Imágenes de páginas

gage is declared void by the statute, “as against the

RECENT ENGLISH DECISIONS. creditors of the mortgagor," and the mortgagor dies in possession of the mortgaged property, leaving an

CARRIER OF PASSENGERS insolvent estate, such property becomes assets in the Railway company: negligence: evidence: accident. hands of the executor or administrator of the mort-disorderly persons: order.-The plaintiff was a passengagor, whose duty, as well as right, it is to defend his ger by the defendants' railway, and at one station, possession against the claim of mortgagee, notwith though all the seats in the carriage in which the plainstanding such mortgage was valid as against the mort tiff was were filled, three more persons got in and stood gagor. Kilbourne v. Fay, and Keller v. Shaeffer. up. There was no evidence that the defendants' ser

2. Unpaid legacy not subject of.-An unpaid legacy vants were aware of this, but the plaintiff remonstrated is not the subject-matter of a chattel mortgage; hence with the persons who had so got in. At the next staan assignment of such legacy is not subject to the in- tion, the door of the carriage was opened by persons who firmity of an unfiled chattel mortgage. Ib.

tried to get in, and the plaintiff rose and held up his DESCENT.

hand to prevent them. After the train had started, & Lunds descend at once to heir: right of administra- porter pushed away the persons who were trying to get tor: rents.-The lands of an intestate descend at once

in and slammed the door, which caught and injured to his heir, and the legal title vests ip him, subject to

the hand of the plaintiff, who had been thrown forthe right of the administrator to sell the same for the

ward by the motion of the train. Held, by Cockburn, payment of the debts of the intestate, in the manuer

C. J., aud Amphlett, J. A. (Kelly, C. B., aud Bramprescribed by law. The rents of the lands of an in

| well, J. A., dissenting), affirming the decision of the solvent intestate, accruing between the death of the

Court of Common Pleas, that there was evidence intestate and a sale of the lands for the payment of

from which the jury might infer negligence on the debts by the administrator, belong to the heir and

part of the defendants so as to eutitle the plaintiff to not to the admiuistrator. Overturf, adm'r, v. James

recover damages. Jackson v. Metropolitan Railway Dugan.

Co., L. R., 2 C. P. D. (C. A.) 125.

Right of attacked person to kill assailant.-Where a
person in the lawful pursuit of his business, and with: |

Embezzlement: receipt by servant on account of mas

ter.-The prisoner was the clerk and servant of an out blame, is violently assaulted by one who mani

insurance company, and head manager at their chief festly and maliciously intends and endeavors to kill

office at L. In the ordinary course of business he him, the person so assaulted, without retreating, although it be in his power to do so without increasing

received several checks payable to his order from the

managers of branch offices, and it was his duty to his danger, may kill his assailant if necessary to save his own life or prevent enormous bodily harm. Erwin

indorse these checks and hand them over to the com

pany's cashier. Instead of doing so, he indorsed v. State. LAROENY.

the checks and obtained money for them from friends Appropriation by finder of lost goods.-When a per

of his own, who paid the checks into their own banks.

He then took the amount so received to the cashier son finds goods that have actually been lost, and takes

and handed it over to him, saying he wished it to go possession with intent to appropriate them to his own use, really believing at the time, or having good ground

against his salary, which was overdrawn to a like to believe, that the owuer can be found, it is larceny.

amount; and he got back from the cashier I. O. U.8

which he had previously given for the amount of the Baker v. State of Ohio.

overdraft. The prisoner having been convicted of TAXATION.

embezzling tbe proceeds of the checks: Held, that the 1. Institution of public charity: what is : exemption proceeds of the checks, though received not from the from taxution.--A corporation created for the sole pur bankers but from third persons, were received on pose of affording "an asylum for destitute men and account of the company, and that the prisoner was women, and the incurable sick and blind, irrespective rightly convicted. The Queen v. Gale, L. R., 2 Q. B. D. of their nationality or creed,” is an institution of

