This objection seems even stronger than the first, but the court held that there was no merit in it because it could not be presumed that the conviction was obtained on other than satisfactory evidence, and that it was suf ficient corroborative evidence to put on the defendant the burden of disproving the allegation in the bastardy indictment.

The third objection was that the judgment of the court in the unlawful carnal intercourse prosecution was of record and should be proven by the record or a certified copy thereof and not by parol. The court denied the soundness of this objection, also, on the ground that the law of evidence does not require that a conviction for crime shall be proven by the record in this kind of a case since in this kind of a proceeding it was not sought to prove the conviction, but merely to give evidence of the conviction in support of the complainant's case.

Such holdings on the rules of evidence as these are calculated to make the American lawyer rub his eyes in wonder at the changes which have occurred in the law of that country from whom we have inherited our cherished common law principles.

But it is interesting to note that some of the English law journals find it hard to accept the decision, at least so far as the last objection is concerned. Thus the Solicitors' Law Journal of Feb. 7, 1914, after concurring in the ruling on the other objections refuses to accept the ruling on the last objection, saying: "We have been wholly unable to find any authority in support of this proposition. The verdict and sentence having been committed to writing, it is contrary to principle to allow them to be proved by oral evidence, especially in a case which may affect the character of the defendant. We hope that this decision may at some time receive further consideration."

BOOK REVIEWS.

A. H. R.

SINGER ON TRADE-MARKS.

Mr. B. Singer, of Chicago, issues a book on Trade-Mark Laws of the World and Unfair Trade, in which he gives the trade-mark statutes of the countries of the world, giving frequently instances of decision illustrating the practical application of these statutes. It is shown in this work what trade-marks may be registered and what may not, and what constitutes forbidden simulation of a trade-mark so as to constitute unfair trade.

There is an appendix to the work entitled "Requirements" which show the documents necessary to be filed in connection with applications and where forms of application may be obtained. The author states that he has been

collecting data for this work during twenty-five years and the result of his labors is shown in a very interesting and useful volume. He well says, as emphasizing the importance of this work that: "The keen rivalry among nations of the world's markets lends additional importance to the registry of trade-marks on popular and standard classes of merchandise."

Many of the countries show that their trademark laws are of recent origin and others that laws have been amended to keep pace with the demands of trade.

The volume is one of several of trade-mark and patent publications from Mr. Singer and it is gotten up in handsome binding, clear print and is issued by Mr. Singer under his own copyright of 1913.

HUMOR OF THE LAW.

Senator Tillman was arguing the tariff with an opponent.

"You know I never boast," the opponent began.

"Never boast? Splendid!" said Senator Tillman, and he added quietly: "No wonder you brag about it."

In an Iowa court a witness whose memory was being tested was taken back to his school days, where he said he read McGuffy's Third Reader, in which he said was a piece about "The Little Cottage Girl," of which he recalled some of it.

Q.

A.

"Let's have it," said the cross-examiner. "I met a little cottage maid. She was eight years old, she said. Her hair was thick with many a curl That clustered 'round her head."

"Correct," said the judge.

And again the cross-examiner was baffled. In the good old days "befo' de wah," when "Kun'l Jedge Bone" was an undisputed czar in his country in Western Kentucky, he disposed of cases that came up before him with severity or clemency, according to their merits in his eyes, and without regard for law or precedent.

In one instance two old darkies went to law about a certain mule which each accused the other of having stolen. Inasmuch as the case presented many amusing features, the "Kun'l Jedge" enjoyed it the first day as a sort of special performance for his entertainment; but the second day he summarily dismissed Court in order to go with a hunting party.

"Now, see heah, you niggers: I'm tired of listenin' to all that nonsense. One or the othah of you stole that mule, and it's mighty plain to my mind that evah last one of you have been up hear swearing to a pack of lies. Unc. Mose. you can keep that mule-you was the last one to git him. Une Joe, you go 'long up to Big House and tell son Bob I said to give you that ol' black mule outer the pasture. Now evah las' one of you cleah out, an' if evah I find out who stole that mule, I'll punish him yet. Co't 's dismised til day aftah to-mor'ah-no, bettah make it nex' Monday. We'll be down in the bottom three or fo' days, won't we, Zack?"Lippincott's.

