DEEDS.-Continued.

when retention of deed and control of property by grantor
are inconsistent with delivery.....

PAGE.

261

261

bill to set aside deed should make all persons parties who
are entitled to share in the land.....
voluntary conveyances in hands of the grantees after the
grantor's death are presumed to have been delivered.. 440
a deed will not be reformed in equity unless the mistake
is established by clear proof....

a court of equity will not aid a grantor, or those in privity
with him, to regain title after the unlawful purpose for
which deed was made is accomplished..

DEFENSES.-See ACTIONS AND DEFENSES.

DEFINITIONS.

annuity defined....

DELIVERY.-See DEEDS.

DEPOTS.-See RAILROADS.

DESCENT.

440

440

185

effect upon residuary bequests where husband, who is one
of the residuary legatees, renounces provisions of will. 47
degree of relationship is not affected by the fact that it
may be traced through two lines....
when provisions of section II of the Statute of Descent
have no application to legacies or devises......
party cannot take under will and in opposition to it.
section II of the Statute of Descent cannot be held to ap-
ply, generally, to benefit certificates.....

47

147

.....

147

401

DISCONNECTION OF

TERRITORY.-See MUNICIPAL

CORPORATIONS.

DOGS. See ANIMALS.

DRAINAGE.-See SANITARY DISTRICTS.

85

the decision of drainage commissioners upon objections to
classification is reviewable by county court..........
original classification fixed by the drainage commission-
ers is final as to owners not appealing....
effect of construction of ditch and branches by voluntary
action-easement for ditch of size assented to, exists.. 114

.... 85

DRAINAGE.-Continued.

....

PAGE.

85

114

an appeal from commissioners' decision on objections to
classification operates as a supersedeas as to the lands
of those appealing.....
district organized under section 76 of Farm Drainage act
must pay for additional land needed for ditches....... 114
measure of damages where district organized under sec-
tion 76 takes additional land for its ditches.......
facts essential to jurisdiction of county court to organize
drainage district must appear of record......
petition to organize drainage district must be such as the
law prescribes-law in force when the petition was filed
governs sufficiency of the petition...
description of starting point and route of proposed ditches
is an essential element of a petition under the Levee
act of 1885......

... 251

.... 251

writ of error is not barred by delay short of the statutory
period for prosecuting the writ......

right of land owners to writ of error though part of them
were relators in a quo warranto information which they
did not file in time.....

251

251

when it is error to recall the condemnation jury to hear
question of assessment of benefits......

251

.. 306

land owners have right to participate in selection of jury
to hear question of assessment of benefits....
when land owners need not show, on appeal, that error in
selecting jury was harmful.....

306

306

.... 333

under section 58 of Levee act a proceeding to annex lands
to a district in two or more counties must be brought
in the county where the district was organized........ 332
fact that a district lying in two counties may be sued in
either does not affect the jurisdiction to annex lands
under section 58 of the Levee act......
powers of drainage district-drainage district has power
to make contracts necessary to enable it to exercise its
powers and perform its duties.....
480
contract by commissioners is not unauthorized unless sub-
ject matter is wholly foreign to purposes of district... 480
when subject matter of contract by drainage commission-
ers is not foreign to purposes of district....
when validity of a stipulation by commissioners must be
tested as of the time it was filed....

480

amount of assessment is limited by the benefits derived-
classification merely fixes the proportion of assessment
which the lands shall bear...

480

578

DRAINAGE.—Continued.

PAGE.

480

when stipulation between drainage commissioners and At-
torney General for dismissing bill is binding.......
when objection that drainage assessment exceeds benefits
may be made on application for order of sale....................... 578
land owner has a right to impeach certificate of levy on
application for judgment and order of sale.....
there can be no valid levy of a drainage assessment to pay
for an obligation which has no existence....
digging new ditches and deepening and widening old ones
is not repair work-section 70 of Farm Drainage act,
as to deficiency in payment for repairs, construed..... 578

DRAM-SHOPS.

578

578

the act of 1911, prohibiting sale of liquor near a soldiers'
and sailors' home, is not invalid....
what condition furnishes valid reason for excluding dram-
shops from a neighborhood-license to keep dram-shop
is not a contract...

552

regulation of sale of intoxicating liquor by general law is
within the police power of the State....

EASEMENTS.

552

.. 552

construction of drainage ditch and branches by voluntary
action of the land owners raises an easement for ditches
of the size assented to.....

