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ARBITRATION AND AWARD. Transfers of particular species of property,

rights, or instruments.
& 1. Arbitrators and proceedings. See “Bills and Notes," 3 ; "Insurance,” 3.

*Under Code Civ. Proc. 88 2369, 2386, arbi- Oil lease, see "Mines and Minerals,” $ 2.
trators selected under a common-law arbitration
must be sworn, unless the oath is waived by the $ 1. Rights and liabilities of parties.
parties.-Hinkle v. Zimmerman (N. Y.) 1080. Under Burns' Ann. St. 1901, $ 5675, a prop-

erty owner assessed for the construction of a
$ 2. Award.

*An award within the scope of the submis- ditch held not entitled to set up an agreement
sion held conclusive on the parties, notwith the original contractor, to defeat the payment

as to his assessment, made between himself and
standing a mistake of the arbitrator as to ques- of the assessment to an assignee of the original
tions of law or fact.-Phaneuf v. Corey (Mass.) contractor.-Stitt v. Hortón (Ind. Sup.) 241.

§ 2. Actions.

Where plaintiff assigns his claim and has no
Harmless error in, see "Criminal Law,” s 15. amended, he cannot enforce amended complaint.

interest at the time complaint is subsequently
In civil actions, see "Trial," $ 3.

-Foster v. Central Nat. Bank (N. Y.) 338.
In criminal prosecutions, see "Criminal Law,
$ 8.

Continuance of action after assignment pend-

ing suit and amended complaint filed held not
authorized by Code Civ. Proc. & 756.–Foster v.

Central Nat. Bank (N. Y.) 338.
Illegal arrest, see "False Imprisonment."
On execution, see "Execution," $ 2,

Assignor held not entitled to recover in his
1. On criminal charges.

own name on an assigned claim, under Code Civ.
Under Hurd's Rev. þt. 1903, c. 38, § 342, a (N. Y.) 338.

Proc. 8 449.-Foster v. Central Nat. Bank
private person held only entitled to arrest for
an offense committed or attempted in his pres-
ence.-Enright v. Gibson (111.) 689.


Conspiracy to commit assault, see "Conspiracy,”

See "Bankruptcy."
$ 1.
Effect of discharge in bankruptcy on liability

for, see "Bankruptcy,” $ 2.
Liability of master for assault by servant on See "Beneficial Associations"; "Building and

third person, see “Master and Servant," 10. Loan Associations"; "Exchanges”; “Joint-
Opinion evidence, see "Evidence,” $ 10.

Stock Companies.”
§ 1. Civil liability.

Inadequacy of legal remedy as affecting jurisdic-
*Evidence held to show in an action for as-

tion of equity to compel reinstatement of mem-
sault that there was no justification on the Pleading in suit' to compel reinstatement of

ber, see "Equity," $ 1.
ground of self-defense.—Monize V. Begaso
(Mass.) 460.

member, see "Equity," $ 2.

*A court has jurisdiction in equity, to compel

the reinstatement of a person wrongfully ex-

pelled from membership in a voluntary associa-
Of benefits and damages from construction of tion.—Mesisco v. Giuliana (Mass.) 907.

levee, see “Levees."
Of compensation for property taken for public
use, see “Eminent Domain," $ 3.

Of damages, see “Damages, $ 3.
Of expenses of public improvements, see "Drains," As to facts in charge to jury, see "Trial," $ 5.
$. 2; “Highways," $ 3; “Municipal Corpora- Of risk, application of doctrine to relation be-
tions," 88 8, 9.

tween landlord and servant of tenant, see
Of tax, see "Taxation," $ 3.

"Landlord and Tenant," $ 1.
Of risk by employé, see “Master and Servant,"

88 5, 9.
Of partnership, see “Partnership,” 88 1, 2.


See "Execution"; "Garnishment."

As excuse for failure of delivery by warehouse-
See "Appeal and Error,” S 12; "Criminal Law,” Conflicting jurisdiction of state and federal

men, see "Warehousemen."
8 15 ; *New Trial," & 1.

courts, see "Courts," $ 4.
In bastardy proceedings, see “Bastards,”_$ 1. Exemptions, see "Exemptions."
Presentation in brief, see "Appeal and Error,"
$ 13.

