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PARTNERSHIP CREDITORS, liens upon the partnership assets, 370.
obtaining lien upon separate property of partners are entitled to prefer
ences over individual creditors, 366.
partner as against has no right to apply firm property to the payment
of his personal obligations, 374.
partner's right to have firm assets applied to the payment of, 370.
payment, right to in equity out of the partnership assets,:364
preferences over given to individual creditors of a member of the firm,
priorities over are dependent upon the equities of the partners, 372
probate and surrogate courts, classification of liabilities by statuto does
not affect priority of partnership creditors, 370.
probate and surrogate courts, rules of in cases of conflict between and
individual creditors, 369.
real property, attachment or execution against, 378.
real property, notice to purchaser of firm interest in, 379, 380.
real property, priorities under writs against partnership and against
individual members, 378.
real property, proceedings to reach, 379.
real property, rights of in, 378.
real property, test to determine whether it may be subjected to firma
relief, form of, in equity, 380.
separate debts, right of partners to apply property to payment of, 373.
separate property of partuers, proceedings at law against, 364, 365.
separate property of partners, right to share in equity, 368.
subrogation of, to the rights of the partners, 370.
surviving partner, effect of purchase by him of the interest of the de
surviving partner, right of to create preferences between, 376.
transfer by one partner to another of his interest in the firm, effect of
upon the rights of its creditors, 375.
transfer for the purpose of defrauding, 375.
transfer of interest of one of the partners to a third person does not
affect rights of, 375.
transfer of interest resulting from death of a inember doas not affect
rights or remedies of the firm creditors, 375.
transfer of property by the firm, effect of upon, 373.
waiver by partner of his rights destroys equity of firm creditora, 374,
waiver by partner of his rights to have the firm property used to dis
charge the firm obligations, 375.
PRINCIPAL AND SURETY, discharge of surety by the principal's failure to
resort to means of satisfaction, 358.
surrender of collateral securities by principal releases the rarety, 358
PROBATE AND SURROGATE Courts, priorities in, of partnership and of indi.
vidual creditors, 369.
PUBLIO LANDS, patent for, collateral attack upon, when not permissible
patent for, presumption in favor of, 180.
patent for, when void, 180.
PUBLIO OFFICE, olegibility to, whether must oxist at the timo d the gloo
Publio OTTICERS, compensation of, when may not be increased daring the
term of office, 837.
increaso in dntios of, when releases suretios, 837.
RAILWAY CORPORATIONS, handcar, liability for persons injured whilo rido
ing on, 41.
livestock, duty of, to provide places for feeding and watering. 46
REPLEVIN, by mortgagee, when sustainable, 435.
RIPARIAN OWNERS, convoyance which will affect rights of, 605.
SPECIFIO PERFORMANCE of contract to dispose of property by will, 700.
STATUTE OF Frauds, oral promise to pay debt of another, 846.
STREETS, public uses to which may be applied, 99.
railways in, construction of, when an additional servitude, for whilola
abutting landowner is entitled to be compensated, 100, 658
railways, public use for, when may be authorized, 100.
Tax SALE, cotenant cannot acquire title by, 348.
TRADEMARKS, purposes of, 911.
transfer of by assignment of business, 911.
use of one's name as, 776.
words in which an exclusive right cannot be acquired, 011.
TRESPASS by a mortgagee, when sustainable, 434.
TROVER by mortgagee, when sustainable, 434.
TRUST FUNDS, garnishment of, 855.
VENDOR AND VENDEE, improvements, payment for on repudiation a parel
contract of sale, 202
time, when and how may be made of the essenor of a contract, 201, 202
WASTE, mortgagee's right to injunction against, 432 433.
WATERS, percolating, to whom belong, 719.
pollution of, liability of landowner for, 719.
riparian owner's right of access to, 740.
Wills, agreements not to contest, 147.
lost or destroyed, probate of, 524.
undue influence, burden of proof, 302.
WITNESSES, children, competency of, 880.
busband and wife, when competent to testify against wol there, IL
Seo WATERS, 11.