(C. C. R.) 141. purely public charity, within the meaning of section

LIBEL. 2, article 12, of the constitution; aud of section 3 of the

Privilege by reason of the occasion : publication of tax law of 1859, which provides for the exemption of

matters of public interest: meetings of poor-law guardthe property therein described from taxation. The

ians: ex parte charges.-The administration of the word " institutions,” in the sixth clause of section 3 of

poor-laws, both by the government department and by the tax law, is used to designate the corporation or

the local authorities, including the oonduct of the other organized body instituted to administer the

medical officers, is matter of publio interest; but the charity, and the real estate described as belonging to

publication of a report of proceedings at a meeting of such institutions has reference to property owned by

poor-law guardians, at which ex parte charges of misthem; and to entitle such institutions to hold the

conduct against the medical officer of the union were property exempt from taxation, they must not only

made, is not privileged by the occasion. Purcell v. own it, but it must be so used as to fulfill the require

Souler, L. R., 2 C. P. D. (C. A.) 215. ments of the statute. Humphries, auditor, et al., v. Little Sisters of the Poor.

PERSONAL CHATTELS. 2. Real estate leased to such institution not exempt Bills of Sale Act (17 and 18 Vict., c. 36), 88. 1, 7: from taxation.-Real estate leased to such an institu- growing crops not "goods or other articles capable of tion for a term of years at a stipulated rent is not ex- complete transfer by delivery."-A document, by which empt from taxation, although, by the terms of the A agrees to sell to B "five acres of wheat now standing lease, the institution may have agreed with the lessor in, etc., at 61. per acre, B to cut and carry the corn any to pay the taxes. Ib.

| time he may require; aud B agrees to purchase the said five acres upon the above conditions," is a bill of Wright v. Compton, p. 337. A person, while traveling sale within the Bills of Sale Act, 17 and 18 Vict., c. 36, along the public high way, was injured by fragments s. 1, as the intentiou is apparent to pass the immediate thrown by a blast of gunpowder, made by defendants' property. Growing crops are not " personal chattels” servant, who was quarrying for defendant near the within s. 1, which is defined by s. 7 to “mean goods, highway. Held, that defendant was liable, and that furniture, fixtures, and other articles capable of com without regard to whether or not the servant was negplete transfer by delivery." Brantom v. Griffits, L. R., ligent. Franklin Life Ins. Co. v. Sefton, adm'r, p. 2 C. P. D. (C. A.) 212.

380. A person having no insurable interest in the life

of another person, cannot take an assignment of an BOOK NOTICE.

insurance policy upon the life of such other. Frost v.

Tarr, p. 390. An agreement by one, in consideration INDIANA REPORTS, VOL. LIII.

of the performance by another of certain services, to

make a specified provision for such other in his will, Reports of Cases Argued and Determined in the Supreme Court

can be enforced against the personal representative of of Judicature of the State of Indiana, with Tables of the Cases Reported and Cases Cited, and an Index. By the former if no provision is made in the will, and the James B. Black, Official Reporter. Vol. LIII., contain

plaintiff is not limited in his recovery to the value of ing the Cases Decided at the May Term, 1876, not published in Vol. LII, and Cases Decided at the November the services. Such a promise is not within the Statute Term. 1876. Indianapolis: Indianapolis Publishing

of Frauds. Krach v. Heilman, p. 519. Plaintiff's husHouse, Printers and Binders, 1877.

band became drunk upon liquor sold by defendant, THIS volume contains a considerable number of de

and while going home in a wagon was injured by a cisions of interest, among which we notice the

barrel, which rolled upon him, so that he died. Held, following: Tucker v. Taylor, p. 93. The lien of a me that the intoxication was not the proximate cause of chanic for labor on a chattel cannot exist, where, by the injury and death, and plaintiff could not recover the terms of the contract, there is to be a future day of for it under the civil damage law. Balt., P. & Ch. Ry payment for the labor. I. & St. L. R. R. Co. v. Stout, Co. v. New Alb. & S. R. R. Co., p. 597, is upon the now p. 143. The pendency of a suit brought by a person, interesting subject of Removal of Causes to the Fedsince deceased, for personal injury received from the eral Court, and the requisites of affidavits under the negligence of defendant, cannot be plead in bar of an act of Congress of March 2, 1867, are considered. The action for his death from the same cause brought by reporting is excellently done, and the volume is well his administrator, the former action having abated

printed and bound. by death. In the same case it is held that the failure to act with perfect prudence and unusual care in the presence of unexpected danger did not constitute a

NOTES. defense to an action for injury then received. Eagan

THE statutes and rules regulating practice in the v. State, p. 162. Courts and juries take notice, that