§ 1. Levy, lien, and custody and dis-
Waiver in appellate court, see "Appeal and Er-

position of property.
ror," 8 26.

An attachment issued by a federal circuit

court held to have the effect of bringing prop-

erty of the defendant corporation within the

constructive custody of the court.---Beardslee v.
Fraud as to creditors, see "Fraudulent Con- Ingraham (N. Y.) 476.

In bankruptcy, see "Bankruptcy," § 1.
Release of assignor from personal liability on

discharge in bankruptcy, see "Bankruptcy,”

Of will, see "Wills," $ 3.
* Point annotated. See syllabus.

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ATTORNEY AND CLIENT. bankrupt to recover personal property under an

alleged sale by the bankrupt, which defendant
Argument and conduct of counsel at trial in claimed constituted an unlawful preference, evi-
civil actions, see "Trial," $ 3.

dence tending to show that plaintiff was in-
Arguments and conduct of counsel at trial in vestigating the financial standing of the bank-

criminal prosecutions, see "Criminal Law," rupt immediately prior to and continuously up
$ 8.

to the time the bill of sale was executed held
Attorney's fees as damages on dissolution of admissible. - Capital Nat. Bank v. Wilkerson
injunction, see “Injunction," $ 4.

(Ind. App.) 258.
Attorney's fees on claim against decedent's es Under Nat. Bankr. Act July 1, 1898, c. 541,

tate, see "Executors and Administrators,” | 8 60b, 30 Stat. 562 [U. S. Comp. St. 1901, p.
$ 3.

3445), a creditor of an insolvent debtor, charged
Competency of attorney as witness, see “Wit- with receiving a preference within four months
nesses," $ 1.

prior to the adjudication in bankruptcy, with
Expert testimony as to value of attorney's knowledge of some fact or facts, at the time of
services, see "Evidence," 8 10.

receiving the preference, calculated to put a
Harmless error in argument of counsel, see prudent man upon inquiry, which if pursued
"Criminal Law," $ 15.

would lead to the belief that the debtor was
Liability of infant for services of attorney, see insolvent, is within the rule of “reasonable
"Infants," § 2.

cause to believe," although he may not hare

absolute knowledge of the ultimate fact.-

Capital Nat. Bank v. Wilkerson (Ind. App.)

Of agent, see “Principal and Agent," 88 1, 2. Under Nat. Bankr. Act July 1, 1898, c. 541,

$8 47e (2), 60b, and 67e, 30 Stat. 557, 562,

564 (U. S. Comp. St. 1901, pp. 3438, 3415,

3449), action of defendant trustee selling under
Use of highway, see “Highways," $ 4; "Munic- debtor for which plaintiff had brought replerin

order of federal court personal property of
ipal Corporations," § 11.

in a state court held not to justify the court in

striking out defendant's pleadings as for con-

tempt of court.-Capital Nat. Bank v. Wilker-

son (Ind. App.) 258.
Pleading matter in avoidance, see “Pleading,” A conditional sale of goods authorizing the
$ 2.

buyer to sell in the ordinary course of business

held fraudulent, and the goods having been re-

taken by the sellers while the buyer was insol-
See "Arbitration and Award,” $ 2.

vent, the sellers thereby acquired an unlawful
preference, recoverable by the buyer's trustee

in bankruptcy.-West v. Fulling (Ind. App.)


Certain property held within Bankr. Act, U.
See “Carriers," § 2; "Warehousemen.”

S., July 1, 1898, Č. 541, $ 70a (5), 30 Stat. 565
The buyer of a windmill, having elected to [U. S. Comp. St. 1901, p. 3451), including in
reject the same within the time provided by the the property which passes to the trustee that
contract, held not liable for subsequent damages which might have been levied upon and sold
to the mill not caused by his willful act.-Ål- under judicial process.-Clark Williams
lyn y. Burns (Ind. App.) 636.

(Mass.) 723.

In a suit by a trustee in bankruptcy to

recover property purchased by the bankrupt and

conveyed to his wife, certain evidence held
See "Elections," § 1.

immaterial.—Clark v. Mulcahy (Mass.) 236.

