The Southwestern Reporter

351 (Tex.Civ.App.) Special issues, which the court refused to submit to the jury, held to relate to evidentiary matters and to be covered by the issues submitted.-King County v. Martin, 173 S. W. 960.

59 (Ky.) Agreement held to create a revocable trust.-Lee v. Belknap, 173 S. W. 1129.

(B) Resulting Trusts.

6334 (Tex.Civ.App.) Where plaintiff quested defendant to purchase a residence and sell it to him on installments, and defendant bought in the property for himself, no resulting trust arose.-Wade v. Cohen, 173 S. W. 1165.

355 (Tex.Civ.App.) In action for damages to shipment, special finding as to its value, with no finding as to unpaid freight charges, held insufficient to support a judgment for plaintiff. St. Louis, B. & M. Ry. Co. v. Mc-89 (Ark.) Evidence held insufficient to show Clellan, 173 S. W. 258.

358 (Tex.Civ.App.) Where the findings made were conflicting and on certain material issues the jury were unable to agree, they did not authorize a judgment.-Wright v. Chandler, 173 S. W. 1173.

X. TRIAL BY COURT. (B) Findings of Fact and Conclusions of Law.

392 (Tex.Civ.App.) Plaintiff's request for the filing of conclusions of law and fact, not made until after the overruling of her motion for new trial, held waived.-Overton v. Colored Knights of Pythias, 173 S. W. 472.

403 (Tex.Civ.App.) The findings of fact and conclusions of law filed by the trial court more than 10 days after the adjournment of the term are a nullity.-Bliss v. San Antonio School Board, 173 S. W. 1176.

XI. WAIVER AND CORRECTION OF IRREGULARITIES AND ERRORS. 418 (Mo.App.) Defendants, having demurred to the evidence at the close of plaintiff's evidence and at the close of all the evidence, did not waive a variance by joining in the submission of the case after the demurrers were overruled.-George Gifford Co. v. Willman, 173

S. W. 53.

TROVER AND CONVERSION.

See Justices of the Peace, 43.

II. ACTIONS.

(D) Damages.

44 (Ark.) The measure of damages for the conversion of standing timber is the value of the timber at the time and place of the conver sion; but, if done in bad faith, the enhanced value of the timber may also be recovered.Bradley Lumber Co. v. Hamilton, 173 S. W. 848.

53 (Ark.) Where timber was cut and converted before November, 1909, interest may be allowed from that time, for the damages were then reasonably ascertainable by reference to the market value.--Bradley Lumber Co. v. Hamilton, 173 S. W. 848.

TRUANT OFFICERS.

See Schools and School Districts, 161.
TRUST DEEDS.

See Mortgages.

TRUSTS.

See Appeal and Error, 69; Assignments for Benefit of Creditors; Attorney and Client, 125; Corporations, 170, 228, 240; Garnishment, 32, 58; Insurance, 773; Receivers, 84; Wills, 693.

1. CREATION, EXISTENCE, AND VALIDITY.

(A) Express Trusts.

44 (Mo.) Evidence held to sustain a finding that a son obtaining a conveyance from his parents reconveyed to the father, so that a subsequent declaration of trust by the son was in

a resulting trust.-Steward v. Hackler, 173 S. W. 425. The evidence must be clear, satisfactory, and convincing to establish a resulting trust.-Id.

97 (Ky.) A constructive trust, which may be shown by parol, is created, where one induces a devise to be made to her by a promise as to what she will do with the property.-Taylor V. Fox's Ex'rs, 173 S. W. 154.

101 (Ky.) Constructive trust held to arise from furnishing money for payment of consideration for a deed fraudulently taken in the name of a third person, independently of Ky. St. § 2353.-Foushee v. Foushee, 173 S. W. 1115.

102 (Ky.) A grantee in violation of a trust becomes a constructive trustee, if knowing of the trust, though there be consideration for the deed.-Taylor v. Fox's Ex'rs, 173 S. W. 154.

103 (Ky.) Where a husband and wife conveyed certain land to their daughter in consideration of support for life, the husband. after the wife's death, in the absence of breach of contract by the daughter, could not have her declared a trustee of the land.-Walker v. Maddox, 173 S. W. 137.

