DRUMMERS.

See CONSTITUTIONAL LAW.

EJECTMENT.

See CHANCERY PLEADINGS AND PRACTICE.

1. Equitable right. A recovery in an action of ejectment only deter-
mines that the successful party has the better legal title, and will
not prejudice the equitable rights of the losing party. Boro v.
Harris, 36.

2. Title. Common source. It is only necessary for a plaintiff in eject-
ment to deraign his title from the person under whom it is proven
the defendant claims. Howard v. Massengale, 577.

3. Ejectment Bill. Outstanding title. The outstanding title, which
will defeat a plaintiff in ejectment, must be a present, subsisting, op-
erative and available title, not one reverted, abandoned or barred. Id.
ELECTION.

See IMPROVEMENTS.

EMPLOYER AND EMPLOYE.

See ACTION; LIBEL AND SLANDER.

1. Pleadings and practice. Damages. Burden of proof. In an action by
an employe against his employer to recover damages for an injury to
the plaintiff caused by a defective machine or tool, the burden of
proof is upon the plaintiff, and it was therefore error in the trial
judge to charge that the burden of proof was upon the defendant to
show that the machine or tool was suitable and sufficient. Railroad
Company v. Stewart, 432.

2. Fellow-servants. An employe, as between himself and his employer,
undertakes to run all the ordinary risks of the service, and this in-
cludes the risk of injuries from the negligence of his fellow-servants.
Railroad Company v. Handman, 423.

3. Same. The rule applies where the injury results from the
negligence of another employe who is the immediate superior of
the injured employe, unless the superior servant so far stand in
the place of the master as to be charged, in the particular matter,
with the performance of a duty to the inferior which, under the law,
the master owes to the inferior, or unless the injury is occasioned by
the direct order of the superior in a sudden exigency. Id.

4. Same. Railroads. Where a fireman on a railroad locomotive was
killed by the explosion of the boiler while the engine was standing
on the track ready to start with a train of cars, and the engineer
failed to come thirty minutes before the time of starting as required

EMPLOYER AND EMPLOYE—Continued.

by a rule of the company, it was error to charge the jury that if the
proof satisfied them that the engineer had failed to comply with the
rule, and were further satisfied that his delay was the proximate
cause of the accident, then the plaintiff would be entitled to recover.
Id.

5. Same. Damages. In an action by an employe against the em-
ployer to recover damages for the negligence of the employer in not
having, or keeping in repair the boiler of an engine, if the trial judge
charge the jury in relation to the knowledge of the employer of the
defect, he should in the same connection state the effect of the knowl-
edge of the employe of the same defect; for ordinarily if the knowl
edge or ignorance of the master and servant in respect to the charac-
ter of the machine are equal, so that both are without fault or in
equal fault, the servant cannot recover. Id.

ENTRY-TAKER.

See GRANT.

EQUITABLE ESTATES.

See HOMESTEAD.

EQUITY OF REDEMPTION.

See MORTGAGE,

A grantor may, by a mortgage or trust deed made to secure a debt,
convey to the creditor, by voluntary gift, the equity of redemption
if the land be not redeemed during life, the beneficiary, by reason
of relationship or otherwise, being clearly shown to be an object of
the grantor's bounty. Hester v. Hester. 189.

ESTOPPEL.

See WRIT OF ERROR.

1. Married women and minors. Femes covert and minors cannot be
estopped by refusing to abide by a void agreement which none
of them were competent to make, there being no fraud or deceit;
mere acquiesence, under disability, cannot affect them. Sautelle v.
Carlisle, 391.

2. Title by estoppel. A made deed of conveyance to C, reciting therein
that he had previously conveyed same land to B, who had conveyed
it to C; B had just before given C a statement in writing that he
had given or deeded the land to C. Neither deed was registered, nor
was there any other proof of the existence of either. Held, that B
and A were both estopped to deny title in C, and that C would there-
fore recover in equity against persons not claiming under B, but by
title adverse to his. Howard v. Masseugale, 577.

EVIDENCE.

See PLEADINGS AND PRACTICE; WILLS, FOREIGN; WILL, LOST; FIRE
INSURANCE; PARTNERSHIP; DEED OF GIFT; ATTORNEY; ATTACH-

MENT.

EXECUTION SALE.

Caveat emptor. The rule of caveat emptor applies to a purchaser at execution sale, and if, at the time of sale, the purchaser has actual notice of an equitable right in a third person, especially if possession be held under that right, he will take subject to the equity; and a fortiori if he pay for the purchase by a credit on an antecedent debt. Boro v. Harris, 36.

EXEMPTIONS.

See ROAD LAW.