In a suit by a trustee in bankruptcy to recover

property purchased by the bankrupt and con-

veyed to his wife, the bankrupt's ledger held

inadmissible.-Clark v. Mulcahy (Mass.) 236.
Fraudulent preference by bankrupt as ground
of equitable jurisdiction in general,

In a suit by a trustee in bankruptcy to recorer
“Equity," 8 1.

property purchased by the bankrupt and con-
Jurisdiction of equity to compel reinstatement veyed to his wife, certain evidence held too
of member, see “Equity," $ 1.

remote on the issues of financial condition at
Liabilities of sureties on poor debtor's bond as that time and of his intent.-Clark v. Mulcahy.
affected by bankruptcy of debtor, see “Execu-(Mass.) 236.

tion," 2.
Right to jury trial in proceedings to set aside 8 2. Rights, remedies, and discharge of

preferences by bankrupt, see "Jury," § 1.

Under Bankr. Act. July 1, 1898, c. 541, $ 17,
Validity of unrecorded chattel mortgage as

30 Stat. 550 [U. S. Comp. St. 1901, p. 3428), a
against trustee in bankruptcy, see "Chattel bankrupt's discharge held not to relieve him
Mortgages," $ 3.

from a judgment for damages for assault, false
$ 1. Assignment, administration, and imprisonment, and malicious prosecution, though

distribution of bankrupt's estate. the acts which were the foundation of such
A demand for the surrender of preferences judgment were not malevolent in fact.-MC-
given by a bankrupt to certain of his creditors Christal v. Clisbee (Mass.) 511.
held not a condition precedent to the right of Under Bankr. Act, July 1, 1898, c. 541, & 63,
the bankrupt's trustee to recover the same, under 30 Stat. 562 [U. S. Comp. St. 1901, p. 3447),
Bankr. Act 1898, c. 541, $ 60b, 30 Stat. 562 defendant held released by discharge in bank.
[U. S. Comp. St. 1901, p. 3445).-Boonville Nat. ruptcy from personal liability as drawer of an
Bank v. Blakey (Ind. Sup.) 529.

order assigning his salary to plaintif.- Mitchell
Under Nat. Bankr. Act July 1, 1898, c. 541, v. Leland (Mass.) 670.
$ Gob, 30 Stat. 562 [U. S. Comp. St. 1901, p. Under Bankr. Act July 1, 1898, c. 541, $ 16,
3445), in an action against the trustee of a 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428),

* Point annotated. See syllabus.


& surety, on a poor debtor's recognizance held

not discharged by the subsequent adjudication
of the debtor as a bankrupt.-Carpenter v. See “Associations."
Goddard (Mass.) 953.

Building or loan associations, see "Building
Claim for goods obtained under false state and Loan Associations."
ment held released by discharge in bankruptcy, Insurance associations, see "Insurance," § 11.
under Bankr. Act July 1, 1898, c. 541, 8$ 17, Pleading in suit to compel reinstatement of
63a, 30 Stat. 550, 562 [U. S. Comp. St. 1901, member, see "Equity," $ 2.
pp. 3428, 3447], where not reduced to judg-
ment before discharge in bankruptcy.-Tindle sociation being under its constitution its agents

The officers of local bodies of a beneficial as-
v. Birkett (N, Y.) 25.

to collect dues, held it was charged with their

knowledge when receiving dues that a member

had engaged in a more hazardous business.-

Brotherhood of Painters, Decorators and Paper-
Deposits in bank as trust fund, see "Trusts," hangers of America v. Moore (Ind. App.) 262.
8 5.

The provision of a beneficial association's con-
Fraud in issuance of bank stock, see "Fraud,” stitution, against recovery of benefits, held
8 1.

waived by its receiving dues from a member
Liability of bank for application of check with knowledge that he had engaged in a more
drawn by partner of new firm to payment of hazardous occupation.-Brotherhood of Paint-
overdraft due by old firm, see "Partnership,” ers, Decorators and Paperhangers of America
8 1.

V. Moore (Ind. App.) 262.
$1. Banking corporations and associa.

Rights of a member held not affected by the

change, after his injury, in a beneficial associa-
*The directors of a bank authorized to ap: Decorators and Paperhangers of America v.

tion's constitution.—Brotherhood of Painters,
point a cashier may properly intrust him with Moore (Ind. App.) 262.
the custody of the moneys and valuable papers,
and, if they exercise ordinary care, are not The complaint against a beneficial association
responsible for loss resulting from the wrongful held to allege a permanent disability.--Brother-
acts of such cashier.-Mason v. Moore (Ohio) hood of Painters, Decorators and Paperhangers

of America v. Moore (Ind. App.) 262.
*The directors of a bank are not held as a
matter of law to know all of its affairs, and

such knowledge cannot be imputed to them for
the purpose of charging them with liability. See "Beneficial Associations."
Mason v. Moore (Ohio) 932.