110 (Ky.) Evidence of declarations held insufficient to establish, by the necessary certain and undoubted testimony, a trust on the theory of a devise induced by promise of the devisee as to her disposition of the property.Taylor v. Fox's Ex'rs, 173 S. W. 154.

110 (Ky.) Evidence held insufficient to show that a deed made to a husband on considera

tion paid by husband and wife was taken in his name without her consent.-Foushee v. Foushee, 173 S. W. 1115.

IV. MANAGEMENT AND DISPOSAL OF TRUST PROPERTY.

191 (Tex.Civ.App.) Where town-site owners conveyed to trustees certificates to be issued to represent the land, and sold for the owners, purchasers to form a joint-stock company, that the trustees conveyed to the directors of the company did not preclude their further sale of certificates.-Yeaman v. Galveston City Co., 173 S. W. 489.

VII. ESTABLISHMENT AND EN-
FORCEMENT OF TRUST.

371 (Ky.) The answer, in suit to avoid a deed as in fraud of the grantor's trust, not alleging want of notice, but merely consideration, does not present the defense of bona fide purchaser.-Taylor v. Fox's Ex'rs, 173 S. W. 154.

374 (Ky.) Where parents conveyed property to their daughter for support, and the surviving parent left the daughter's home without cause, the court properly allowed him $100 a year for support on refusing to declare a trust of the property.-Walker v. Maddox, 173 S. W. 137.

TURNPIKES AND TOLL ROADS. See Statutes, 123.

II. REGULATION AND USE FOR

TRAVEL.

41 (Ky.) Automobile used in place of stage

"stage coach," within Ky. St. § 4724, relative
to tolls on toll roads.-Burton v. Monticello &
Burnside Turnpike Co., 173 S. W. 144.

ULTRA VIRES.

See Banks and Banking, 101.

UNDUE INFLUENCE.

See Husband and Wife, 34; Mortgages,
319.

USE AND OCCUPATION.

(Mo.App.) Where there was no contract
for the payment of rent, an action for the use
and occupation of land under Rev. St. 1909, §
7886, must fail.-Bracht v. Johnson, 173 S. W.
692.

VACATION.

See Judgment, 371.

VENDOR AND PURCHASER.

See Appeal and Error, 50; Brokers; Cor-
porations, 428, 590; Election of Reme-
dies, 3; Frauds, Statute of. 74, 158;
Fraudulent Conveyances, 241; Home-
stead, 115, 129; Husband and Wife,
273; Limitation of Actions, 167; Public
Lands, 143, 176; Sales; Set-off and
Counterclaim, 29; Specific Performance,
117; Subrogation, 23.

I. REQUISITES AND VALIDITY OF
CONTRACT.

43 (Tex.Civ.App.) That a sale was induced
by the purchaser's fraud does not render it ipso
facto void, and the vendor may thereafter affirm
it.-King County v. Martin, 173 S. W. 960.

44 (Ky.) Evidence, in a suit involving ex-
istence of a contract of sale of land, held to sus-
tain a finding that it was canceled by agreement.
-Kirk v. Kirk, 173 S. W. 755.

III. MODIFICATION OR RESCISSION
OF CONTRACT.

(B) Rescission by Vendor.

95 (Tex.) Retention of liquidated damages
by vendors of real property on breach of the
contract by purchasers held to preclude them
from rescinding the contract for such breach.--
O'Neal v. Bush & Tillar, 173 S. W. 869.

V. RIGHTS AND LIABILITIES OF
PARTIES.

(A) As to Each Other.

193 (Ark.) The owner of the equitable title
to land purchased from the state may remove
the timber without liability to the owner of the
naked legal title.-Sorrells v. Warnock, 173 S.
W. 417.

208 (Tex.) Vendors in negotiating resale of
property after default in payment by purchasers
held agents of such purchasers and to owe them
the agent's duty of not retaining profits of the
agency.-O'Neal v. Bush & Tillar, 173 S. W.

869.

The vendor of land with a reservation of lien
to secure purchase money holds the legal title
thereto, and may pass the purchasers' equitable
title, with the latter's consent, by conveyance
of his own legal title.-Id.

