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the jury is, whether the defendant used force and violence upon the per-
Bon of the plaintiff in excess of what was reasonably necessary, under
the circumstances, to safely detain and keep him; and, if there was no
such excess, there can be no recovery, provided the circumstances were
such as to justisv the arrest, though it was subsequently ascertained
that the plaintiff was not guilty of the crime of which he wa
accused. (Diers v. Mallon, 598.)

See Arresto

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See Landlord and Tenant, 1, 2; Real Property, 4-6.

See Injunctions, 6; Mortgages, 9.

See Master and Servant; Railroads, 25.

See Descent; Equity, 3; Vendor and Purchaser, 10.

FORMER JEOPARDY.-One who procures a reversal of a judge
ment of conviction waives his right of objection to a second trial, on
the ground that he has been once in Jeopardy. (McGinn V. State


1. FRAUD IS A QUESTION OF FACT, and, when essential to a

cause of action, must be found as a fact, and not left to be inferre!
as matter of law. (National State Bank v. Vigo County Nat. Bank.

necessary to allege or prove a ecienter. Therefore, evidence of other
false representations made by the defendant respecting the same mat-
ter, at or about the same time, but to another person than the plaintiff,
is not admissible. (Johnson v. Gulick, 629.)
See Assignment for the Benefit of C: editors, .7; Injunctions, 2; Judg.

ments, 7; Marriage and Divorce.

1. FRAUDULENT CONVEYANCES.—To avoid a conveyance as
fraudulent, the complaint must expressly charge that the instrument

was executed with a fraudulent intent. (National State Bank v.
Vigo County Nat. Bank, 830.)

TWEEN THE PARTIES.-A conveyance made to hinder, delay, or de-
fraud the grantor's creditors is valid between the parties thereto when
there is a consideration to support it. (Bradtfeldt v. Cooke, 701.)

CREDITORS.—There is a marked distinction between contracts which
are void ab initio, and those which are void only as to third persons.
A fraudulent conveyance is not void, but merely voidable at the suit of
the creditor, and is, therefore, capable of ratification. (Bradtfeldt
v. Cooke, 701.)

piece of land, for the purpose of defrauding his creditors, conveys an-
other piece, in which he has no interest, and takes from his grantee, at
the same time and as part of the same transaction, a note, and a mort-
gage on the first piece of property to secure its payment, there is a con-
sideration for the note and mortgage, and the contract is enforceablo
between the parties thereto. (Bradtfeldt v. Cooke, 701.)

See Carriers, 4, 15, 16; Interstate Commerce. 6.

See Attachment, 4, 5; Carriers, 17; Interstate Commerce, &

GIFTS, EVIDENCE TO DISPROVE.-The fact that the grand-
father of a minor having funds of the latter in his hands, and making
expenditures for her benefit, keeps an account in which all such expen-
ditures are charged against her, is sufficient to rebut any presumption,
or loose declarations, tending to show that such expenditures were made
by way of gifts. (Gllfllen's Estate, 760.)

ALS.-If a member of an insolvent banking firm sends to the cash-
ier of another bank, holding a large amount of commercial paper
indorsed by sucb firm, a writing authorizing his copartner to use
the name of the writer, "as one of the firin, as Indorsers on paper"
sent to such cashier to renew the indorsed paper, such writing
authorizes the continuance of the use of the firm name as Indorser,
and is not confined to renewals of the particular paper held by the
bank at the time it was given, but invests the copartner to whom It
was given with power to continue such renewals until the paper can
be retired by collection. (First Commercial Bank v. Talbert, 385.)

BANK.--A national bank which is the reorganizaton of a state bank,
with the same assets, labilities, officers, and stockholders, retains
its identity, so that a guaranty of payment made to the state bank
can be enforced by the reorganized bank. (First Commercial Bank
V. Talbert, 385.)

3. GUARANTY, ASSIGNMENT OF.-If a person guarantees the
payment to a corporation of any and all indebtedness or liability
then or thereafter owing to it from another designated person, and
Botes subsequently executed by the latter to the former are assigned

by him, together with all securities he may hold securing any prop erty or indebtedness, the assignee is entitled to the benefit of the guaranty and may maintain an action thereon against the guarantor. (Anchor Investment Co. v. Kirkpatrick, 417.)


a funds of a minor makes such use of them as he ought to have made bad he been a regularly appointed guardian, and such as any orphars' court having jurisdiction would have authorize l him to make, he will, on sube sequently being sued, or otherwise called to account, by such minor. he allowed credits for all sums 80 expended. (Gilillen's Estate, 760.)