2. Banks and Banking-Check.-A bank, by receiving a check from plaintiff, and giving him credit therefor on its books as money deposited. against which he could immediately draw, became ¿L purchaser of the check vested with title thereto.-Mudd v. Farmers' & Merchants' Bank of Hunnewell, Mo., 162 S. W. 314.

3.-Debtor and Creditor.-A bank need not return identical funds deposited subject to check, but need return only the equivalent upon demand.-Citizens' State Bank of Petersburg v. Worden, Neb., 144 N. W. 1064.

4. Bills and Notes-Contract.-Where defendant executed a note to a bank to obtain a fund to be used for a particular purpose, which fund was deposited in the name of a third person as trustee, defendant was liable on his note though the money was withdrawn and misappropriated by the trustee.-Guthrie v. Farmers' Bank of Nashville, Ga., 80 S. E. 511.

5. Holder in Due Cause.-A note procured by a fraud held not enforceable by a person not a holder in due course, though such fraud was coupled with negligence of the signer.-Iowa City State Bank v. Claypool, Kan., 137 Pac. 949. 6. Presentation.-Presentation of a check must be made within a reasonable time; such time depending on the situation of the parties with reference to one another and the bank, and on other material facts entering into the transaction.-Babcock v. City of Rockyford, Colo., 137 Pac. 899.

7. Cancellation of Instruments-Invalidity.If a deed were void on the ground that the grantor was non compos mentis when it was executed, a suit to cancel on that ground cannot be maintained, since cancellation is unnecessary to the recovery of possession in an action at law. Lewis v. Ashton, Ala., 63 So. 1008.

S.Laches.-Plaintiffs exchanged land with defendants, and upon discovering that they had been defrauded, within five months brought an action to set aside the exchange. Held that it could not be defeated on the ground of laches. -Burger v. Boardman, Mo., 162 S. W. 197. 9. Carriers of Goods-Baggage.-Where merchandise was tendered by a passenger to a carrier for transportation as baggage, and the carrier was apprised of the contents of the boxes and accepted them as baggage, it would be liable for their loss as such.-St. Louis, I. M. & S. Ry. Co. v. Josephs, Ark., 162 S. W. 40. 10. Bill of Lading.-The delivery and acceptance of a bill of lading and invoice raises a presumption that the party receiving it assented to its terms.-Ross v. Northrup, King & Co., Wis.. 144 N. W. 1124.

11. Consignee.-That one consigning goods to himself sold the goods on arrival at destination at a specified sum per pound did not deprive him of a right to recover for a loss of goods in transit.-Almon v. Chicago & N. W. Ry. Co., Iowa, 144 N. W. 997.

12. Carriers of Passengers-Contract.-A railroad company in selling a round-trip ticket is entitled to make it a condition of passage that the trip coupons be not detached from the contract portion of the ticket.-Missouri, K. & T. Ry. Co. of Texas v. Luster, Tex., 162 S. W. 11.

13.- -Passenger. The relation of carrier and passenger does not terminate until the passenger alighted from the train and left the platform, if the passenger did not unreasonably delay the alighting.-Ray v. Chicago & N. W. Ry. Co., Iowa, 144 N. W. 1018.

15.

Commerce-Taxation.--The

permissive grant from the United States to telegraph companies to use the military and post roads for the poles and wires of such companies does not prevent the state from taxing the real and personal property belonging to the companies in the state, or from imposing a license tax upon the right to do a local business within the state. Ferguson v. McDonald, Fla., 63 So. 915. 16. Contracts Consideration.-A vendor's oral promise to find a purchaser at an advanced price, made at the time of execution of the original contract and as part of its inducement, constituted a sufficient consideration for a subsequent written contract embodying the oral promise.-Hurless v. Wiley, Kan., 137 Pac. 981.

17. Equity. Whenever equity gives a party the right to specifically enforce an executory contract of sale, the law gives him the right to sue for damages for the breach.-Hamil v. Flowers, Ala., 63 So. 994.

18. Estoppel.-A person seeking to rescind a contract cannot accept the benefits of a beneficial portion and rescind the portion not to his advantage but must rescind the entire contract. Collison v. Ream, Neb., 144 N. W. 1050.

19. Negligence.-A man cannot relieve himself from the obligation of a written agreement by showing that he did not read it when he signed it, or did not know what it contained.Ross v. Northrup, King & Co., Wis., 144 N. W. 1124.

21.