EJECTMENT.

.... 114

...

conditions subsequent are not favored but are lawful if
not opposed to public policy-when a deed to land for
depot sites is upon condition subsequent......
when conditions in deed to railroad company are not per-
sonal to grantee but are in the nature of covenants run-
ning with the land......

ELECTIONS.

93

... 93

judgment of county court on contest of primary election
is final as to all questions involved, including the ques-
tion of jurisdiction...

138

234

board of election commissioners has power to draw war-
rants on county treasurer in certain cases......
item of county tax levy "for warrants of board of elec-
tion commissioners" applies only to election expenses.. 234
respondent in quo warranto proceeding attacking organi-
zation of village need not show that the notices of elec-
tion remained posted for fifteen days.....

597

EQUITY.

when delay in filing bill for specific performance does not
defeat right to relief-what is not such fraud by com-
plainant as bars right to relief.....

fact that husband or wife does not sign contract to convey
in the future does not make it unenforceable......
section 253 of Revenue act contemplates that evidence of
all steps in proceeding to foreclose tax lien may be pre-
served in the record of such proceeding.....
equity has jurisdiction, after entering decree foreclosing
tax lien, to find that the provisions of section 216 of the
Revenue act have been complied with......
effect of decree foreclosing tax lien-such decree is with-
in the rules governing collateral attack......
a contract to convey land must describe the land so that
it may be located-what description is not sufficient to
authorize specific performance.

presumptions are in favor of jurisdiction when a judicial
sale is collaterally attacked...............
sale by executor for his own benefit is not void but void-
able-when sale by executor will not be set aside after
the lapse of many years.....

when legal titles will not be disturbed by a court of equity
after the lapse of many years....
complainant not entitled to specific performance if he is
in default himself-contract must be fair and free from
misrepresentation....

a deed will not be reformed in equity unless the mistake
is established by clear proof......
equity will not aid a grantor, or those in privity with him,
to regain title after the unlawful purpose for which the
deed was made is accomplished......
when right to compel redemption and accounting because
trustee's sale under trust.deed was irregular is barred
by the complainant's delay......

PAGE.

.... 471

equity has power, in a proper case, to terminate a trust as
to part of the beneficiaries-when equity may terminate
trust as to residuary legatees...

ESTOPPEL.

602

when land owners may maintain writ of error though part
of them were relators in an information in quo war-
ranto which they did not file in time....

251

fact that customer gave stock broker an order does not
estop him from requiring proof that certificates of stock
were bought.....

288

ESTOPPEL.-Continued.
when State is not estopped to declare a breach of State
Treasurer's bond-what does not release surety on the
State Treasurer's bond......

...

a fraudulent intention is not essential to the doctrine of
estoppel-an estoppel may arise from silence as well as
from words.....

PAGE.

378

511

a party seeing another about to infringe upon his rights
should assert them......
when owner of land under unrecorded deed is estopped to
complain that he was not made a party to a proceeding
to open a new road......

when party in possession by tenant must assert title..

EVIDENCE.

what proof does not show that there has been no breach
of condition subsequent requiring railroad company to
build and maintain depots.....

511

511

93

presumption that a deed was delivered on its date is re-
buttable-what rebuts such presumption..

105

when it is presumed that all streets and alleys of a sub-
division have been accepted...

105

ordinance recognizing legal existence of an alley is evi-
dence of acceptance by the city.....

106

rule as to admitting parol proof where a general judg-
ment is entered on several distinct demands-when for-
mer recovery is not a bar......

131

evidence must be convincing to establish an adverse equi-
table title-when legal titles will not be disturbed after
the lapse of many years.

147

.........

147

• 155

what not sufficient to show partnership in land....
a party cannot regulate his conduct solely upon presump-
tion that others will perform duties imposed upon them. 154
it is error to permit a witness to give an opinion upon the
very fact the jury is to determine.....
when presumption of death arises-such presumption is
rebuttable-time when it is presumed that the death oc-
curred what circumstances considered............ 179
what circumstances do not justify an inference that death
occurred before seven years from disappearance....... 179
extent to which husband of deceased grantor may testify
as to delivery of deed by her....

260

what facts do not show that deed was delivered by grantor
with intention of immediately vesting title.....
when evidence of conversations between victim of assault
and persons not defendants is admissible....

260

... 266