236 (Tex.Civ.App.) Unless one has paid a
valuable consideration, he cannot question an
unrecorded conveyance, under Rev. St. 1911,
art. 6824, as a bona fide purchaser.-Gossett
v. Vaughan, 173 S. W. 933.

239 (Tex.) The equity of an innocent pur-
chaser cannot be asserted without the owner-
ship of the legal title, but a bona fide pur-
chaser may defend against an equitable inter-
est.-Hennessy v. Blair, 173 S. W. 871.

VI. REMEDIES OF VENDOR.
(A) Lien and Recovery of Land.
253 (Tex.Civ.App.) A vendor's lien recited
in a note given in return for a deed held enforce-
able as being an integral part of the only trans-
action whereby plaintiff could claim title to
the land.-Page v. Vaughan, 173 S. W. 541.

296 (Ky.) Under a contract of sale, held,
that the vendor did not become liable in dam-
ages because she availed herself of her contract
right to treat the purchaser after default as a
tenant in possession and to repossess herself of
the premises.-Ackerson v. Semple, 173 S. W.
1153.

VENUE.

Agreement of vendors with defaulting pur-
chasers that they would act as agents of the I. NATURE OR SUBJECT OF ACTION.
purchasers in selling to other parties held a 14 (Tex.Civ.App.) A suit to rescind for
waiver of vendors' right to rescind and to re-
tain liquidated damages previously paid.-Id.

98 (Tex.Civ.App.) The allegations of a pe-
ition in equity which were not denied, and
therefore to be taken as true under Acts 33d
Leg. c. 127, § 4, held not to show that a pur-
chaser was entitled to a return of the part of
the price paid as a condition of the rescission
of the contract by the vendor.-Moore v. First
State Bank of Teague, 173 S. W. 231.

101 (Tex.Civ.App.) Where a purchaser has
partly performed his contract, the vendor must
give him reasonable notice of his intent to re-
scind for nonperformance.-Moore V. First
State Bank of Teague, 173 S. W. 231.

IV. PERFORMANCE OF CONTRACT.
(C) Quantity of Land and Appurtenances.
165 (Tex.) Where the grantor, who by mis-
take had conveyed only 1.35 acres of the 1%
acres sold, caused to be laid out 1% acres, the
grantee, having accepted, became the legal own-
er of 1.35 acres and the equitable owner of the
remainder.---Gilmore v. O'Neil, 173 S. W. 203.

fraud a contract for the exchange of stock held
properly brought in the county where the fraud-
ulent representations were made.-Continental
Trust Co. v. Cowart, 173 S. W. 588.

II. DOMICILE OR RESIDENCE OF
PARTIES.

22 (Mo.App.) A petition held to state a
cause of action upon a bond guaranteeing a
lease signed by the lessee and another, so that
they could be jointly sued, under Rev. St. 1909,
§ 1751, in the county in which either resided.-
London v. Funsch, 173 S. W. 88.

22 (Tex.Civ.App.) Under Vernon's Sayles'
Ann. Civ, St. 1914, art. 1830, subd. 4, held,
that payee and owner of draft drawn by defend-
ant residing in H. county, and guaranteed by
resided, might sue thereon in T. county.-Har-
party residing in T. county, where plaintiff also
per v. Winfield State Bank, 173 S. W. 627.

32 (Tex.Civ.App.) The right of defendant to
be sued in the county of his residence, though
a valuable right, is only a personal privilege
which may be waived.-Wade v. Crump, 173 S.
W. 538.

OF TRIAL.

III. CHANGE OF VENUE OR PLACE | eration of services performed or to be performed, a recovery may be had by the child on proving performance and failure to make the devise or legacy.-Sturgeon's Adm'r v. McCorkle, 173

70 (Ark.) Court held not to have erred in denying change of venue for local prejudice, where the knowledge of the witnesses was not very definite, and the evidence was not such as to require the court to accept it as conclusive.E. O. Barnett Bros. v. Gentry, 173 S. W. 424.

VERDICT.

See Criminal Law, 881, 884, 1159, 1175;
Trial, 3211⁄2-358.

VERIFICATION.

See Executors and Administrators, 227.

