18. CONTRACTS ARE ORDINARILY ENFORCEABLE AGAINST THE PERSONAL REPRESENTATIVES of deceased parties to the extent of assets which have come to their hands. Hence, where a trust deed authorizes the trustee, in certain contingencies, to take possession of a crop, which is subject thereto, It continues in force after the death of the grantor and as against his personal representative, and the trustee is entitled, not only to take such possession, but to retain it until indemnified for advances made by him in caring for and cultivating the crop, as well as for the amount remaining unpaid on the original indebtedness. (Cox v. Martin, 604.) 19. CONTRACT-CONTINUANCE AFTER THE DEATH OF THE PARTIES-TESTS OF.-Where a contract of a decedent is executory and the personal representative can fairly and fully execute it as well as the decedent himself would have done, he may do so, and enforce the contract; and, on the other hand, the personal representative is bound to complete such contract, and failing to do so, may be compelled to pay damages out of the assets in his bands. (Cox v. Martin, 604.) 20. UNDER A BUILDING CONTRACT providing that work is to be done or materials furnished to the entire satisfaction of the architect and also to the satisfaction of the owner, no recovery can be had if the owner is not satisfied, though the architect is, unless the dissatisfaction of the owner is shown to be capricious and unreasonable. (Pormann v. Walsh, 125.) 21. BUILDING CONTRACTS.—If a builder accepts payment of a contract with the understanding that no further payment shall be made unless he has made satisfactory certain plastering objected to, he cannot maintain any action unless he complies with the understanding by making such plastering satisfactory. (Pormann v. Walsh, 125.) See Negligence, 1; Specific Performance, CONVERSION. CORONERS. CORONER'S INQUEST-OBJECT OF.-The purpose of a coroner's inquest is merely to furnish the foundation for a criminal prosecution in case the death is shown to be felonious. (Germania Life Ins. Co. v. Lewin, 215.) See Insurance, 66. CORPORATIONS. 1. CORPORATIONS-FILING ARTICLES.-The mere recording of the articles of incorporation of a corporation with the certificate of the election of officers, without the intention or fact of the papers themselves remaining in the office, is not a sufficient filing to complete the organization of the corporation or vest it with corporate powers. (Bergeron v. Hobbs, 85.) 2. CORPORATIONS-DEFECTIVE ORGANIZATION-COLLATERAL ATTACK.-The filing of articles of incorporation required by statute is a condition precedent to the vesting of corporate powers. Until this condition is complied with, the corporation cannot act under color of legal right. It is not a corporation de facto, and its right to act as a corporation is subject to collateral attack. (Bergeron v. Hobbs, 85.) 3. CORPORATIONS-ACTS ULTRA VIRES-DEFENSES.Although the act of a corporation in acquiring a cause of action is ultra vires, yet want of corporate power to engage in such business cannot be interposed as a defense when the corporation seeks to enforce such cause of action. (Farwell Co. v. Wolf, 22.) 4. CORPORATIONS-ACTS ULTRA VIRES.-A corporation organized for the purpose of carrying on a general dry goods business does not possess the power to acquire by assignment claims of others for damages growing out of an alleged conspiracy to defraud, but in no way connected with its affairs, and not necessary to preserve its property or protect its interests. (Farwell Co. v. Wolf, 22.) 5. CORPORATIONS-ULTRA VIRES.-ONE CORPORATION IS NOT ESTOPPED, when sued as a stockholder in another, from urging that it had not power to become such stockholder by subscribing for, or purchasing, the stock in question, though it had undertaken to do so and had received dividends thereon. (Chemical Nat. Bank v. Havermale, 206.) 6. CORPORATIONS-PURCHASE BY ONE OF STOCK IN ANOTHER.-A national bank has no power to purchase or subscribe for stock in another corporation, though it may accept such stock as collateral security for a loan, and by the enforcement of its rights as pledgee become the owner thereof. (Chemical Nat. Bank v. Havermale, 206.) 