Corporations-Estoppel-An officer and director of a corporation may not enter into an opposition business in his own behalf of such a nature as to cripple or injure the corporation, and if he does so, equity may impound property rights so acquired for the benefit of the corporation.-Hussong Dyeing Mach. Co. v. Morris, N. J., 89 Atl. 249.

22. Trust Fund.-The rule that the property of a corporation is a trust fund for the payment of its debts merely prohibits distribution of its property among its stockholders or application to any purpose foreign to its business until its debts are paid.-Wilson v. Baker Clothing Co., Idaho, 137 Pac. 896.

23. Trustees.-Where directors voted to buy property from promoter at price in excess of that paid by him, the excess to be divided between them and the promoter, they acquired no rights, and their duty to refund depended on such rights as they possessed independent of that action, though the stock issued as a bonus represented surplus, the amount of capital specified in the articles of association having been paid.-Brooker v. William H. Thompson Trust Co. Mo., 162 S. W. 187.

24. Criminal Evidence-Corpus Delicti.-The corpus delicti may be established by circumstantial evidence.-Moore v. State, Ga., 80 S. E. 507.

25. Criminal Law-Accomplice.-The thief is not an accomplice of one accused of receiving stolen goods.-State v. Cohen, Mo., 162 S. W. 216. 26. -Former Acquittal.-A former acquittal or conviction will not bar a subsequent prosecution if the first trial was collusive.-May v. State, Ark., 162 S. W. 43.

27. -Principals.-All who aid or abet in the commission of a misdemeanor are regarded as principals.-Deal v. State, Ga., 80 S. E. 537.

28. Venue. Where accused was charged with stealing a mule in West Virginia and bringing him into P. county, Ky., he was properly charged with larceny in that county.Hobbs v. Commonwealth, Ky., 162 S. W. 104.

29. Damages-Fright.-While there can be no recovery for fright disconnected from physical injury, if plaintiff was in fact injured, though slightly, by being swept by a large volume of water against a fence, an instruction that there could be no recovery for fright or mental distress was properly refused.-Southern Ry. in Kentucky, v. Owen, Ky., 162 S. W. 110. 30. Nominal.-The term "nominal damages" is purely relative and carried with it no

suggestion of certainty as to amount.-Atlantic Coast Line R. Co. v. Stephens, Ga., 80 S. E. 516. 31. Dedication Statutory.-"Dedication" is a setting apart of land for the public use, and may be either statutory or at common law, the distinction being that statutory dedication operate as a grant, while common law dedication operates by way of estoppel in pais.Poindexter v. Schaffner, Tex., 162 S. W. 22.

32. Deeds-Delivery.-A warranty deed providing that the grantor shall remain in full possession and ownership during his lifetime, and that the deed shall not be recorded until after his death, passes title to the grantee, subject to an estate for life in the grantor.Ekblaw v. Nelson, Minn., 144 N. W. 1094.

the

33.-Practical Construction. Where meaning of the language of a deed is doubtful, reference may be had to the circumstances attending its execution, the parties' practical construction of it, and the previous negotiations.Sandretto v. Wahlsten, Minn., 144 N. W. 1089. 34. Descent and Distribution-Possibility of Issue. There is no presumption against the possibility of issue.-Morris v. Boyd, Ark., 162 S. W. 69.

35. Divorce-Mutual Fault. Where both husband and wife were at fault and the wife left her husband, but subsequently sought in good faith to return, when he refused to receive her and made no effort to induce her to return, he was not entitled to divorce on the grounds of desertion.-Conlin v. Conlin, Iowa, 144 N. W. 1005.

36. -Practice. It is no ground for dismissing a bill for divorce by a wife that she instituted previous suits on the same grounds, but failed to prosecute them with effect, dismissing her bills.-Jordan v. Jordan, Ala., 63 So. 1024. 37. Embezzlement Defined.-Embezzlement consists of the fraudulent conversion by accused of the property entrusted to his care by another and it is not material to show whether demand was made, or that the conversion was without the consent of the owner.-State v. Moreaux, Mo., 162 S. W. 158.

38. Eminent Domain-Abutting Owners.Property owners abutting a public highway owned by the county and subject to the jurisdiction of county commissioners cannot recover damages for an improvement of the highway or for a change in its grade.-Ettor v. City of Tacoma, Wash., 137 Pac. 820.

39.- -Equity.-Where land is taken and appropriated by a railroad company without grant or condemnation, whether with or without the owner's knowledge and acquiescence, he may maintain a bill in equity for damages, effectual by injunction.-Tombigbee Valley R. Co. V. Loper, Ala., 63 So. 1006.