VESTED REMAINDERS.

See Wills, 634.

WAIVER.

See Appeal and Error, 193, 301, 715, 765; Contracts, 262; Courts, 37; Frauds, Statute of, 144; Insurance, 558, 755; Jury, 29; Landlord and Tenant, 254; Logs and Logging, 3; Mechanics' Liens, 209; Municipal Corporations, 814; Pleading, 403-428; Sales, 477; Stipulations, 3; Trial, 181, 392; Vendor and Purchaser, 95; Venue, 32.

WARNING ORDER.

See Process, 47.

WARRANT.

See Clerks of Courts, 74; Extradition, 36.

WARRANTY.

See Sales, 267, 287.

WASTE.

See Injunction, 52.

WATER-CLOSETS.

See Railroads, 226, 254.

WATERS AND WATER COURSES. See Fraudulent Conveyances, 241; Landlord and Tenant, 192; Municipal Corporations, 394; Navigable Waters.

WEAPONS.

See Homicide, 145.

S. W. 149.

IV. REQUISITES AND VALIDITY. (C) Execution.

1 (Ky.) Where a will completely filled a page of legal cap, and the testator's signature was in the margin, held that, under Ky. St. §§ 468, 4828, the document was valid, despite a space above the signature.-Graham v. Edwards, 173 S. W. 127.

(D) Holographic Wills.

133 (Ky.) A Holographic will held signed at the end within the purview of Ky. St. $$ 468, 4828.-Graham v. Edwards, 173 S. W. 127. V. PROBATE, ESTABLISHMENT, AND ANNULMENT.

(K) Review.

400 (Ky.) In a will contest exclusion as a witness of devisee claimed to have exercised undue influence held prejudicial.-Cowan v. Dillon, 173 S. W. 1160.

VI. CONSTRUCTION.

(A) General Rules.

440 (Ark.) In construing a will, effect must be given to what appears to be the intention of the testator, in view of all the provisions of the will.-Cook v. Worthington, 173 S. W. 395.

459 (Ark.) To effectuate the intent of a testator, the court can correct an obvious clerical error, transpose different parts of the instrument, or supply obviously missing words, but it cannot conjecture the testator's intent. -Cook v. Worthington, 173 S. W. 395.

487 (Ark.) The intention of a testator must be gathered from the language of the will when unambiguous, and not from oral testimony.Cook v. Worthington, 173 S. W. 395.

(B) Designation of Devisees and Lega-
tees and Their Respective Shares.
493 (Ark.) Purported will, which, after giv
ing three specific bequests, gave to three others
to share and share alike, without stating the
Cook v. Worthington, 173 S. W. 395.
amount to be shared, is void for uncertainty.—

(E) Nature of Estates and Interests Cre-
ated.

590 (Tex.Civ.App.) A devise of the use and occupation of land passes an estate therein not confined to the devisee's personal use unless the context requires it.-Johnson v. Goldstein, 173

S. W. 458.

(Tex.Cr.App.) Defendant held not within the definition of "traveler," as fixed by the statute relating to the unlawful carrying of weapons.-Younger v. State, 173 S. W. 1039. 17 (Tex.Cr.App.) In a prosecution for un-614 (Tex.Civ.App.) Will construed, and held lawfully carrying a pistol, instruction held to to vest in testatrix's stepson an estate for life sufficiently submit the issue as to whether de- in her homestead not confined to his personal fendant was a traveler.-Younger v. State, 173 se, so that on his abandonment of the property as a home it was subject to his debts.-Johnson v. Goldstein, 173 S. W. 458.

S. W. 1039.

WILLS.

See Adverse Possession, 91; Descent and
Distribution; Estoppel, 90; Executors
and Administrators; Partition, 12; Per-
petuities; Trusts.

III. CONTRACTS TO DEVISE OR BE-
QUEATH.

58 (Ky.) Evidence held to justify a finding of an agreement by a father to give to an adult daughter a child's share in his estate for services to be performed.-Sturgeon's Adm'r v. McCorkle, 173 S. W. 149.

68 (Ky.) Where a father contracts to make

(F) Vested or Contingent Estates and Interests.