Acceptance of as grounds of estoppel, see “Es-

toppel," 8 1.

As affecting compensation for appropriation

of property, see "Eminent Domain," 8 2.

From construction of levee, see "Levees."
Of action by former adjudication, see "Judg-

ment," $ 6.
Of action by limitation, see "Limitation of Ac-

tions," $ 3.

See “Wills."
Of dower, see "Dower," $ 2.


In civil actions, see "Evidence," § 4.
$ 1. Proceedings, ander bastardy laws. In criminal prosecutions, see "Criminal Law,”
*An appeal from an affirmance of a judgment

$ 5.
in bastardy by the Appellate Court will be dis-
missed where no error was assigned as to the

proceedings in the Appellate Court.-Kominski See "Gaming."
v. People (Ill.) 717.
$ 2. Property.

The right of an illegitimate child to inherit Of witness, see "Witnesses," $ 1.
from his father, under Burns' Ann. St. 1901, 8
2630a, held not affected by the fact that the
father's acknowledgement of the child occurred

prior to the enactment of the statute.-Town- See “Exceptions, Bill of.”
send v. Meneley (Ind. App.) 321.
On an issue as to what constitutes acknowl-

edgment of an illegitimate child within Burns'
And. St. 1901, § 2630a, relating to inheritance See "Pleading," $ 5.
by bastards, an instruction as to what would
constitute acknowledgment held not erroneous
as an invasion of the province of the jury.-

Daggy v. Wells (Ind. App.) 524.

Creation of estate by entirety by note and
*Burns' Ann. St. 1901, § 2630a, permitting mortgage to husband and wife, see "Husband
illegitimate children who have been acknowl and Wife," § 1.
edged by the father to inherit, held to apply to Effect of giving note as changing advancement
a case where the recognition was prior to the to loan, see "Descent and Distribution," $ 1.
statute.-Daggy y. Wells (Ind. App.) 524. False pretense in issuing check, see "False Pre-


Findings by jury in action on note, see “Trial,"

$ 11,

Harmless error in action on note, see "Appeal
See "Assault and Battery."

and Error," 8 23.
• Point annotated. See syllabus.

Of husband and wife, see "Husband and Wife,"

§ 5.
Payment by, see “Payment," 1.

See "Execution," 2.
Repetition of instructions in action on note, see

"Trial," $ 6.
Right of heir to maintain action on note pay.

able to decedent, see “Descent and Distribu- of bill of exchange or promissory note, see

tion," 8 1.
Sale by broker, see "Brokers," $ 2.

"Bilis and Notes," $ 3.

Of goods conveyed in fraud of creditors, see
$ 1. Requisites and validity.

"Fraudulent Conveyances," $ 1.
Where a mother gave money to her son as an
advancement, a note afterwards given to evi-

dence the advancement was without consider-
ation.—Baum v. Palmer (Ind. Sup.) 108. Bonds to prevent or discharge mechanic's lien,

A wife's note given as security for her hus see "Mechanics' Liens," $ 4.
band's debt is not valid unless there is a new Indemnity against mechanics' liens, see “Me-
consideration.—Widger v. Baxter (Mass.) 509. chanics' Liens," $ 6.

of municipal offices, see "Municipal Corpora-
Note given by wife to secure payment by

tions," $ 2.
husband of debt which has been discharged of surviving partner, see “Partnership," $ 3.
in insolvency held without consideration.-

On appeal, see “Appeal and Error," $8_6, 30.
Widger v. Baxter (Mass.) 509.

Parties entitled to sue on bond, see "Parties,"

$ 1.
§ 2. Negotiability and transfer.

*A note held not negotiable.- Rosenthal v. Restraining issuance of, see “Injunction," $ 2.
Rambo (Ind. Sup.) 404.

Sureties on bonds, see “Principal and Surety."
A note does not cease to be negotiable because
overdue.-Gardner v. Beacon Trust Co. (Mass.)


