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of the original deed when it is not shown that such original is not within the custody or control of the party offering such record copy.
Jolinson v. State, 172. B. QUITCLAIM—LIABILITY UNDER-A grantor conveying by deed of bar.
gain and sale all his right, title, ciaim, and interest in and to a tract of land is not responsibls for defects in the title beyond the covenants
in his deed. Reynolds v. Shaver, 36. 6. DEEDS OF ALL TITLE AND INTEBEST-EFFECT OF COVENANT OF WAR.
RANTY.—If a deed purports in terms to convey only the right, title, and interest of the grantor to the land described, instead of conveying in terms the land itself, a general covenant of warranty is limited to that right or interest, and cannot be broken by the enforcement of a pnra mount title outstanding against the grantor at the time of the convey. anon. Reynolds v. Shaver, 36.
DEFINITIONS. " Attestation." Wickersham v. Johnson, 118
Body." Walker v. State, 186. Copy. Wickersham v. Johnson, 118. Due process of law.” State v. Billings, 525. “Forthwith render judgment." Sorenson v. Swensen, 472 “Immediately." Kentzler v. American elc. Accident Assn., 934.
Legal disability.” King v. Carmichael, 303. “Night-time,” What is. In the absence of statutory definition it is
“night-tiine" so long as a man's face cannot be discerned; otherwise, without taking moonlight into consideration, it is daytime. Hence, an instruction fixing the end of night and the commencement of day at
exactly one hour before sunrise is erroneous. Klieforth v. State, 876. “Open and gross lewdness." Slate v. Juneau, 877.
DESCENT. ESTATES-RIGHT OF WIDOW TO SHARE IN PERSONAL PROPERTY OF Hur
BAND.-Under the Michigan statute a widow takes a share of the por. sonal property of her husband as distributee, and not as dowreas, and is an heir as to such property. Lyons v. Yerex, 452.
See HUSBAND AND WIFE, 3.
DOWER. 1. EFFECT OF DIVORCE.—A decree of divorce from the bonds of matrimony
bars the wife's claim of dower. Wood v. Wood, 42. 2. Tax TITLES-EFFECT ON DOWER INTEREST.-A wife's inchoate dower in
terest in land is not divested or affected by a tax sale of the land in the absence of a statute so providing. Thompson v. McGorkle, 334.
Soo CLOUD ON TITLE; LIMITATIONS OF ACTIONS, 3; Taxes, 1, 2;
DUE PROCESS OF LAW.
ress is not, as a general rule, available in an action upon a promissory
reason void. City National Bankv. Kusworm, 880.
rion.—A wife may avoid her contract for duress without any ref.
EIGHT HOUR LAW.
ant in ejectment to plead the estate or license, under which he holds
prima facie case. Allen v. Higgins, 847,
in an action of ejectment, provided the matter set up authorizes the
See COTENANCY; MUNICIPAL CORPORATIONS, 8; PATENTS, 1.
building for his business permits, but does not require, his employees
to ride ap and down on a freight elevator used therein, they are, while
court in an equity case by virtue of section 250 of the Code of Civil Pro-
equity courts. Kleinschmidt v. Greiser, 652.
be borne by him who occasioned it. City Nat. Bank v. Kusworm, 880.
equity. State v. Van Beek, 397.
erally no remedy, but relief may be afforded in equity if the sur.
fact, or a inistake of law and fact combined, especially if it does not
quate consideration. In re Estate of Garcelon, 134.
ERROR, WRIT OF.
ancestor's estate, and thereby estop himself from claiming as beir any
ESTOPPEL. 1. AN ESTOPPEL MUST BE MUTUAL It inust bind both parties, and one who
is not bound by it cannot take advantage of it. First Nah Bank v.
Northwestern Vat. Bank, 247. 2. To CONSTITUTE AN ESTOPPEL IN Pais some thing must be said or done by
the person estopped. The independent act of another person, even though such other person is her husband, oannot create such an at toppel. City Nat Bank v. Kusworm, 880. Soo CORPORATIONS, 11, 19; ESTATES; INSURANOE, 7; OFFICERS, 4
EVIDENCE 1. EVIDBNOB OBTAINED BY Tort.-Courts do not pause in the trial of
case to open up a collateral inquiry upon the question of whether wrong has been committed in obtaining information possessed by a wit
Cluett v. Rosenthal, 446. 2 EVIDENCE OBTAINED BY Torr.–One who is in no way responsible for a
tort by which information is obtained may introduce evidence of the facts so ascertained, although trespass has been committed by the wit
ness in obtaining the information. Cluett v. Rosenthal, 446. 8. IMPROPERLY OBTAINED - CONTENTS OF ACCOUNT-BOOKS. The fact that
knowledge of the contents of account-books was obtained by a witness while they were in the hands of a sheriff under an authorized attachment does not render his testimony as to such contents incompetent if, at the time such knowledge was obtained, he was not acting for the
person who seeks to introduce such evidence. Cluelt v. Rosenthal, 446. A JUDICIAL Notice is taken of the fact that wine is an intoxicating liquor.
Wolf v. State, 34. 8. JUDICIAL Notice is taken of the fact that a bank, when it makes a
collection for a foreign correspondent, never, unless specially directed, remits the specie collected, but instead thereof always takes the specie to its own use, and sends therefor its draft or certificate of deposito
Bowman v. Firsl Nat. Bank, 870. & JUDICIAL Notice-DESCRIPTION OF LANDS. - If lands are clearly and
applies to England, as well as to sister states of the American anion.
distinctly described by the complaint in a judicial proceeding by reforence to the section, township, and range of the United States govern. ment survey, the court must take judicial notice of the county in which they are situated, without any evidence on that point. This matter must be determined bp the court in the same manner as a legal propo. sition, and cannot be made an “issue" between the parties to be deter. mined by the court in each case upon conflicting evidence presented in
that case. Rogers v. Cady, 101. 7. Law of Foreign COUNTRY.— The foreign law, as to questions raised in the
courts of this state, must be assumed, in the absence of any evidence tending to show what that law is, to be the same there as horo. This rule
Wickersham v. Johnston, 118.
be pleaded and proved. Wickersham v. Johnston, 118.
bad delivered a deed to his daughter to be delivered to another of his
the deed to the grantee. Brown v. Stulson, 462.
If a written order for the purchase of a chattel is incomplete, parol evi.
pliance with the condition. Aultman v. Clifford, 478.
roll of another state cour', or an authenticated copy of it, is evidence
and entered so as to have effect. In re Ellis' Estate, 514,
gage on its goods in trust to secure an alleged indebtedness to the
ference that he had examined the books. Cluett v. Rosenthal, 446.
2, 3; PATENTS, 1.
See JUDGMENTS, 19.
they are exempt from execution, are nevertheless subject to garnish.
ment debtor. Lyon v. Calloj y, 396.
SUBJECT to execution nor to garnishment when the estate is held by
See Deeds, 3.