634 (Ky.) A devise on death of life tenants to the "children" of a certain person, including those thereafter born, held a vested remainder. -Williamson v. Maynard, 173 S. W. 122.

(H) Estates in Trust and Powers. 693 (Ky.) Where a testator gave all his property to his wife to hold at her disposal during her natural life, and gave directions for disposition of any remainder, the wife could sell the property and pass her title.-Davis v.

VII. RIGHTS AND LIABILITIES OF
DEVISEES AND LEGATEES.

(D) Election.

granting of letters of administration.-Chandler
v. Hedrick, 173 S. W. 93.

171 (Ky.) Testimony by the son of the
782 (Ark.) Under Kirby's Dig. §§ 2711, payee of a note that it was assigned to defend-
2712, a widow had the right to an election to ant's intestate as collateral for the son's debt
accept a devise or bequest whether or not made is against the son's interest, and therefore ad-
by the terms of the will in lieu of dower.missible, under Civ. Code Prac. § 606.-Wins-
ton's Adm'r v. Spinks, 173 S. W. 753.
Jameson v. Jameson, 173 S. W. 851.

801 (Ark.) A widow electing not to take |
under a will held entitled to allowances made
by Kirby's Dig. $$ 3, 72, 74, in addition to
dower.-Jameson v. Jameson, 173 S. W. 851.

191 (Ark.) Where letters written by accus-
ed. charged with bigamy, to his first wife, were
voluntarily delivered by her to a third person,
who turned them over to the prosecution, the
letters were competent against accused.-Mc-
Neill v. State, 173 S. W. S26, 1200.

Where accused, on trial for bigamy, asserted
that he had not previously contracted marriage,
letters written by him to his prior wife held
admissible.-Id.

Where only the fact of marriage is involved,
the privilege is not violated by the mere in-
troduction of letters containing admissions as
to marriage.-Id.

205 (Tex.Civ.App.) Communications by an
injured person to an attorney employed to get
a settlement from the railroad company held
not confidential.-Texas & P. Ry. Co. v. Spann,
173 S. W. 600.

III. EXAMINATION.

(A) Taking Testimony in General.
240 (Tex.Cr.App.) A leading question is
one which may be answered in the affirmative
or negative, and suggests the desired answer in
a matter material to the issue.-Hill v. State,
173 S. W. 1022.

255 (Mo.App.) Where a witness testifying
to a mistake in a deed was handed an uncerti-
fied copy of the recorded instrument which was
shown to be correct, it amounted to no more
than hypothetically stating the facts shown by
the deed itself.-Dunavant v. Pemiscot Land &
Cooperage Co., 173 S. W. 747.

255 (Tex.Cr.App.) Prosecuting attorney, in
examining a witness, held properly permitted to
read to him his testimony on preliminary hear-
ing to refresh his memory.-Perryman v. State,
173 S. W. 1195.

(B) Cross-Examination and Re-Examina-

tion.

(C) Testimony of Parties or Persons In-
terested, for or against Representa-2822 (Mo.App.) Despite Rev. St, 1909, §
tives, Survivors, or Successors in Title

or Interest of Persons Deceased or In-
competent.

129 (Tex.) An action by surviving widow
and sole heir is within Rev. St. 1911, art. 3690,
and defendants cannot testify as to payments to
deceased, though the widow be entitled to one-
half the property sued for as survivor.-Spencer
- v. Schell, 173 S. W. 867.

6383, the repetition of a question to defendant,
in an assault case, whether he had not before
been convicted of an assault on a little girl,
held error.-Parris v. Crutcher, 173 S. W.
1080.

IV. CREDIBILITY, IMPEACHMENT,
CONTRADICTION, AND COR-

ROBORATION.

(A) In General.

139 (Ky.) Under express provision of Civ.
Code Prac. § 606, a widow was incompetent to
testify as to conversations and agreements with 321 (Mo.App.) Plaintiff who was run down
her deceased husband prior to, or simultaneous by a train held bound by engineer's testimony
with, the execution of their antenuptial con- as to how far away plaintiff could be distin-
tract.-Gaines v. Gaines' Adm'r, 173 S. W. 774. guished as a human being; he having called
141 (Ky.) Under Civ. Code Prac. § 606, an
such engineer as a witness.-Wells v. Lusk, 173
agent may testify, on behalf of his principal, S. W. 750.
as to transactions between the agent and a de-
ceased person.-Winston's Adm'r v. Spinks, 173
S. W. 753.