40. Estoppel-Husband and Wife.-A deed whereby husband and wife bargain, sell, and quitclaim land does not merely release her inchoate right of dower, and neither the grantors nor those claiming under them can assert that it conveys less than fee simple.-Keady v. Martin, Ore., 137 Pac. 856.

41. Pleadings-In a suit against an administrator, evidence of estoppel is admissible under the general denial by virtue of the statute. -McConnell v. American Nat. Bank, Ind., 103 N. E. 809.

judgment debtor

43. Execution-Levy.-A was not precluded from claiming that there was no levy made upon his goods, where, after he refused to consent to a levy, the officer desisted and finally left without claiming that he had levied on the goods.-Hobbs v. Williams, Mo., 162 S. W. 334.

44.-Levy. By virtue of execution or attachment a sheriff acquires a special title or property in the goods levied upon, which will support detinue, trover, or trespass against one who wrongfully disturbs his possession.-Higdon v. Warrant Warehouse Co., Ala., 63 So. 938. 45. Executors and Administrators-Definition. An "administrator" is a person lawfully appointed to manage and settle the estate of a deceased person who has left no executor.Dow v. Lillie, N. D., 144 N. W. 1082.

46. Fixtures-Gas Ranges.-Gas ranges installed in housekeeping apartments by the usual service gas pipe and stove pipe flue pursuant to a conditional contract of sale not filed as required by Personal Property Law, § 112, are not attached to the building within the act, and a purchaser at a foreclosure sale of the premises does not acquire any titlé to the ranges.-Central Union Gas Co. v. Browning, N. Y., 103 N. E. $22.

47. Third Person. In analogy to the converse of the rule that structures erected upon another's land with the owner's consent continues to be personal property, rails and other fixtures affixed to a railroad right of way by trespass without the landowner's consent would be affixed to the real estate.-Hatton v. Kansas City C. & S. Ry. Co., Mo., 162 S. W. 227.

48. Fraud, Statute of-Antenuptial Agreement. A parol antenuptial agreement to make a settlement in consideration of marriage, being within the statute of frauds, marriage alone is not such part performance thereof as will take it from the operation of the statute.-Watkins v. Watkins, N. J., 89 Atl. 253.

49. Homestead-Intention.-The mere intention to again resume business in a business homestead at an indefinite time in the future, dependent upon a contingency which may not happen, does not perpetuate the previous homestead character of the property.-McDowell v. Northcross, Tex., 162 S. W. 13.

50.

Homicide-Evidence.-Where the state claimed that accused desired the death of deceased because of intimacy with decedent's wife, letters written by the wife to defendant and found in his suit case when taken possession of by the sheriff were admissible.-Millner v. State, Tex., 162 S. W. 348.

51. Responsibility.-One cannot be held guilty of homicide where he is so afflicted with a mental disease that he has so far lost the power to choose between right and wrong that he cannot resist the killing, though he may know right from wrong.-Mizell v. State, Ala., 63 So. 1000.

52. Husband and Wife-Alienation of Affections.-In a husband's action for alienation. evidence that defendant foreclosed a chattel mortgage on plaintiff's property soon after eloping with plaintiff's wife was admissible on malice.-Warnock the question of V. Moore, Kan., 137 Pac. 959.

53. Consortium.—A husband's right of "consortium" at common law includes the righ to the services of the wife to be rendered him. together with the right to her society and the comfort incident thereto, for the wrongful deprivation of which the husband may recover.— Reeves v. Lutz, Mo., 162 S. W. 280.

54. Infants-Disaffirmance. Where infants borrow money, and give a mortgage to secure the loan, for the purpose of discharging a prior mortgage on their land, they cannot disaffirm the contract and mortgage without returning the money so acquired.-Berry v. Stigall, Mo., 162 S. W. 126.

55. Insurance Agent's Fault.-Failure of the insurer's agent to comply with instructions to attach to the policy a rider, the effect of which would have been to cancel the policy, did not invalidate it.-Southern States Fire Ins. Co. v. Tabor, Ga., 80 S. E. 536.

56.

Estoppel.-Where a life insurance company was informed about June, before insured's death in January, 1911, that she was in bad health when insured, and did not then cancel the policy, it was estopped from afterwards denying liability.-American Nat. Ins. Co. v. Fawcett, Tex., 162 S. W. 10.