2. GUARDIAN AND WARD-RIGHT OF GUARDIAN TO REIMBURSEMENT.-A guardian has an equitable right to be reim. bursed for all reasonable expenses properly incurred in the execution of his trust, and they are a lien on the estate which he is not compelled to part with until his disbursements are paid. (Curran v. Abbott, 337.)

3 GUARDIAN AND WARD-LIEN FOR REIMBURSEMENT.A guardian has an equitable lien for reimbursement for expenses paid by him in procuring a judgment in favor of his ward's estate This lien extends to the judgment, and all persons dealing with refer ence to such judgment must take notice of the llen. (Curran . Abbott, 337.)

4. GUARDIAN AND WARD-ENFORCEMENT OF LIEN FOR REIMBURSEMENT.-An equitable lien of a guardian for reimburse ment for expenses paid in procuring a judgment in favor of his ward's estate may be enforced against sucb estate, although the ward has assigned his interest therein after reaching majority, and regardless of the question of fraud between the ward and his assignee. (Curran V. Abbott, 337.)

5. GUARDIAN AND WARD – ENFORCEMENT OF EQUI. TABLE LIEN FOR REIMBURSEMENT.-A guardian may enforce his equitable lien against his ward's estate for expenses paid in procuring a judgment in favor thereof, whether the guardian is persodally liable for such expenses, or liable therefor only in his fiduciary capacity. (Curran v. Abbott, 337.)

6. GUARDIAN AND WARD-LIEN FOR REIMBURSEMENT.If a guardian has an equitable lien for reimbursement from his ward's estate for expenses incurred in procuring a judgment in favor thereof, and has other funds in his hands besides such judgment, he may be compelled to exhaust such funds before resorting to the judgment for reimbursement. (Curran v. Abbott, 337.)

7. GUARDIAN AND WARD-LIEN FOR REIMBURSEMENTACCOUNTING.-A guardian can enforce against his ward's estate an equitable lien for reimbursement for expenses incurred by him in behalf of such estate, without an accounting and settlement of his guardianship, although the ward has become of full age. (Curras V. Abbott, 837.)

See Courts.

See Descent.

HIGHWAYS. 1. HIGHWAYS.-DASEMENTS OF ACCESS OF LIGHT AYT OF AIR are all confined to the street in front of the lot. When a

remote obstruction does not affect these, there is no injury In a legal sense, and though access to property is rendered more inconvenient or more circuitous by such obstruction, yet no right of action arises therefrom. (Dantzer v. Indianapolis etc. Ry. Co., 343.)

2. HIGHWAYS.-AN OBSTRUCTION of the easement of access need not always be upon the immediate front of the lot whose owner is affected. If the obstruction, though remote, renders access to the lot impossible, or impairs it in a substantial manner at the point where it abuts upon the street, the property right of the owner is invaded, and he may recover; but his recovery is limited to injury different in kind, and not simply in degree, from that suffered by the community in general. (Dantzer v. Indianapolis etc. Ry. Co., 343.)

3. HIGHWAYS-DAMAGES FOR OBSTRUCTION OF ACCESS. Mere inconvenience or disadvantage, so long as an obstruction in a street or highway complained of does not, in some substantial degree, impair or deprive the lotowner of the usual and ordinary means of access to his property, does not give a right of action, (Dantzer v. Indianapolis etc. Ry. Co., 343.)

4. HIGHWAYS-DAMAGES FOR OBSTRUCTION OF ACCESS. Inconvenience of access, arising from obstructions in the side of the street remote from the property obstructed, is damnum absque in. Juria. (Dantzer V. Indianapolis etc. Ry. Co., 343.)

5. HIGHWAYS - OBSTRUCTION TO ACCESS — DAMAGES.Whether one whose access to his property has not been cut off by the vacation of part of a street has suffered legal injury therefrom for which he may recover is a question of law. The degree of injury suffered is a question of fact. (Dantzer v. Indianapolis etc. Ry. Co., 343.)

HOMESTEADS. 1. HOMESTEAD.-AFTER A MORTGAGE IS MADE to secure the purchase price of land, no homestead can be carved out of the property so as to impair the rights of the mortgagee. (Van Sandt v. Alvis, 25.)