Declarations as evidence, see "Evidence," § 6.
§ 3. Rights and liabilities on indorse-

§ 1. Description.
ment or transfer.
Under Burns' Ann. St. 1901, 8 7517, the re- ing to certain partitions, "together with the

Where a deed divided a dwelling house accord-
newal, by the seller of a horse, of a warranty southern half of the land adjoining thereto," the
and agreement to take the horse back if he was land was divided by the same general partition
not satisfactory, held not to have prejudiced the line that divided the house, and extended in a
rights of an assignee of notes given for the pur- straight course to the end boundary lines.-
chase price.-Rosenthal v. Rambo (Ind. Sup.) Jeffrey v. Winter (Mass.) 282.
No equity attaches to an overdue note in favor grantee that part of a house southerly of the

Deed construed, and held to convey to the
of the true owner as against an innocent pur- line of the partition in each story.—Jeffrey v.
chaser from the fraudulent assignee of the true Winter (Mass.) 282.
owner.--Gardner v. Beacon Trust Co. (Mass.)

§ 2. Evidence, ascertainment, and es-
The rights of parties to a note given before

the negotiable instrument law (St. 1898, p. 492,

Bill in equity to locate boundary line held
c. 533; Rev. Laws, c. 73) took effect are to be not maintainable.-Livingston County Build-
determined without regard to such act. —Quimby ing & Loan Ass'n v. Keach (Ill.) 72.
v. Varnum (Mass.) 671.

Statement of owner of land on erection of

wall by adjoining owner, “We will give and
$ 4. Payment and discharge.

take," held relevant, in action involving boun-
Prior to the negotiable instrument law, one dary, as tending to show exchange sufficient to
who indorsed a note before delivery to the pay- support adverse possession.-Gray 5. Kelley

was a co-maker, and payment of the note (Mass.) 724.
by him extinguished it.—Quimby v. Varnum
(Mass.) 671.

Under Rev. Laws, c. 73, 88 67, 80, 81, 138,
one who indorses a note before delivery to the See "Conspiracy," § 1; "Torts."
payee, and subsequently pays the same, there-
by extinguishes the note, and it cannot be again

transferred or made the basis of an action.-
Quimby k. Varnum (Mass.) 671.

Of condition, see "Insurance," 88 4, 5.
8 5. Actions.

Of contract, see “Contracts," $ 4; "Sales," $ 3;
*Under Burns' Ann. St. 1901, § 367, makers of contract of employment of insurance agent,

“Vendor and Purchaser," $ 2.
of note may, by denying execution under oath,
cast on "plaintiff, though he is a bona fide pur- of covenant, see "Covenants," § 2; "Insur-

see “Insurance," § 1.
and delivery

of the note.-Godman v. Henby of warranty, see "Insurance,” $$ 4, 5; "Sales."
(Ind. App.) 423..

88 4, 6.
In an action on a note, execution of which
was denied under oath, evidence held insufficient

to show delivery of the note.-Godman v. Henby On appeal or writ of error, see "Appeal and
(Ind. App.) 423.

Error," § 13.
*A verified answer of non est factum re-
quires plaintiff to prove execution of a note.-

McCormick v. Higgins (Ind. App.) 775.

See "Exchanges."

8 1. Duties and liabilities to principal.

Notice by stockbroker to customer to take up
See “Exchanges.”

securities to avoid 'sale on account held insuf-
* Point annotated. See syllabus.


ficient, so that such sale, the customer having 1 8 1. Proceedings and relief.
failed to respond, constituted a conversion. In a suit to cancel a deed, a paragraph of
Content v. Banner (N. Y.) 913.

the complaint held to state a cause of action.-
*Sale of securities by stockbroker without Warner v. Jennings (Ind. App.) 1013.
notice to customer held a conversion.-Content
v. Banner (N. Y.) 913.

2. Compensation and lien.
In an action for broker's commissions, a para. See "Elections," § 1.
graph of the answer alleging collusion between
the broker and the proposed purchaser held to

state a sufficient defense.-McAfee v. Bending
(Ind. App.) 412.

See “Shipping."
A broker employed to sell a note and mortgage
for defendants, held not entitled to commissions ;
the proof failing to disclose a performance of his

engagement.-Wiggin v. Holbrook (Mass.) 463.