Boo LIMITATIONS OF Aorton,
See INSURANCE, 15.
See EVIDENCE, 3, 12
Soe WATERS, 7, &
See JUDGMENTS, 21-24.
80e ExecuTORS AND ADMINISTRATORS, &
1 MARITIMS CONTRACTS–STATE JURISDICTION. – Contracts for tho con
struction of vessels and water craft, and for the furnishing of materials
therefor, before they are launched, are non-maritime. Lions and pro-
obedings to enforce them are under state control, and may bo enforood
in state courts. Qlobe Iron Works Co. v. Steamer "John B. Ketcham,
& STATE JURISDICTION-CONFLICT Of Laws. -A state law providing a lien
and method for its enforcement in the state courts, for building vessels
of water craft, and furnishing materials and machinery therefor before
the vessel is launched, is not in conflict with the United States admiralty
law. Globe Iron Works v. Steamer "John B. Ketcham, End," 464.
Seo SPECIFIC PERFORMANCE, 13.
L MISTAKB AS TO BOUNDARY.-An adjoining owner who, by mistako, los
aloson or builds upon the land of his neighbor, intending to claim ado
versely to the real or true boundary only, does not thereby acquire a
porsession adverse or hostile to the true owner; but if he takes posuer-
nion of the land under the belief and claim that it is his, he acquires as
adverse possession, even though the claim of title is the revolt o.
mistake as to the boundary line. Wilson v. Hunter, 63.
. MISTAKI AS TO BOUNDARY—INTENT.—The nature of the possession of
an adjoining owner who incloses or builds upon the land of his neigh.
bor depends upon the intent with which such possession is taken and
held. To bar an action for the recovery of the land so held the poe-
session must be actual, open, continuous, hostile, exclusive, and accom.
panied by an intent to hold adversely to, and not in conformity with,
the rights of the true owner, and must continue for the full period pro-
scribed by the statute of limitations. Wilson v. Hunter, 63.
& Notice—STATUTE OF LIMITATIONS. — Undisturbed adverse possession of
land ander color of title raises a presumption of notice thereof, and
constitutes a complete bar to an attack upon the title of the party in pas
session after the period prescribed by the statute of limitations bas
elapsed. King v. Carmichael, 303.
See COTENANCY, 1; HUSBAND AND Wire, to
Soe BAIL; NEW TRIAL, 2.
1. POWERS OF ATTORNEY ARE STRICTLY INTERPRETED, and the authority is
never extended beyond that which is given in terms, or which is necer
and proper for carrying the authority so given into full effect
Campbell v. Foster Home A88n., 818.
& POWER OF ATTORNEY TO SELL— AUTHORITY TO MORTGAGE.- A letter ol
attorney with naked authority to sell and convey, uncoupled with any
interest in the land or fund, does not authorize the attorney in fact to
execute a bond and mortgage in the name of the principal. Campbell
v. Foster Home Assn., 818.
& POWER OF ATTORNEY TO SELL-AUTHORITY TO MORTGAGE-A power of
attorney to sell and convey real estate, not coupled with an interest,
does not confer power to mortgage, and a mortgage executed under
such a power is void. Campbell v. Foster Home Assn., 818.
AUTHORITY OF Agent to EMPLOY ATTORNEY.-A general agent, with
authority to make collections of cash and notes for his principal, has
power to direct an attorney at law to bring suit, and to give a bond of
indemnity in the name of such principal. Swartz v. Morgan, 766.
Soo BROKERS; FRAUDULENT CONVEYANCE, 2; HUSBAND AND WI, 2
See OFFICERS, 2, 3.
See MARRIAGE AND DIVORCR, 8-11.
ALTERATION OF INSTRUMENTS.
CONTRAOT EXECUTED IN DUPLICATE. - If a lease is executed in daplicato,
both the landlord and tenant retaining a copy, both copies are origin.
alo, and the fraudulent alteration by the tenant of the copy retained
by him does not annul the lease, because the remaining copy is suffie
cient to sustain the contract between the partion. Jonu v. Hoard, 17.