlin, Ch. J., to point that combination to control prices is odious as illegal exercise of franchises of a monopoly; John D. Park & Sons Co. v. National Wholesale Druggists' Asso. 175 N. Y. 36, 62 L. R. A. 647, 96 Am. St. Rep. 578, 67 N. E. 136 (dissenting opinion) majority upholding agreement between manufacturers of medicines and wholesalers made for purpose of maintaining uniform jobbing and retail prices.

Cited in footnote to Scott v. Wiswall, 42 L. R. A. 85, which holds contracts with tugs severally for towage not invalidated by illegal combination between owners to restain trade.

Cited in note (12 L. R. A. 754) on restraining monopoly as public nuisance.

7 L. R. A. 48, GRIGGS v. STONE, 51 N. J. L. 549, 18 Atl. 1094. Extent of implied warranty.

Approved in Troy Laundry Co. v. Henry, 23 Or. 236, 31 Pac. 484, holding implied warranty of pulley on line shaft does not extend to machine to which it communicates power.

7 L. R. A. 50, STATE v. TUTTY, 41 Fed. 753. Validity of foreign marriage.

Cited in Jackson v. Jackson, 82 Md. 30, 34 L. R. A. 775, 33 Atl. 317, holding Pennsylvania marriage based on general reputation good in absence of statute declaring such marriages void.

Cited in footnotes to Re Stull, 39 L. R. A. 539, which holds invalid, marriage between man and paramour in other state to avoid laws of domicil; Norman v.

Norman, 42 L. R. A. 343, which holds marriage on high seas by parties leaving land to evade laws of residence invalid; Jackson v. Jackson, 34 L. R. A. 773, which sustains marriage valid in state where it was contracted.

Conflict of laws.

Cited in note (57 L. R. A. 168) on conflict of laws as to marriages as to members of different races.

Removal of cause.

Cited in note (53 L. R. A. 573) on removal to protect Federal right.

7 L. R. A. 55, LAWTON v. COMER, 40 Fed. 480.

Navigability.

Cited in Mills v. United States, 12 L. R. A. 680, 46 Fed. 745, to point that the Savannah is a navigable river.

Cited in notes (7 L. R. A. 673) on what are navigable rivers; (42 L. R. A. 325) on navigable waters.

Limitation of liability.

Cited in notes (6 L. R. A. 850) on limiting liability of carrier; (10 L. R. A. 420) on contractual limitation of carrier's liability.

7 L. R. A. 67, GARDNER v. TERRY, 99 Mo. 523, 12 S. W. 888. Injunction to prevent cloud on title.

Cited in Verdin v. St. Louis, 131 Mo. 80, 33 S. W. 480, holding equity will enjoin or cancel void paving tax bills casting cloud on title; Clifton v. Anderson, 40 Mo. App. 623, holding chancery may prevent sale under invalid decree which would cast cloud on title to real estate; Skinker v. Heman, 64 Mo. App. 448, holding equity will restrain issuance of invalid special tax bill which would cast a cloud on title; Sneathen v. Sneathen, 104 Mo. 207, 24 Am. St. Rep. 326, 16 S. W. 497, holding equitable jurisdiction to remove cloud not only remedial but preventive.

Adverse possession.

Cited in McRee v. Gardner, 131 Mo. 606, 33 S. W. 166, holding title through adverse possession sufficient to authorize suit to remove cloud from title; Comstock v. Eastwood, 108 Mo. 47, 18 S. W. 39, holding adverse possession for two years of military bounty land vests title in occupant who may maintain eject

ment.

Distinguished in De Bernardi v. McElroy, 110 Mo. 659, 19 S. W. 626, holding intent to claim entire title to land necessary to put statute of limitations in operation.

As between mortgagee and mortgagor.

Cited in St. Louis v. Priest, 103 Mo. 655, 15 S. W. 988, holding foreclosure not barred by statute of limitations unless there has been adverse possession of mortgaged property for requisite period; Combs v. Goldsworthy, 109 Mo. 160, 18 S. W. 1130, holding although notes given to secure mortgage are barred by statute, there must be adverse possession of mortgaged premises to bar foreclosure; Sherwood v. Baker, 105 Mo. 477, 24 Am. St. Rep. 399, 16 S. W. 938, holding ten years' adverse possession by mortgagor necessary to bar foreclosure; Chouteau v. Riddle, 110 Mo. 372, 19 S. W. 814, holding mortgagor in possession

does not hold adversely to mortgagee so long as relation of mortgagor and mortgagee exists; Ivy v. Yancey, 129 Mo. 507, 31 S. W. 937, holding grantor in trust deed does not hold adversely to trustee unless by acts and declarations he repudiates deed of trust.

Suit involving title.

Cited in Hanna v. South St. Joseph Land Co. 126 Mo. 10, 28 S. W. 652, holding suit to rescind contract to purchase land and cancel deed of trust involves title to real estate within jurisdiction of supreme court; Bryant v. Russell, 127 Mo. 426, 30 S. W. 107, holding title involved within jurisdiction of supreme court where one party claims by purchase at execution sale and other claims right to redeem; Kleimann v. Geiselmann, 45 Mo. App. 498, remanded on ground that suit to declare deed of trust a subsisting lien and for its foreclosure does not involve title.

Statute of limitations.

Cited in Menzel v. Hinton, 132 N. C. 665, 95 Am. St. Rep. 647, 44 S. E. 385, holding power of sale in mortgage not affected by statutory bar against foreclosure.