57. -Law of State.-An assignment of a policy may be required to be according to the laws of the state where the assignment is made. though the contract be executed in another state.-Northwestern Mut. Life Ins. Co. V. Adams, Wis., 144 N. W. 1108.

58.- -Notice of Vacancy.-Notice that the insured premises are vacant, or that they have become uninhabitable, when communicated to the insurer's local agent having authority to issue policies and transact the usual business of a recording agent, is notice to the insurer.Schmidt v. Williamsburgh City Fire Ins. Co. of Brooklyn, N. Y., Neb., 144 N. W. 1044.

59. Waiver. If the policy or notes provide for forfeiture for nonpayment of premium notes, and such provision is not waived, the giving of a note does not operate as a payment of the premium, but merely postpones the time for payment.-Occidental Life Ins Co. v. Jacobson, Ariz., 137 Pac. 869.

Judgment

60. Counterclaim.-A counterclaim, in the strict sense, is not a mere defense to the main action, but presents a cause of action on which an original action may be brought, and a defendant may elect whether to interpose his demand as a counterclaim or reserve it for a later independent action.-Price v. Macomber, Iowa, 144 N. W. 1020.

61.- -Default.-A judgment by default may be taken in eminent domain proceedings.Gwinner v. Gary Connecting Rys. Co., Ind., 103 N. E. 794.

62. Libel and Slander-Libel Per Se.-A publication stating that a house in which plaintiff resided with his family bore a bad reputation with the police had a tendency to subject plaintiff to public hatred, contempt, or ridicule, and to reflect shame upon him, and to put him without the pale of social intercourse, and hence was libelous per se.-Fitzpatrick v. AgeHerald Pub. Co., Ala., 63 So. 980.

the statute did not commence to run until demand.-Baxter v. Beckwith, Colo., 137 Pac 901.

64. Installments.-A debt being payable in installments, limitations begin to run against an installment when it is due.-Stark Bros. Co. v. Gooding, Mo., 162 S. W. 333.

65.- -Sureties.-Where sureties, who have paid their principal's debt, jointly sue their cosurety for contribution, founding their action upon the obligation contained in the surety contract, they have the same time in which to bring suit as a creditor would have had on the same instrument.-Train v. Emerson, Ga., 80 S. E. 554.

66. Master and Servant-Assumption of Risk. -An employe must appreciate the danger from a known defect in order to assume the risks thereof, unless the danger be so obvious that all persons of ordinary intelligence are presumed to understand it.-Mackay Telegraph & Cable Co. v. Rowland, Ark., 162 S. W. 54.

67. Course of Duty.-An employe injured while assisting in lifting a hand car to the tracks is injured by the "running" of a hand car within the meaning of Gen. St. 1906, § 3150, making a railroad company liable for injury to an employe caused by the negligence or another employe by the running of a car.-McGrady v. Charlotte Harbor & N. Ry Co., Fla., 63 So. 921.

68.- -Last Clear Chance.-The carrier's servants in charge of trains have a right to expect a clear track and need not be on the lookout for section men; their only duty being to sound an alarm if they see a section man in danger.Salisbury v. Quincy, O. & K. C. Ry. Co., Mo., 162 S. W. 279.

69.Respondeat Superior.-An assault and battery committed by a forman, which was intimately related to, connected with, and grew out of his exercising authority of his employ: ment over the employe assaulted, was committed while he was acting in the scope of his employment, and the employer was liable.Avondale Mills v. Bryant, Ala., 63 So. 932.

70. Mortgages-Equitable Assignment.-The sale of a note secured by a real estate mortgage amounted to an equitable assignment of the mortgage.-McConnell v. American Nat. Bank, Ind., 103 N. E. 809.

71. Redemption.-A mortgagee who, while the mortgage is subsisting, obtains in any lawful manner the possession may retain possession and defend it against the mortgagor or his successor, and the mortgagor's only remedy is the equitable suit for redemption.-Faxon All Persons, etc., Cal., 137 Pac. 919.

V.

73.

Payment-Voluntary.-Rent voluntarily paid under an oil and gas lease, with knowledge of all the facts, cannot be recovered, though paid under a mistake of law as to the lessor's title.-Gaffney v. Stowers, W. Va., 80 S. E. 501. 74. Voluntary.-Payments made with full knowledge of the facts, though in ignorance of legal rights, cannot be recovered back in the absence of duress, fraud, or deception.--Mc

Carty v. Mobley, Ga., 80 S. E. 523.