1 Supreme Court of Iowa, revised at the June term, whisky is an intoxicating liquor, without proof of

1877, have been issued in a convenient form by Mills & the fact. Mullikin v. Davis, p. 206. When intoxicat

Co., of Des Moines, in that State. — The Journal of ing liquor is sold at retail, contrary to a statute making Jurisprudence and Scottish Law Magazine for July guch sale a misdemeanor, the seller cannot recover the

contains leading articles upon “Divorce and Forprice or value thereof from the buyer. Bender v. The feiture; " "A Procurator Fiscal, what he was, what State, p. 254. Courts of this State cannot look beyond he is and what he will be;" “ The Jurisdiction of the the enrolled act of the legislature to ascertain whether Local Courts in Ireland, Scotland and England comthere has been a compliance with the requirements of pared ;” and “The position of the Masters of Public the Constitution, that no bill shall be presented to the Schools under the Educational (Scotland) Act, 1872." governor within two days next previous to the final | The articles are well written, and the number as a adjournment of the general assembly. T. W. & W. whole is fully up to the average. R'y Co. v. McDonough, p. 289. Plaintiff below purchased a ticket over defendants' railroad, and took a slow train. He gave up his ticket to the conductor, A correspondent calls our attention to a plea in who gave him a card which the conductor said would abatement to indictment on ground of misnomer, in be good on an express train, which would pass the slow the case of Michael Sunday v. State of Missouri, 14 train at a certain station. Plaintiff, at the station Mo. 417. It was an appeal from the St. Louis Crimnamed, took passage in the express train. The cardinal Court. Sunday appeared in proper person, and given him was refused on the express train, and he one Lackland for the State. The appellant argued was ejected for the non-payment of fare. Held, that as follows: “The appellant hails from Germany where the railway company were liable for ejecting plaintiff, he came into the world, bearing the ancestral name of and that $400 damages was not excessive. Kelley v. Sontag, which, translated from the Teutonic into AnState, p. 311. Where wounds are inflicted, and death glo-Saxon, means Sunday. By the latter name he has follows, it is not indispensable to sustain a conviction been impleaded in the criminal court, that tribunal for murder or manslaughter that the wounds were claiming the right to rebaptize him in English. Of the necessarily fatal, and were the direct cause of death, legality of such proceedings he is dubious. A Dutch but if they caused the death indirectly, through a chain wood-chopper has a little pride in his patronymic, of natural effects, unchanged by human action, it is and insists that the power which would seek to divest sufficient. Higert v. Trustees of Ind. Asb. University, him of it is of a price with that which would despoil a 10.326. Where a number of persons subscribe an in- | Highlander of his breeches. At the unprecedented strument whereby they agree to pay certain sums of liberty taken with his name he was, as became him, in

ev severally, to be expended in the erection of a dignant. He gave vent to his indignation in the form of mor

building, their mutual promises constitute a a plea of misnomer, asseverating that he was not Sunant consideration for the promise of each. I day, but Sontag. That if Sunday had been guilty of any illegal actions and doings, Sontag bad neither act of fabulous value. “I venture to send you the followpor part in them, nor was he willing in his stead to ing extracts from a Blue-book (recently issued by a become a denizen of the penitentiary. His plea thus departmental committee of the Government, called the plain and impregnable was not even treated with the Legal Business Committee) which contains some interdecent ceremony of a replication, but was summarily esting information on a subject of special moment to a erased ; against which he entered his solemn protesta good many people, viz., what becomes of the estates of tion, and now reiterates the same before this court, intestates dying without known next of kin. Mr. F. where he trusts the laws of human nomenclature are Hart Dyke, the late Queen's Proctor, whose duties held in more reverence and his complaint meet with have recently been transferred to the Solicitor of better luck. The appellant is advised of a legal prin the Treasury, when examined before the committee, ciple called idem sonans, which protects a man who deposed as follows: 'I take out letters of administrahas a name, and thinks it worth keeping. If this be tion, and get in all the money for the Government in so, Sunday no more sounds like Sontag than it sounds connection with estates of intestate bastards and bona like Sabbath or Lord's day, or Dies Dominicus. All vacantia. * * I recommend the Lords of the Treasthese may indeed be idem significans, but if they are ury as to the disposition of the balance of the effects. idem sonans, his ears deceive him so badly that he * * The Solicitor to the Treasury is appointed gives up all pretensions to know the difference be- administrator. * * I am known all over the world, tween sounds, and could not tell a cough from a and I correspond with solicitors and people interested sneeze. To all who set any value on a name, this new before they come to the Treasury. * * I ascertain idea of idem significans is alarming. If by virtue of what the effects are either at the Bank of England or it Sontag may be made Sunday, there is no similar with various public bodies. * * Mr. Stephenson desecration for which it may not furnish a pretext. gets in the effects. * * Sometimes there are large Not to go far for illustrations, Lackland might be held and heavy pedigree cases. * * In a heavy case, a rectus in curia, as Baron vide Poche, and Colt as Neb-short time ago, I fancied it was rather a fraudulent uchadnezzar, or Grass Eater. The appellant submits case on the part of the party who set up the claim. I that having tendered an issue by his plea, he is entitled got the facts together and took counsel's opinion. * to have it tried in which he is ready to verify, that by * I went on and won the case, and a large sum was one name he has had his being, moved and lived, and recovered. * * I have a lot of administrations by it, he hopes to die."