7 L. R. A. 69, COUDERT v. COHN, 118 N. Y. 309, 16 Am. St. Rep. 761, 23 N. E. 298.

Tenancy under void lease.

Cited in Phelan v. Anderson, 118 Cal. 506, 50 Pac. 685, holding tenancy from year. to year implied where entry made on agricultural land under void parol lease providing for annual rent; Gilfoyle v. Cahill, 18 Misc. 70, 41 N. Y. Supp. 29, holding tenancy from month to month implied from possession under void oral lease for long term, rental payable monthly; Talamo v. Spitzmiller, 120 N. Y. 42, 8 L. R. A. 223, 17 Am. St. Rep. 607, 23 N. E. 980, holding party in possession making no payments or promise to pay under void lease liable only for use and occupation; Unglish v. Marvin, 128 N. Y. 385, 23 N. E. 634, holding party in possession under void agreement for joint occupancy with owner for term of years, not entitled to damages for dispossession; Adams v. Cohoes, 127 N. Y. 181, 28 N. E. 25, holding tenant from year to year under void lease under no duty to give notice of termination of tenancy; Butts v. Fox, 96 Mo. App. 441, 70 S. W. 515, holding tenant under lease void under statute of frauds not entitled to notice to quit at end of term; Arbenz v. Exley, 52 W. Va. 479, 61 L. R. A. 958, 44 S. E. 149, holding written lease void under statute, admissible in evidence to show a tenancy, its terms, and conditions.

Cited in note (26 L. R. A. 800) on compensation for use of premises where lease invalid under statute of frauds.

Tenancy from year to year.

Cited in Johnson v. Doll, 11 Misc. 347, 32 N. Y. Supp. 132, and Garrick v. Menut, 41 N. Y. S. R. 470, 17 N. Y. Supp. 455, holding tenant holding over after expiration of year's lease, liable for full rent for ensuing year; Kernochan v. Wilkens, 3 App. Div. 600, 38 N. Y. Supp. 236, holding tenant holding over after expiration of year under void lease for longer term, liable for following year's

rent.

7 L. R. A. 70, CHURCH OF ST. MONICA v. NEW YORK, 119 N. Y. 91, 23 N. E. 294.

Exemption from taxation.

Cited in People ex rel. Delta Kappa Epsilon Soc. v. Lawler, 74 App. Div. 557, 77 N. Y. Supp. 840, holding premises occupied by college society as boarding place, with exception of society room, not exempt from taxation.

Cited in footnotes to Ramsey County v. Macalaster College, 18 L. R. A. 278, which holds professors' residences on college grounds exempt but not unused land in college tract; State, Singer Mfg. Co., Prosecutor, v. Heppenheimer, 32 L. R. A. 643, which holds company exempt from taxation under exemption of its shares. Cited in note (12 L. R. A. 852) exemption from taxation does not exempt from special assessment.

Distinguished in Shaarai Berocho v. New York, 28 Jones & S. 488, 46 N. Y. S. R. 235, 18 N. Y. Supp. 792, on ground that religious society was incorporated and holding its exemption not affected by fact that janitor resided on premises. Statutory construction.

Cited in People ex rel. Young Men's Asso. v. Sayles, 32 App. Div. 201, 53 N. Y. Supp. 67; People ex rel. Salvation Army v. Feitner, 33 Misc. 714, 68 N. Y. Supp. 338, to point that statutes exempting religious and charitable corporations from general taxation must be strictly construed.

7 L. R. A. 72, KRUEGER v. KRUEGER, 76 Tex. 178, 12 S. W. 1004. Acknowledgment to take debt out of statute of limitations.

Cited in Henry v. Roe, 83 Tex. 452, 18 S. W. 806, holding letter unqualifiedly acknowledging existence of and promising to pay debt removes bar of limitations; Moline Plow Co. v. Webb, 141 U. S. 627, 35 L. ed. 882, 12 Sup. Ct. Rep. 100, raising, without deciding, question whether request to stay suit constitutes new promise; Liberman v. Gurensky, 27 Wash. 420, 67 Pac. 998, holding promise to pay at indefinite future time does not revive barred debt.

Cited in Slaughter's Succession, 108 La. 494, 58 L. R. A. 409, footnote, p. 408,. 32 So. 379, holding bar of limitation not removed by expression of ability to pay debt, followed by part payment.

7 L. R. A. 73, BURTON v. TUITE, 78 Mich. 363, 44 N. W. 282.

What are public records.

Cited in Aitcheson v. Huebner, 90 Mich. 645, 51 N. W. 634, holding state tax land book public record; Burton v. Tuite, 80 Mich. 219, 7 L. R. A. 825, 45 N. W. 88, holding city treasurer's stub receipt books, from which data are transferred to record books, public records; Tryon v. Pingree, 112 Mich. 347, 37 L. R. A. 226, 67 Am. St. Rep. 398, 70 N. W. 905, raising, without deciding, question whether books of city fire commission public records.

Distinguished in Marriage License Docket, 4 Pa. Dist. R. 284, holding marriage license docket not public record.

Right to examine public records.

Cited in Barber v. West Jersey Title & Guaranty Co. 53 N. J. Eq. 160, 32 Atl. 222, holding abstract maker has right of access to public records but not to make copies for purpose of setting up rival office; Day v. Button, 96 Mich. 602, 56 N. W. 3, holding abstract maker entitled to reasonable access to public records;