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SLANDER-Malicious Prosecution-Same cause of action-Practice.
See PRACTICE.

SPURIOUS STOCK, Issue of--Burden of Proof-Evidence-Corpo-
ration
See EVIDENGE. i.

STATE PRISON AGENT, Powers of-Debts against State-Set-off.
See SET-OFF.

STATUTE OF FRAUDS Trustee.] A party purchasing and
taking title to property under an agreement to hold the same for
the benefit of the party employing him thus to purchase and
hold, cannot avail himself of the provisions of the statute for the
prevention of frauds, to perpetrate a fraud by holding the same for
his own benefit.

He becomes a trustee and holds for the benefit of the party under his agreement.

110.]

SANFORD V. NORRIS

LIMITATIONS

Administrator's power, Code, §

A payment upon a note of the intestate barred by the Statute of Limitations during his lifetime, by his administrator, does not take the same from under the statute.

The administrator has no authority to bind the estate by any such implied or express promise.

MCLAREN v. McMARTIN

Equity

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See EQUITY.

USES AND TRUSTS-Personal Property.] The

Statute of Uses and Trusts respecting lands, does not apply to
trusts created in respect to personal property.

BROWN V. VAUGHAN

2 R. S., 114, § 9

348

22

SEE EQUITY.

STOCK, BANK, Assessment on-No Reduction for debts-Laws

1866, Chap. 761

See ASSESSMENT.

SPURIOUS, Issue of- Burden of Proof- Evidence-Cor

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STREET, LEAVING POST-HOLES IN, open at night—Negligence 263

See NEGLIGENCE.

2.

LOTS SOLD BY MAP are bounded by Centre of.
See LOTS.

OPENINGS-Commissioners' Report· Conclusive when?]
The report of the commissioners appointed by the Supreme Court
to assess damages, &c., sustained by persons whose lands have
been taken for purpose of streets in the city of New York, when
confirmed by the Supreme Court, is conclusive, and no appeal
lies from such determination.

KING V. MAYOR OF NEW YORK.

SUFFICIENT NOTICE to Endorser of Promissory Note, What
See PROMISSORY NOTE.

2.

SUSPENSION OF INSURANCE to secure Bottomry Loan

See INSURANCE.

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SUPREME COURT, POWERS OF-Appeal-Referees-Laying out
Highway

See LAYING OUT HIGHWAY.

SURETIES NOT RELEASED by addition to Fund in charge of Commissioners

See ADDITION TO FUND.

TAXATION OF COSTS-Mandamus-Correction of Case-Appeal
See APPEAL.

5.

TAX-PAYERS, TOWN, ASSENT OF, to Bonds-Laws 1852, Ch. 375
See ASSENT.

TAX-SALES OF LAND-Invalid if Information refused.] Where land
has been sold for taxes, and the public officer refuses to do his duty
in giving the party the necessary information to enable him to re-
deem-and thereby redemption is prevented-the deed of such
officer will convey no title to the purchaser.

But if such officer has already given the necessary information by furnishing a bill of the amount to be paid, his refusal to furnish a second bill is not of itself evidence of official neglect.

VAN BENTHUYSEN V. SAWYER

TIME OF CONSUMMATION OF CONTRACT-Letter or Telegram
See CONTRACT.

2.

OFFER Costs-Code, § 385

See COSTS. 2.

TITLE-Damages to Real Estate-Evidence

See EVIDENCE. 2.

TOWN TAX-PAYERS, ASSENT of, to Bonds-Laws 1852, Ch. 375
SEE ASSENT.

TREATMENT, CRUEL-Condonation-Cohabitation

See CONDONATION.

TRESPASSER BUILDS—Building passes with Realty, when.] If a
trespasser erects a building upon the land of another without any
agreement or understanding in respect thereto, such building be-
comes a part of the realty, and passes therewith.
RITCHMYER v. MORSS

TRESPASS-Life Estate-Lease-When action maintainable.
See LIFE ESTATE.

TRUSTEES-Statute of Frauds

See STATUTE OF FRAUDS.

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TRUSTEE'S PURCHASE OF TRUST PROPERTY in good faith.] It is well settled that a person standing in a fiduciary relation to another cannot, in such relation, be allowed to purchase the property in respect to which such relation was created, or exists.

Thus, an agent cannot purchase for himself the property of his principal, as assignee for the benefit of creditors the property of his assignor, &c. Nor can a trustee purchase the property of his cestui que trust.

On setting aside an assignment accepted by the trustees in good faith, their sales under it will be ratified, and they will be indemnified in respect to all bonâ fide transactions thereunder. COLBURN v. MORTON

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USES AND TRUSTS, Statute of-Personal Property

See STATUTE OF USES AND TRUSTS.

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USURY a Personal Defence.] Usury is a personal defence, and can be made available only by the borrower, not by third parties.

And none but a party to a usurious contract, or his heirs, devisees, or personal representatives, can avoid a usurious contract on account of usury.

CHAMBERLAIN v. DEMPSEY

VALUE OF MASTER'S INTEREST, not special

See MASTER'S INTEREST.

WHEN APPEAL DETERMINED SUFFICIENT

See APPEAL.

4.

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WILL-Leases in Fee- Words of Perpetuity.] Where the introductory clause of a will is as follows, " And as for that worldly estate wherewith it hath pleased God to bless me, I dispose of as follows," it may be deemed to be the intention of the testator to dispose of all his estate by the will; so that a subsequent devise without words of perpetuity, may convey a fee, when there is a residuary clause in the will as to personal estate.

But where there is no residuary clause, either as to land or personal estate, and the devise has respect to land alone, it may be otherwise.

VANDERZEE v. VANDERZEE

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TRANSCRIPT APPEALS.

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