Applicability of instructions in action for ejec-
§ 3. Actions for compensation.

tion of passenger, see “Trial," $ 7.
A complaint for broker's services held sufficient Applicability of instructions in action for in-
after verdict, though it failed to allege that the juries to passenger, see "Trial," 8 7.
check tendered by the purchaser to defendant Examination of witness in action against, see
was indorsed in such form as to have enabled “Witnesses," $ 2.
defendant to obtain the money thereon.—McAfee Instructions in general in action for injuries to
v. Bending (Ind. App.) 412.

passenger, see “Trial," § 6.
A complaint in an action for broker's services Joint liability of railroad companies for in-
held sufficient after verdict, though it failed to juries to passenger in collision at crossings,
allege nonpayment by defendant of the amount see "Railroads," $ 5.
demanded.—McAfee v. Bending (Ind. App.) 412. Objections for purpose of review in action for

injuries to passenger, see "Appeal and Error,"

§ 4.
A transfer of funds of a building association

g 1. Control and regulation of common

by its treasurer to its secretary held to entitle
the treasurer to a credit therefor as against the sengers were employed to carry money held

Knowledge of a messenger company that mes-
association.-Indiana Trust Co. v. International not to render it a common carrier.-Haskell v.
Building & Loan Ass'n No. 2 (Ind. Sup.) 304.

Boston Dist. Messenger Co. (Mass.) 215.

*Messenger company held not a common car-

rier of things intrusted to messenger.-Haskell
See "Contracts,". $ 5; "Interest,” $ 1; "Me- v. Boston Dist. Messenger Co. (Mass.) 215.
chanics' Liens."

§ 2. Carriage of goods.
Applicability of instructions in action on, see

Under a contract of shipment of fruit, the
**Trial,” 8 7.
Assessment of damages for breach, see “Dam- presumptively the cause of the injury to the

shipper's failure to supply sufficient ice held
ages," $ 3.
Completion of work under as question for jury, on the carrier's part.-Chicago, I. & L. Ry.

fruit, in the absence of evidence of a default
see "Trial, 8 4.
Construction of instruction in action on, see

Co. v. Reyman (Ind. Sup.) 970.
"Trial," $ 9.

*In an action for negligent delay in transport-
Evidence of res gestæ in action on, see “Evi- ing theatrical properties, the measure of dama-
dence," $ 3.

ges determined.-Weston v. Boston & M. R.
Examination of witness in action on, see "Wit- R. (Mass.) 1030.

nesses," $ 2.
Harmless error in action on, see "Appeal and $ 3. Carriage of live stock.
Error," $ 22.

Failure of plaintiff's agent to tear off placards
Instructions in action on, see “Trial," 8 5. labeled "Southern Cattle" from cars in which

plaintiff's cattle were shipped held not such con-

tributory negligence as to reduce the damages

recoverable against a railroad for wrongfully
Sales of stocks of goods in bulk in fraud of using such placards, and thereby indicating that
creditors, see “Fraudulent Conveyances,” § 1. plaintiff's cattle were diseased. —Wabash Ř. Co.

v. Campbell (11.) 346.

On the issue of damages for the negligence of

a railroad in shipping cattle in cars erroneously
Of corporations in general, see "Corporations,” placarded "Southern Cattle," thereby indicating
§ 2.

that the cattle were diseased, evidence as to what
Of municipal corporation, see "Municipal Cor- the cattle subsequently sold for was properly ex-
porations," $ 1.

cluded.—Wabash R. Co. v. Campbell (ill.) 316.

Measure of damages for negligence of railroad

in shipping cattle in cars erroneously placarded

“Southern Cattle" defined.— Wabash R. Co. v.
Computation of time, see "Time.”

Campbell (I11.) 346.

Where a railroad erroneously placarded cars
CANCELLATION OF INSTRUMENTS, carrying cattle “Southern Cattle,” thereby in-

dicating that the cattle were diseased, the ques.
See "Quieting Title"; "Reformation of In- tion whether plaintiff's agent used proper efforts

to reduce the damages arising from such erro-
Rescission of contract, see "Contracts," $ 3; neous placarding was one of fact.-Wabash R.
"Exchange of Property.”

Co. v. Campbell (111.) 346.
* Point annotated. See syllabus.

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