EXHIBITS.

See CHANCERY PLEADINGS AND PRACTICE.

FEES, PRINTER'S.

Costs.

Where publication of sale of land is ordered to be made in a daily newspaper, the presumption is that the advertisement is intended to appear in each edition of the paper until the day of sale unless otherwise ordered, and under Code, section 2150, printer's fee of 80 cents per square for the first insertion, and 40 cents per square for each subsequent insertion may be collected. Allen v. Kerr, 256.

FELLOW SERVANTS.

See EMPLOYER AND EMPLOYE.

FIRE INSURANCE.

1. Change of risk. Evidence. Custom. In an action on a fire insurance policy issued while the premises were occupied providing that material changes of risk or ownership should be notified to the company, and assented to in writing, the house having burned while unoccupied, it was held not to be error for the court to allow the defendant to prove that there was a general custom of insurance companies doing business at the place where the property was situated, never to take a risk on vacant or unoccupied property. Kirby v. Insurance Company, 340.

2. Cancellation. A fire insurance policy may be cancelled independent of its stipulations by the mutual parol consent of the insured and insurer, although the unearned premiums are not refunded. Id 3. Waiver. A stipulation in a fire insurance policy that in case of cancellation during the life of the policy by the insurer the unearned premium shall be refunded pro rata is for the benefit of the insured, and he may waive it. Id.

FIXTURES.

See REAL ESTATE.

FRAUDULENT CONVEYANCE.

The test as to whether a conveyance is fraudulent or void as to a creditor is: Does it hinder him in enforcing his debt? Does it deprive him of a right which would be legally effective if the conveyance or devise had not been resorted to? Wagner v. Smith, 560.

GAMING HOUSE.

See CONSTITUTIONAL LAW.

GRANT,

Entry-taker. Deputy. An entry-taker is competent to make an entry for his deputy, and an entry made by the deputy in his own name, but under the direction of the principal, would not be void, but only voidable at the instance of another enterer before grant, and not by an enterer and grantee subsequent to the grant. Berry v. Wagner, 591.

GUARDIAN.

See PARTNERSHIP.

GUARDIAN AD LITEM.

See CHANCERY PLEADINGS AND PRACTICE; ADMINISTRATOR. GUARDIAN, GENERAL AND LIMITED.

See CHANCERY JURISDICTION.

GUARDIAN AND WARD.

Pension money received by guardian is for support and maintenance of ward, and when received the guardian must show that he has faithfully applied it to the purposes for which it was designed. A liberal policy may be applied in such cases where the court can see that the fund has been actually appropriated to and received by the ward, but if otherwise appropriated the guardian must respond to the extent he fails to show a proper application of the fund. Hume v. Warters, 554.

HOMESTEAD.

1. Infant children. Infant children occupying the homestead with their surviving parent at his or her death, are entitled to the homestead exemption during their minority, and cannot be deprived thereof either by their own act, or the act of third persons. v. Farrow, 120.

Farrow

2. The homestead right is not a fee simple right, but a right of occupancy for life. Fauver v. Fleenor, 622.

HOMESTEAD-Continued.

3. Right of in equitable estates.

The right of homestead exists in
equitable estates, but all liens acquired before the homestead has
been established must be raised by the claimant of the right of
homestead, or it will be sold to satisfy such liens. Id.

HUSBAND AND WIFE.

See SEPARATE ESTATE.

IMPROVEMENTS.

Who entitled to. Measure of value. Constructive notice by registration
of adverse title will not defeat claim for improvements by party
holding under color of title, without actual knowledge of regis-
tered title. Improver is entitled to full value of betterments at
date of surrender or sale, to be ascertained by report, or to relative
value to be shown by report and sale, at the election of the title
holder. Howard v. Massengale, 577.

INQUISITION.

See LUNATICS.

INSOLVENT CORPORATION.

See ATTORNEY'S FEE.

INSOLVENT ESTATE.

See CHANCERY PLEADINGS AND PRACTICE; ADMINISTRATOR.

INTEREST.

See ADVANCEMENT; BONDS.

Decree of official bond. Appeal. A money decree of the chancery court,
although for the full penalty of an official bond, will carry inter-
est upon affirmance, whichever party appeals. State v. Cole, 367.

JUROR.

When exempt. A party who has regularly served as juror during a
term of the circuit court of Shelby county, cannot be compelled to
serve another term within twelve months (or the time prescribed by
statute), in the 'criminal court of the city and county. The State v.
Godwin, 268.

JURY IN CHANCERY COURT.

See CHANCERY PLEADINGS AND PRACTICE.

LEVY.

See PARTNERSHIP.

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