than the creditor whose debt they were issued to secure, after
which such creditor bought them at a price which was not un-
conscionable, though less than their face value, a director of the
corporation was not, in the absence of fraud or unjust ad-
vantage, precluded from purchasing the creditor's interest in the
bonds at its market value and recovering the face value of the
bonds. Id......
The general authority of the president of a business cor-
poration is sufficient to warrant him in collecting outstanding
accounts and in selling the accounts for their face value. COGAN
v. CONOVER MANUFACTURING CO......
See BILLS AND NOTES, 1, 2; INSOLVENT CORPORATIONS; JUR-
ISDICTION, 2; PROCESS.
COVENANTS-1. Certain deeds of lots which abutted on a road end-
ing in a cul-de-sac referred to the road “laid out across the whole
tract," and contained covenants on which the grantors bound
themselves and their heirs and assigns not to erect or permit to
be erected on the property owned by them adjoining the property
conveyed any house costing less than $5,000, or nearer than forty
feet from the street [road] line.-Held, that such covenants were
personal to the grantees, and did not extend to the benefit of sub-
sequent purchasers of other lots. STEVENS . HEADLEY.................... 533
Where the owner of land lays it out in streets and lots, and
there is a general plan for the improvement of a street by a uni-
form scheme as to the building line, and covenants in relation
thereto are inserted in the deeds of all purchasers, the same may
be enforced by one purchaser against another without proof of
special damages. MORROW v. HASSELMAN......
612
Immaterial violations of the restrictions, not showing an
intention to abandon the plan, are no defence to such action. Id., 612
Where the complainant gave the defendant notice as soon
as it appeared that the latter's building would violate the re-
striction, but the building was completed after suit for an injune-
tion was commenced, complainant is entitled to a mandatory
injunction. Id......
See LANDLORD AND TENANT, 2; REFORMATION OF INSTRU-
MENTS WATERS AND WATER COURSES, 2.
CURTESY--See FORECLOSURE, 1; PARTIES.
DEBTOR AND CREDITOR-See HUSBAND AND WIFE, 1; IN-
SOLVENT CORPORATIONS; JUDGMENT, 1-4, 6; JUDICIAL SALES,
5, 6; MECHANICS' LIENS, 4, 5; MORTGAGES, 2; PARTNERSHIP.
DECREE, FINAL-See BILL OF REVIEW.
DEEDS-1. Where a deed conveyed to complainant a lot fronting
on a highway, it included all land in front of the lot to the centre
of the street, in the absence of a reservation to the contrary,
though the description did not in precise terms include any part
of the street. HESS v. KENNEY...
Where. a deed to certain land abutting on an alleged private
road contained a building restriction prohibiting the erection of
buildings nearer than forty feet to the northwesterly side line of
such road, the deed did not by implication convey any right of
way over that part of the road ending in a cul-de-sac, which was
beyond the property conveyed toward the closed end of the road.
STEVENS v. HEADLEY....
See COVENANTS; REFORMATION OF INSTRUMENTS; TRUSTS AND
TRUSTEES, 1.
DEMURRER-1. A demurrer not confined to the part of a bill on
which no relief can be decreed, but covering the whole bill, is too
broad, and must be overruled if the bill shows one sufficient
ground for relief. COLE v. COLE....
A demurrant may present, ore tenus, an additional ground
of demurrer. ACTON v. SHULTZ...
A bill by a beneficiary under a foreign will, against the
executrix and trustee thereunder, alleging that the latter has not
accounted for the estate in the foreign jurisdiction, but has re-
moved the assets to this state and used them (with other
moneys) in the purchase of real estate which she caused to be
conveyed to her children, they having knowledge of such use of
the assets, and seeking an accounting of the assets, and a charge
upon such real estate, is not open to demurrer. HOLZER V.
THOMAS
The bill further alleging that the same defendant was also
executrix and trustee under a will of a resident of this state (in
which complainant was interested), and had never properly ac-
counted for the assets thereof, but had mingled them with the
assets derived from the foreign estate above referred to, and used
them in the purchase of said real estate, and seeking an account-
ing and relief as to such real estate-Held, not open to a de-
murrer for misjoinder of causes of action, the two separate
accountings sought being essential and necessary to the main
relief prayed against the real estate thus acquired from the
mingled assets. Id......
While unexplained laches appearing on the face of the bill
is good ground of demurrer-Held, that the allegations of this
bill, if proved, will explain the long delay apparent on the face
of the bill. Id......
Where the demurrant, by a misstatement of the allegations
of the bill demurred to, introduces a new statement of facts into
the record, and, on the facts thus brought in by himself, demurs
to the bill, his pleading is a speaking demurrer, and cannot be
sustained. IVINS v. JACOB...
See PARTIES; PARTITION, 3, 4; PRACTICE, 1.
DISCOVERY-See ATTORNEY AND CLIENT; JURISDICTION, 4.
DISTRIBUTION-1. The statute of distributions having been
amended by the repeal of the proviso limiting representation
among collaterals to the children of deceased brothers and sisters
-Held, that the words "and in case there be no child, then to
the next of kindred of equal degree of or unto the intestate and
their legal representatives as aforesaid," are to be read in con-
nection with a prior clause in the act which directs distribution
to the next of kindred "in equal degrees or legally representing
their stocks," and that in the distribution of personal property
among collaterals representation is limited to the descendants of
the stock represented by the surviving next of kin; that if some
first cousins are living, being the only next of kin, they constitute
the stock entitled to representation, and there being no great-
uncles or great-aunts living, first cousins and the representatives
of deceased persons of that class take to the exclusion of the
descendants of the deceased great-uncles or great-aunts. SMITH
v. MCDONALD....