7. CORPORATIONS EVIDENCE TO PROVE OWNERSHIP BY OF STOCK IN ANOTHER CORPORATION.-Where a corporation has no power to acquire stock in another corporation except as the result of accepting it as a pledge for a loan, and then foreclosing the pledge, a finding that it has become the owner of such stock is not supported by evidence merely showing the reception by it of dividends thereon. Though the evidence shows that the corporation sought to acquire title to such stock and was intended to be vested with such title, this is not sufficient. It must further be proved that the stock was acquired in some mode in which the corporation was authorized to acquire it. (Chemical Nat. Bank v. Havermale, 206.) 8. CORPORATIONS-LIABILITY OF ONE AS STOCKHOLDER IN ANOTHER.-The act of a national bank in acquiring stock in another corporation is ultra vires, and cannot create any liability against such bank in favor of a creditor of such other corporation, nor can such liability result from the reception of dividends on such stock. A contract ultra vires cannot be ratified. (Chemical Nat. Bank v. Havermale, 206.) 9. CORPORATIONS-DEFECTIVE ORGANIZATION-INDIVIDUAL LIABILITY.-The filing of articles of incorporation required by statute is a condition precedent to the vesting of corporate powers. Until this condition is complied with the association is not a corporation de facto, although it has carried on business under supposed authority to act as a body corporate in entire good faith. In such case, the members or stockholders are individually liable for its debts and contracts. (Bergeron v. Hobbs, 85.) CORPORATIONS-DEFECTIVE 10. ORGANIZATION-INDIVIDUAL LIABILITY.—If an attempt to organize a corporation fails by omission of some substantial step or proceeding required by statute, its members or stockholders are liable as partners for its acts and contracts. (Bergeron v. Hobbs, 85.) 11. CORPORATIONS-LIABILITY OF DIRECTORS.-The liability of the directors of a bank for their negligence in permitting false and fraudulent statements as to the financial condition of the bank to be published and wrong dividends to be declared, cannot be restricted to one instance of negligence when there are more such instances in evidence. (Houston v. Thornton, 699.) 12. CORPORATIONS-LIABILITY OF DIRECTORS FOR 13. CORPORATIONS-LIABILITY OF DIRECTORS FOR 14. CORPORATIONS-LIABILITY OF DIRECTORS FOR NEG- 15. CORPORATIONS-LIABILITY OF NONRESIDENT DI- 16. ACTIONS AGAINST CORPORATIONS-PLEADING-COR- 17. FOREIGN CORPORATIONS PLEADING IN ACTION 18. CORPORATIONS-ACTIONS BY OR AGAINST-PLEAD- See Actions, 4; Contracts, 3, 4; Deeds, 8; Judgment, 29. COTENANCY. 1. COTENANCY-PURCHASE OF OUTSTANDING TITLE 2. COTENANCY-PURCHASE OF OUTSTANDING TITLE.- benefit of the cotenants of the patentee, who holds as trustee for his co-owners in the premises. (Mills v. Hart, 241.) 3. COTENANCY IN COAL MINES-MEASURE OF DAMAGES FOR COAL TAKEN FROM COMMON ESTATE BY ONE COTENANT.-If a cotenant in coal lands, in good faith attempts to purchase the interests of his cotenants in the common estate, and, believing that the title to such interests will be perfected in him, in good faith enters upon such estate, mines and sells coal therefrom, but fails to get the title to the land, the measure of damages against him for the coal thus taken is the value of such coal in place at the time it was mined; and if, in operating mines on his own land that nearly surround or abut on the common estate, he has constructed passageways, tracks, cars, and other fixtures, conveniently located for removing coal from the common estate, that fact, as well as any other, natural or artificial, tending to enhance or diminish the value of the coal taken as it lay in place, must be considered in fixing such value. (Keys v. Pittsburg etc. Coal Co., 754.) COUNTERCLAIM. See Partnership, 3. COUNTIES. See Judgment, 30, 31. COURTS. See Contempt, 2. COVENANTS. See Assignment, 2 CRIMINAL LAW. CRIMINAL LAW-MISDEMEANORS.