159 (Ky.) Under Civ. Code Prac. § 606,
subsecs. 1, 2, a wife held incompetent to testi-
fy to an agreement that a deed made to her
husband was to have been made to herself and
husband jointly.-Foushee v. Foushee, 173 S.
W. 1115.

(B) Character and Conduct of Witness.

337 (Mo.) Where accused took the stand,
but offered no evidence as to his reputation for
peace and quiet, the state cannot attack such
reputation.-State v. Shuster, 173 S. W. 1049.

343 (Ky.) On trial about one year after
witness moved from L., his reputation while
living in L. held admissible.-North River Ins.
Co. v. Dyche, 173 S. W. 784.

168 (Mo.App.) One accused of withholding
assets from an administrator, while incompe- 358 (Tex.Cr.App.) Where a witness on di-
tent to testify to transactions with deceased, rect examination testified that he knew a per-
may testify to transactions occurring after the son's general reputation, and that it was good,

(D) Inconsistent Statements by Witness. 379 (Ky.) A statement by accused that he was compelled to kill decedent because the latter had fired twice at a relative held admissible to contradict his testimony.-Miller v. Commonwealth, 173 S. W. 761.

380 (Ky.) Where accused denied making a statement to a third person, the third person could testify to the statement to impeach_accused.-Miller v. Commonwealth, 173 S. W. 761.

391 (Tex.Civ.App.) Testimony as to statements made by a witness, offered to impeach his testimony, is not objectionable as hearsay. Texas & P. Ry. Co. v. Spann, 173 S. W.

600.

392 (Tex.Civ.App.) A letter by claimant's attorney, stating the facts as different from those testified to by claimant at the trial, is inadmissible to impeach claimant's testimony.Texas & P. Ry. Co. v. Spann, 172 S. W. 600.

WORDS AND PHRASES.

"Actionable negligence." Welch v. Louisville & N. R. Co. (Ky.) 173 S. W. 338. "Adultery."-Strauss v. State (Tex.Cr.App.) 173 S. W. 663.

"Adverse

possession."-Stevens V. Pedregon (Tex.) 173 S. W. 210. "Apparent."-Stephenville, N. & S. T. Ry. Co. v. Wheat (Tex. Civ. App.) 173 S. W. 974. "Appliance."-Cincinnati, N. O. & T. P. Ry. Co. v. Goldston (Ky.) 173 S. W. 161. "Assets."-Combs v. Combs (Tenn.) 173 S. W.

441.

"Assumption of risk."-Burt v. Nichols (Mo.) 173 S. W. 681.

"Bill of particulars."-Clary v. Commonwealth (Ky.) 173 S. W. 171.

"Burglary in second degree."-State v. Burns (Mo.) 173 S. W. 1070. "Charter."-Ryan v. Witt (Tex. Civ. App.) 173 S. W. 952.

"Circumstances amounting to a fraud."-Bank of Polk v. Wood (Mo. App.) 173 S. W. 1093.

"Collateral attack."-Baker v. Baker, Eccles & Co. (Ky.) 173 S. W. 109. "Commitment."-Lynch

V. Jackson County (Tenn.) 173 S. W. 440. "Common carrier."-Trinity & B. V. Ry. Co. v. Empire Express Co. (Tex. Civ. App.) 173 S. W. 217.

"Confession."-McCall Co. v. Smith (Ark.) 173 S. W. 845.

"Consent."-McCall Co. v. Smith (Ark.) 173 S.

W. 845.

"Contrary to law."-St. Paul Fire & Marine Ins. Co. of St. Paul, Minn., v. Kendle (Ky.) 173 S. W. 373.