going in shortly, and among them there is one estate worth about £35,000. Occasionally I have much heavier

amounts even than that. * * All these estates are The bar of Atlanta, Ga., have presented a fountain

vested in the Crown; they belong to Her Majesty in costing $500 to that city. The Macon Telegraph says:

right of her royal prerogative. * * There are doubts "Atlanta can boast of having the only fountain of law

| in some cases as to whether we should oppose a will or in the State."- On the 27th ult., at the Central Crimi

not. * * When bastards die there are always plenty nal Court, London, Leonard Laidman, late chief clerk

of people only too ready to seize hold of their property at the Incorporated Law Society, and who pleaded

and get wills made. Not very long ago I had two cases guilty to a charge of embezzling large sums of money

of this kind, but the law officers advised there was not belonging to his employers, the Incorporated Law

sufficient evidence to justify proceedings. * * In Society, the amount being nearly $60,000, was sentenced

one case there was a commission to America. He * It to five years' penal servitude.

was an estate worth £70,000, I think. * * In ordi

nary cases the course of procedure is this: I receive a A Parliamentary Blue-book has been issued con

letter stating A B is dead; that he had such and such taining the reports made by a departmental committee

property; that he was a bastard, or has left none but

illegitimate relatives. Thereupon, I write a letter on the system upon which the legal business of the English Government is conducted. The first report

requesting further facts and particulars as to where the was dated the 6th of July, 1875; the second report on

property is situated, what it amounts to, and so forth.

* * I find out who the next of kin are, or the persons the 4th of August in the same year; and the third on the 6th of December in the same year. The evidence

to whom the Crown should make grants, and I recom

mend accordingly. * * I do not know much about the given appears in the volume with appendices, extending to ninety folio pages. In a table annexed the esti

real estate, because I have nothing to do with it. But,

as regards the personal estate, the difficulty is to find mated total and net cost of legal business of public

out who are the next of kin. * * In one special case departments in England for 1875 is stated. The sala

I recommended the Government to sell the estates. * ries at £62,767 ; fees and other law charges, £75,923;

* There were three or four farms in Hampshire worth making a total cost of £138,690. The miscellaneous

£25,000 or £30,000. * * I have got the money, and receipts carried to the Exchequer, £27,858, leaving the

the residue will soon be divided. There was a very net cost, £110,832. The expenses of administration

nice place down in the Isle of Wight. * * I take out cases and divorce interventions are not included.

from forty to Afty administrations in a year. * * About £40,000 a year is paid into the Exchequer as

Some are large amounts. ** £120,000 and sums of the Crown's share in administration cases.

that sort.' * * A perusal of the foregoing will show

that it is possible for a good many wealthy people to The following letter from Mr. Edward Preston, pass out of existence sans known relatives. Three proprietor of Chambers' Index to Next of Kin to the recent large ‘Crowu wiudfalls' occur to me: £250,000, London Law Journal, describes the modus operandi Mrs. Mangin Brown, chaucery proceedings peuding; of disposing of estates left by those who die in Eng-| £140,000, Mrs. Helen Blake, chancery proceedings also land without known next of kin, and will be of consid-pending; £40,000, Mr. Patterson, of Kilmarnock, as to erable interest to those on this side of the water who whose estates a discussion has recently taken place in oelieve themselves entitled to a share in some estate the House of Commons."