-INTENT constitutes no element of the crime of misdemeanor. Hence innocence of intention does not entitle one accused of a misdemeanor to an acquittal if he has committed acts constituting a misdemeanor. (Haggerty v. St. Louis Ice etc. Co., 647.) CROPS. CROPS-FORECLOSURE SALE.-Crops unsevered from the land at the confirmation of a foreclosure sale become the property of the purchaser, though raised by a tenant of the mortgagor who was not a party to the foreclosure suit. It is otherwise with crops severed before the confirmation. (Reily v. Carter, 621.) CY PRES. DAMAGES. 1. DAMAGES-EXCESSIVE VERDICT-RULE AS TO DISTURBING.-A verdict of a jury will not be disturbed on account of excessive damages, unless they are so outrageous as to induce the court to believe that the jury must have acted from prejudice, partiality, and corruption. (Frankfort v. Coleman, 412.) 2. CONSPIRACY TO DEFRAUD-MEASURE OF DAMAGES. In an action to recover damages for a conspiracy to defraud by purchasing and selling goods without paying for them, the measure of damage is the value of the goods at the place where, and the time when, they were obtained from the plaintiff, with interest from such time, at the legal rate. (Farwell Co. v. Wolf, 22.) See Assignment, 1; Contracts, 11, 19; Cotenancy, 3; Libel, 1, 5-9; Release. DEATH. See Actions, 3; Admiralty, 4; Negligence, 4-7. DEDICATION. 1. STREETS. THE DEDICATION OF LAND AS A PUBLIC STREET is not established by proof that for a period of eight years, without either assent or objection on the part of the owner, it was used by the public generally for travel. (San Francisco v. Grote, 155.) 2. STREETS-NEW USES OF.-The dedication and appropriation of lands for a public street is not restricted to the purposes for which streets have hitherto been used, but the uses may be enlarged to answer all the additional and improved methods of attaining the same objects and enjoying the same privileges, not, however, to the substantial impairment of the owner's use and enjoyment of his abutting property. (Magee v. Overshiner, 358.) 3. DEDICATION TO PUBLIC USE-PRIVATE CITIZEN, WHEN MAY SUSTAIN SUIT TO PREVENT A CHANGE OF THE USE.-If municipal authorities are about to put property dedicated for use as an ornamental park to a different use, donors of such property, or any lot owner, and perhaps any private citizen, may maintain a suit to enjoin the proposed use. (Rowzee v. Pierce, 625.) DEEDS. 1. DEEDS.-DELIVERY of a deed executed in behalf of an infant for the consideration of love and affection, to a witness of the deed for the benefit of such infant, is a delivery to the infant. (Parker v. Salmons, 291.) 2. DEEDS DELIVERY-EVIDENCE OF.-A deed duly recorded is admissible in evidence without further proof, not only to show that it was signed, but that it was also delivered. (Parker v. Salmons, 291.) 3. DEEDS-DELIVERY-EVIDENCE OF.-Delivery to, and possession by, a father of a deed conveying to his infant child a tract of land, tend to prove delivery of the deed to such infant, although it does not purport on its face to have been delivered. (Parker v. Salmons, 291.) 4. DEEDS-DESCRIPTION - EVIDENCE.-Although the description of land contained in a deed thereof is inaccurate in some details, yet if, when aided by competent extrinsic evidence and taken in connection with other deeds conveying other parcels of the same tract, the property intended to be conveyed can be sufficiently identified, it cannot be said, as matter of law, that the deed is so wanting, vague, and uncertain in description as to be void and inadmissible as evidence of title. (Parker v. Salmons, 291.) 5. CONVEYANCE WHEN DOES NOT INCLUDE THE WHOLE INTEREST OF THE GRANTOR.-A conveyance of an estate for life of the party of the first part in and to the undivided onethird part belonging to the party of the second part of all the real estate of which J. O. died seised in his demesne and of fee, does not include the life estate of the grantor in the property which she did not acquire from J. O. (Deshong v. Deshong, 855.) 6. DEEDS-DIFFERENCE BETWEEN GIFT AND PURCHASE. A deed of gift from an ancestor is supported alone by a |