"Counterclaim."-Avent v. Ormand (Tex. Civ. App.) 173 S. W. 239. "County."-King County v. Martin (Tex. Civ. App.) 173 S. W. 960. "Default."-Walsh

V. Methodist Episcopal Church South, of Paducah (Tex. Civ. App.) 173 S. W. 241. "Defective title."-Bank of Polk v. Wood (Mo. App.) 173 S. W. 1093. "Depot."-State v. Texas & P. Ry. Co. (Tex. Civ. App.) 173 S. W. 900.

"Destruction by water."-Morey v. Feltz (Mo. App.) 173 S. W. 82. "Disregard."-State v. Long (Mo. App.) 173 S. W. 722.

"Domicile."-State, to Use of Knox County Collector, v. Bunce (Mo. App.) 173 S. W. 101. "Doze."-St. Paul Fire & Marine Ins. Co. of St. Paul, Minn., v. Kendle (Ky.) 173 S. W. 373. "Employment, profession, or trade."-Smallwood v. York (Ky.) 173 S. W. 380.

173 S. W. 821.

"Equitable waste."-O'Kane v. O'Kane (Ark.) "Error apparent of record."-Stephenville, N. & S. T. Ry. Co. v. Wheat (Tex. Civ. App.) 173 S. W. 974. "Family."-Finn v. Eminent Household of Columbia Woodmen (Ky.) 173 S. W. 349. "Fixture."-Hickman v. Booth (Tenn.) 173 S. W. 438. "Fornication."-Strauss v. State (Tex. Cr. App.) 173 S. W. 663.

"Franchise."-State v. County Club (Tex. Civ. App.) 173 S. W. 570.

"Fugitive from justice."-Ex parte McDaniel (Tex. Cr. App.) 173 S. W. 1018. "Future suffering."-Louisville & N. R. Co. v. Stewart (Ky.) 173 S. W. 757. "Grand larceny."-State v. Burns (Mo.) 173 S. W. 1070.

"Gross indifference."-Houston Chronicle Pub. Co. v. McDavid (Tex. Civ. App.) 173 S. W. "Heirs."-Lee v. Belknap (Ky.) 173 S. W. 1129. 467. "Inhabitant."-State, to Use of Knox County Collector, v. Bunce (Mo. App.) 173 S. W. 101.

"Inspect."-Von Rosenberg v. Lovett (Tex. Civ. "Insufficiency of clearance of obstructions."— App.) 173 S. W. 508. Kansas City & M. Ry. Co. v. Huff (Ark.) 173 S. W. 419.

"Interstate commerce."-St. Louis Southwestern Ry. Co. v. Anderson (Ark.) 173 S. W. 834; Maury-Cole Co. v. Lockhart Grocery Co. (Tex. Civ. App.) 173 S. W. 262. "Involuntary nonsuit."-Scott v. American Zinc, Lead & Smelting Co. (Mo. App.) 173 S. W. "Judicial proceeding."-Houston Chronicle Pub. 23. Co. v. McDavid (Tex. Civ. App.) 173 S. W. 467.

"Kep." Myers v. Colquitt (Tex. Civ. App.)

173 S. W. 993.

"Law."-Ex parte Siegel (Mo.) 173 S. W. 1. "Leading question."-Hill v. State (Tex. Cr. App.) 173 S. W. 1022.

"Legal representative."-Wright v. Grand Lodge K. P., Colored (Tex. Civ. App.) 173 S. W. 270.

"Legal residence."-Baker v. Baker, Eccles & Co. (Ky.) 173 S. W. 109. "Legitimate child."-Cooper v. McCoy (Ark.) 173 S. W. 412.

"Manufacturing, mechanical, and other establishments."-Sanders v. Quercus Lumber Co. (Mo. App.) 173 S. W. 740. "Murder in first degree."-King v. State (Ark.) 173 S. W. 852.

"Murder in second degree."-King v. State

(Ark.) 173 S. W. 852.

"Officer."."-Commonwealth v. Columbia Trust Co. (Ky.) 173 S. W. 386.

"Official act."-Myers v. Colquitt (Tex. Civ. App.) 173 S. W. 993. "Official proceeding."-Houston Chronicle Pub. Co. v. McDavid (Tex. Civ. App.) 173 S. W. 467.

"Old line policy."-McPike v. Supreme Ruling of the Fraternal Mystic Circle (Mo. App.) 173 S. W. 71.

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