75. Principal and Agent-Ratification.—A principal may avoid a contract, made by his agent with a third person so as to work fraud upon the principal, as by secretly paying the agent a commission for making the contract, though the third person cannot repudiate the contract if the principal chooses to ratify it. Meyer v. John W. Corley Publishing & Promotion Co., Mo., 162 S. W. 273.

76. Principal and Surety Contribution.Sureties who have paid their principal's debt may jointly sue their cosurety for contribution, where they found their action upon the obligation contained in the contract of suretyship.— Train v. Emerson, Ga., 80 S. E. 554.

77. -Notice.-Where a railway contractor's bond required the railway to give the surety immediate notice of any breach, the surety was entitled to notice of breaches by subcontract

ors. Astoria Southern Railway Co. v. Pacific Surety Co., Ore., 137 Pac. 857.

78. Quieting Title-Abutting Owners.-Abutting owners may sue to quiet title to an easement in an alley, and to the fee which they hold subject thereto.-Humphrey v. Krutz, Wash., 137 Pac. 806.

in

79. Sales-Defenses. Where law books were ordered by attorneys and placed on their shelves without examination, and installments on the price paid for several months, it is no defense, an action for the balance, that the books were not examined until part of the price had been paid, when they were found unsuited for use in the local courts, and that the seller knew that defendants desired them for that purpose. -Rogers & Heath v. L. D. Powell Co., Ga., 80 S. E. 550.

80.- -Definition.-A "sale" is the transmutation of property from one to another in consideration of some price, and is a transfer of property in a thing for a price in money, and is the passing of title and possession of any property for money which the buyer pays or promises to pay.-Deal v. State, Ga., 80 S. E. 537.

81. Implied Warranty.-Where a certain variety of seed is ordered, and the seller furnishes seed in response to the order, there is an implied warranty that it is true to the description, unless the seller advises the purchaser that the sale is made without warranty.-Ross v. Northrup, King & Co., Wis., 144 N. W. 1124. $2. Subject of.-Things not in esse actual or potential cannot be the subject of sale, but may be the subject of an agreement to sell.Hamil v. Flowers, Ala., 63 So. 994.

83. Warranty.-Where the seller expressly warranted hay, there was no duty on the part of the buyer to inspect it.-Vaupel v. Lamply, Ind., 103 N. E. 796.

84. Set-Off and Counterclaim-Subsisting Cause of Action.-For a claim to be the subject-matter of a set-off, it must be a subsisting cause of action at the commencement of the suit.-Citizens' State Bank of Petersburg v. Worden, Neb., 144 N. W. 1064.

85. Trusts Where defendant, a mortgagee, through his wrong acquired title to the mortgaged property and conveyed it to bona fide purchasers, he is liable to a personal decree, on the theory that he sold the property as a trustee ex malaficio.-Rosenau v. Powell, Ala., 63 So. 1020.

$6. Vendor and Purchaser-More or Less.Where a sale of land was by metes and bounds for a gross amount for the entire tract, and not by the acre, the purchaser could not recover for a shortage in acreage. Eborn v. Clark, Ala., 63 So. 1018.

elects

87.- Rescission.-Where a vendor upon the purchaser's breach to rescind in toto, such election restores the status quo, and entitles each party to a restoration, so that the purchaser would be entitled to recover back his advance payments.-Waters v. Pearson, Iowa, 144 N. W. 1026.

88.-Vendor's Lien.-Where the vendor of land accepts, the purchaser's notes in payment, but has them made out to another, his vendor's lien is not waived.-Hunter v. Briggs, Ala., 63 So. 1004.

$9. Waters and Water Courses-New Stream. --Where the channel of a stream was changed as the result of a freshet, and a new stream with well-defined banks and channel had formed and existed for several years, defendants could not change the same or by constructing a dam therein throw the water onto plaintiff's land which had not been previously burdened therewith.-McGhay v. Woolston, Mo., 162 S. W. 292. Wills-Husband and Wife.-A husband's written consent that his wife might bequeath away from him more than one-half of her property, when freely and fairly executed in strict compliance with Gen. St. 1909, § 9811, authorizing such consent, held irrevocable.-Chilson v. Rogers, Kan., 137 Pac. 936.

90.