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.
830.)

2. IN AN ACTION FOR FALSE REPRESENTATIONS, it is not
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.

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

GUARANTY.
1. GUARANTY, CONTINUING – INDORSEMENTS – RENEW.
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.)

2. GUARANTY, CONTINUING REORGANIZATION OF
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

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.

HEIRS.
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

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.)

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.)

5. INSTRUCTIONS.—IN AN ACTION FOR THE ALIENATION OF A WIFE'S AFFECTIONS, where the husband is plaintiff, it is