The stock entitled to representation are the descendants of
the first ancestor in the ascending line common to the intestate,
and all the surviving next of kin, the next of kin being of equal
degree, taking per capita, and descendants of deceased members
of the class, as representing their stock. Id................
DIVORCE-1. The jurisdiction of the court of chancery to decree
the annulment of a marriage on the ground of fraud is confined
to cases of fraud which affect the essentials of marriage, and will
not be exercised if a decree of annulment will violate public
policy. BOEHS v. HANGER...
The parties to this suit were legally married and lived
together as husband and wife for about one year, when com-
plainant left defendant because he failed to support her. Before
the marriage defendant falsely stated to complainant and to the
justice of the peace who performed the ceremony that he had
never been previously married. In fact, he had been married
previously and had been divorced from his wife, who was still
living.-Held, that the false statement did not affect any essen-
tial of marriage, for the parties were competent to marry; their
cohabitation, when married, was within the law, and children,
if begotten of the marriage, would be legitimate. Id........... 10
Complainant is a member of a church, one of the tenets of
which is that a marriage cannot be dissolved except by the death
of one of the contracting parties, and that a marriage with a
divorced person, the other party to the divorce being yet living,
is invalid and cohabitation therein is sin.-Held, that although
complainant may have been misled by the false statement and
induced to infer that defendant could not be a divorced person,
the marriage, being valid by the law of the land, should not be
annulled because it is claimed to be invalid by the law of a
church. Id......
The jurisdiction of the court of chancery to annul a mar-
riage for duress is not derived from the divorce statute nor
limited by its terms as to residence, &c., but is based on the
inherent and general jurisdiction of that court over questions
arising out of contract. AVAKIAN V. AVAKIAN...
The court of chancery of New Jersey has jurisdiction to
annul on the ground of duress a marriage solemnized in England
between a resident of Massachusetts and an Armenian who at
the time the marriage was performed was on her way to New
Jersey to take up her residence there, where the bill was brought
by the latter after having resided a short time in New Jersey,
and personal service within the state was had on the defendant.
Id.
Evidence held to show that a marriage contract between
an Armenian girl fourteen years of age and another Armenian
fifty-five years of age, and devoid of physical or other attractions,
solemnized in a strange country, where the girl was without
friends or money, was procured through duress of the man prac-
ticed on the girl. Id......
Subsequent cohabitation does not validate a contract of
marriage entered into through duress, where it is submitted to
while the duress is still operative, especially in the absence of
issue. Id.......
In a suit for divorce from bed and board, a motion for leave
to file a cross-bill charging adultery, and praying for an absolute
divorce, made more than six months after issue joined, and after
final hearing had been moved and a witness sworn for com-
plainant, should be denied, where adultery was not pleaded as a
recriminatory charge to the bill or supplemental bill, and no
facts were shown excusing the delay in presenting the cross-bill.
COSTELL v. COSTELL...
Where a husband has lost his affection for his wife and has
conceived a hatred for her, and there is no probability that his
feelings will ever soften, and their further association as husband
and wife might be dangerous, a permanent severance from bed
and board will be awarded the wife on proof of his extreme
cruelty to her. Id...
Petitioner, a resident of New York, where she was em-
ployed, and also where her mother resided, was deserted by her
husband there in 1891. She continued to live in New York for
eleven years, when she went to New Jersey, and boarded with a
friend of her mother's; retaining her position in New York, and
living in New Jersey at night; spending her Sundays and holi-
days with her mother, in New York. She testified that she had
endeavored unsuccessfully to induce her mother to move to New
Jersey, and that she did not come to New Jersey for the purpose
of obtaining a divorce, but to be nearer her work. There was no
evidence that she had made any friends or acquaintances in New
Jersey during her two years' residence, on the expiration of
which she brought suit for divorce on the ground of desertion,
which she could not have obtained in New York.-Held, insuffi-
cient to establish that petitioner was a bona fide resident of the
state, sufficient to entitle her to a decree. MASON v. MASON.... 292
Petitioner and defendant were married, and lived together
in a hotel for two or three days, when they separated, and she
went to her own home and he to his former residence. The evi-
dence justified the conclusion that the separation was voluntary,
and that they had not made a provision for or expected to estab-
lish a matrimonial abode. Afterward petitioner met defendant
and demanded that he should support her or make a home for
her.-Held, that, in the absence of proof of his ability, his refusal
would not establish willful desertion. CORSON v. CORSON...... 513
At the demand for support, the defendant uttered threats
and did acts of violence toward petitioner.--Held, that his mis-
conduct in this respect did not make out willful desertion. Id.. 513
Defendant, upon leaving her husband, left a letter to him
disclosing that her leaving was caused by difficulties between her
and petitioner's mother and the subsequent conduct of petitioner.
The letter gave him permission to come and see her, and was
expressed affectionately.-Held, that it was the husband's duty,
under those circumstances, to seek his wife and urge a reconcilia-
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