The Albany Law Journal.

they have heretofore been free, namely, that of professional vagabondage. This evil has, until now,

been almost unknown on this side of the water, and ALBANY, JULY 28, 1877.

it is not surprising that we find our laws unfitted to

deal with it. Indeed it is, under our system of CURRENT TOPICS.

government, impossible to frame laws to punish APPLICATION has been made to the Surrogate

vagabondage, pure and simple. A statute that

should forbid a man without means to travel along of Albany county for letters of administration upon the estate of Anneke Jans-Bogard us, who died

the highway, and when hungry to ask for food and in this city in 1663 — two hundred and fourteen

clothing from those who have it to spare, would be

of doubtful constitutionality under the fundamental years ago. The petitioner, who claims to be as near of kin as anybody at this day can be to the deceased

law of any State, to say nothing of its being in anlady, sets forth that the decedent left a will, and

tagonism with the popular idea of justice and

humanity. Yet, traveling and begging is all that is that of the personal property therein disposed of

necessary to make a tramp, and the doing of this is there remains a family bible and its contents, and other chattels undivided, besides certain real estate

all that, as a rule, can be brought home to any one situate in the counties of Albany and New York.

of them. Yet this, although troublesome, is not

the chief thing that makes the tramp a dreaded Citations have been issued to all interested to show

nuisance. It is rather the belief that he will, whencause why such letters should not issue, returnable

ever he thinks it safe to do so, commit offenses September 26, 1877. The object of this proceeding is to revive anew the litigation in respect to the

against person or property. And that this belief lands in the city of New York, possessed by the

has good ground is shown by the record of crimes, Trinity Church corporation, and which it has held

which can be attributed to none but tramps, for more than one hundred and seventy-two years.

which daily fills the newspapers. There have been The history of this litigation is somewhat remarka

numerous endeavors made in various places for the

suppression of the evil by the enforcement of the ble. It was instituted by Nicholas Brower in 1750, who brought a suit of ejectment, wherein he was

statutes against vagrancy, but these efforts have

been attended with only partial success, and more nonsuited by default. In 1760 he renewed his suit, but was again beaten. In 1807 Colonel Macolm,

rigid laws are demanded. Perhaps something might

| be done by conferring upon petty magistrates more the husband of another claimant, instituted a suit

extended powers in respect to offenses such as vagaof the same nature, which had the same result. In 1830 an action was instituted by Peter Oakley and

bonds are liable to commit. Yet, no amount of

legislation will take away from the prosecution the others. In 1834 another was begun by Jonas Humbert, and in 1847 a very enthusiastic individual,

necessity of producing sufficient evidence to warrant

a conviction, the want of which seems to be one Cornelius Brower by name, brought nine suits. In all these actions, which were brought in the higher

great difficulty in all action yet taken against vagaState courts of law or equity, the defendant was

bondage. The probability is, that the people in victorious, each case being dismissed without a trial

those parts of the country where the tramp most on the merits. About 1873 resort was had to the

abounds will need to establish local detective sysUnited States Circuit Court, but with no better suc

tems, whereby they can procure his punishment if cess, so far as the plaintiffs were concerned. Once

he happens to commit any criminal offense. before application has been made to a surrogate for letters of administration, but the applicants were | The question of the legal validity and effect of then unable to show that there was any undistributed the union between two of the Presbyterian bodies personalty of the decedent. The discovery of a l of this country was involved in the case of Estate bible and other chattels" seems to have relieved of Daniel Speers, decided on the 27th ult. by the the case of that impediment, though it is difficult Orphans' Court of Alleghany county, Pa. A testo see what advantage can be gained by the issue of tator left a sum to the “ trustees of the Synod letters of administration, should such issue take of the Associate Presbyterian Church of North place. We have little doubt that the title of the

America.” But the body mentioned did not, at the present possessor of the real property alleged to time of the probate of the will, exist under that have belonged to Mrs. Jans-Bogardus will success name, but in its stead there was what is known as fully withstand any attack that can be made upon The United Presbyterian Church of North America, it under the present proceedings.

made up by a union between it and the Associate

Reformed Presbyterian Church of North America. The people of this country residing outside of The court held that the union was valid, and the cities and large villages have, within a couple of trustees of the new church were entitled to take years, been subjected to an annoyance from which I the bequest. That the union mentioned was valid