2. MORTGAGE ON HOMESTEAD - RIGHT TO PERSONAL ACTION ON NOTE.-If a mortgage is executed by husband and wife upon a homestead, the mortgagee cannot bring an action and recover a personal judgment upon the mortgage note against the husband without foreclosure of the mortgage, on the ground that the mortgage lien is extinguished by failure of the mortgagee to present the claim against the estate of the deceased wife. (Hibernia Savings and Loan Society v. Thornton, 52.)

3. MORTGAGE UPON HOMESTEAD-DEATH OF SPOUSERIGHT TO FORECLOSE OR TAKE PERSONAL JUDGMENT.-II a mortgage is executed by husband and wife upon a homestead which is afterwards set apart to the surviving spouse, the mortgagee can neither maintain his action to foreclose, nor have a personal judgment against the survivor, unless he first presents his claim against the estate of the deceased spouse. (Hibernia Sav. ings and Loan Society v. Thornton, 52.)

4. HOMESTEAD – MORTGAGE OF - STATUTE OF LIMITATIONS.-If a purchaser of land, after giving a mortgage thereon for its purchase price, declares a homestead upon the mortgaged premIses, and then applies to the mortgagee for an extension of time, and gives a new note and mortgage upon the homestead premises for the amount of the debt without his wife joining therein, the second mortgage is void as against the wife, but the first mortgage, having been satisfied only for the purpose of giving effect to the 2. AN ACTION FOR THE ALIENATION OF A WIFE'S AF. FECTIONS is based on the loss of the consortium, and proof of actual pecuniary loss is not essential to recovery. (Adams v. Maia. 266.)

second one, 18, in equity, deemed to be and remain in force until the demand secured thereby is barred by the statute of limitations, and, as to the part not so barred, it may be foreclosed against the home stead. (Van Sandt v. Alvis, 25.)

5. MORTGAGE OF HOMESTEAD FOR UNPAID PURCHASE MONEY NOT SIGNED BY HUSBAND.-If land is purchased by contract, the purchaser using it as a homestead, and the vendor retaining the legal title as security for the unpaid purchase money, and subsequently, at the request of the purchaser, executing to the latter's wife a warranty deed to the land, she at the same time, and as part of the same transaction, executing to the vendor a mortgage on the land to secure such unpaid purchase money, such mortgage is valid, as security for the payment of such money, though not signed by the husband, and given to secure other and additional indebtedness of hia (Roby V. Bismarck Nat. Bank, 633.)

6. MORTGAGE OF HOMESTEAD FOR UNPAID PURCHASE MONEY, executed by the fee owner, need not be signed by the husband or wife of such owner; and if such mortgage is given in part to secure indebtedness other than the purchase money, it is valid to the extent of the purchase money, though vaid ay to the residue. (Roby v. Big manck Nat. Bank, 633.)

HOMICIDE. 1. CRIMINAL LAW.-THE CORPUS DELICTI IN MURDER consists of two elements, viz: the death and the criminal agency of another in causing it. (Campbell v. People, 134.)

2. CORPUS DELICTI.-CIRCUMSTANTIAL EVIDENCE may be sufficient to establish the fact of death in prosecutions for mur. der, as well as all the other elements of corpus delicti. (Campbell V. People, 134.)

See Accessaries, etc.; Arrest, 5, 8.

See Innkeepers.

HUSBAND AND WIFE. 1. HUSBAND AND WIFE.-AN ACTION FOR THE ALIENA. TION OF A WIFE'S AFFECTIONS may be maintained without proof of adultery. Such an action, whether adultery is charged or not, is an action for seduction, and the wife is, under the statute, incompetent as a witness in such cases. (Adams v. Main, 266.)

3. EVIDENCE.-IN AN ACTION FOR THE ALIENATION OF A WIFE'S AFFECTIONS, after the husband, who 18 plaintiff, has shown that, wbile the children were sick, their mother left them, and accompanied the defendant to places of amusement, it is proper to exclude testimony of a general character as to how the plaintiff's wife treated her children. (Adams v. lain, 266.)

4. EVIDENCE.-IN AN ACTION FOR THE ALIENATION OF A WIFE'S AFFECTIONS, it is harmless error, if any, to permit the husband, who is plaintiff, to ask a witness if she had ever heard the neighbors talk about his wife and the defendant going to a show, if a negative reply is given. (Adams V. Main, 266.)


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