VOL. 16.-- No. 4.

and effectual to carry with it and preserve rights no sense true. It is only when the public security of property which had belonged to the separate is disturbed by ungoverned men, and the power of churches has been decided by the Supreme Court the law is for a little while dormant, that unsentiof Pennsylvania in McGinnis v. Watson, 5 Wright, mental people realize that the tributes of the orator 9, and by the Supreme Court of Iowa in McBride but faintly portray the advantages derived by the v. Porter, 17 Iowa, 203.

community at large from the regular administration

of justice. We have had during the past week Those who have occasion to consult the printed numerous illustrations of the dangers attending a volumes of our statutes must be struck with the departure from the strict enforcement of legal frequent repetition, at the bottom of a page, of the rights. Such an enforcement often, and perhaps phrase “so in the original,” referring, by means of usually, produces suffering to some, but the other a star or other device, to some erroneous reading, course produces tenfold more suffering, with the which, if it were not for these cautionary words, additional evil result that it weakens the foundamight be taken to be a printer's blunder. The fre- tions of order by rendering contracts insecure and quency of this annotation is a very good indication the fruits of industry and economy uncertain. If, of the carelessness with which our laws are framed. from the events of the past few days, the people at Many of the errors thus noted are indeed trivial, large learn to appreciate the advantage of an imbut some of them are of grave importance, being partial application of the laws, and also that a rule in defiance of the laws of English grammar, and of law that is strictly just, without regard to reuncertain in meaning, to say nothing of faultiness sults, is the best in the long run for all, we may of style which prevails in almost every section of gain more good than we suffer harm from the ocevery statute. In the General Statutes of 1877 the currence of those events. proof-readers discovered and noticed more than twenty-five gross errors, some of spelling and some In the controversy between the Attorney-General of construction, which would probably indicate and Mr. John D. Townsend in relation to the Tweed more than one hundred and fifty mistakes discovera- confession, letters have been written to the public by ble by a proof-reader in the whole statute law of this each of the principal disputants, by Mr. Tweed and year, exclusive of the new Code. Whether all the by one Bryant, who acted as a sort of a messenger errors actually existing were discovered and noticed between the high contracting parties in the negowe cannot say, but there were enough to show the tiations relating to the confession. Those of the need of some provision for the more careful draft- public who have read all the letters carefully know ing of the statutes. In Great Britain no bill is con- just as much about what they relate to as those who sidered until it has gone through the manipulation have not read any of them. We suppose, all interof a parliamentary draftsman. The result is care-l ested having had their say, the matter will now be fully-considered legislation, and, consequently, com- dropped. paratively few laws. In fact, we have more new laws in a year than Great Britain has in a decade,

NOTES OF CASES. and, so far as can be ascertained, as much real pro

THE case of Nettleton v. Morrison, recently degress is made in legislative reform there as with us.

1 cided by the United States Circuit Court for A legislative draftsman might operate to prevent

the District of Minnesota, was an action to quiet, many half-considered enactments which now creep

title, and the facts were these. One Grignon, an into the statute book, to the bewilderment of the

infant, executed to one Zanzius, a power of attorney, courts, the annoyance of the public and the emolument of the lawyers, but that circumstance should

in which he represented himself to be of full age, not stand in the way of the adoption of a means to

to convey certain real estate belonging to him, and, secure laws reasonably free from errors in spelling,

under this power, Zanzius conveyed the land to de

fendant for a valuable consideration which Grignon grammar and style.

received. One year after he became of age, GrigWe often hear, especially in trials before a jury, non executed a deed of the same premises to comeloquent tributes paid to the law, its power and its plainant, but he never restored to defendant the benefits. The guardian care which it exercises over money received from him for the first conveyance. our property, our families and our person, never The deed first executed was on record, before comsleeping, tiring never, and almost omnipresent, has plainant received his conveyance. The question furnished a theme for hundreds of perorations. was, could this action be maintained without a tenYet most of the talk of this kind bas passed with der back of the money paid by defendant? The those who are familiar only with 'practical life as court held that it could, saying that the minor havmere moonshine, good enough to entertain a jury ing received the consideration for the property at or an audience, or to show off the ability of counsel | the time of the conveyance under the power of atin the speaking line, but of no further use, and in I torney, made the deed his own act, and it was void

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