For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER such had been turned over to plaintiffs, in ac- ant's roadbed from excessive rains, since it might be found that, in the exercise of ordi- vided against such rains, and particularly Om 350(8) (Tex.Civ.App.) In suit on guardian. Om 351(2) (Tex.Civ.App.) Where case is sub- mitted upon special issues, failure to submit an issue does not present a ground of reversal, unless its submission has been requested in ly been submitted, such issue completely cov- en 352(4) (Tex.Civ.App.) A special issue, simply whether defendants were guilty of neg. exception to it as not confined to negligence as distinct acts of negligence, they require sub- In an action for damages resulting only from error in not submitting the negligent condition was sought, as special issue where the jury were instructed to determine if such condition X. TRIAL BY COURT. Where probate court never authorized guard- tain advisory aid of jury upon such issue.-. LIDITY. (A) Express Trusts. beneficiary which restricts the use in such man- by conveyance or assignment to the donee, or ed by conveyance or assignment to the donee, or by transfer to third persons upon declared. terms, or upon declarations which fasten a beneficial interest, but retain the legal title in On 44(3) (Mo.) Trust in personalty created by a definite beneficiary can be enforced only on istence of every essential element.--Harding v. St. Louis Union Trust Co., 207 S. W. 68. Om 59(1) (Mo.) Executed trust created in per- gages, Omw 177; Judgment, 802: Landlord veyance to a definite beneficiary is irrevocable, Trust Co., 207 S. W. 68. Where decedent, about to travel, wrote son bonds in an envelope in a safety deposit box indorsed as the property of the son, there was no present irrevocable creation of a trust in (B) Resulting Trusts. access C63/2 (Ark.) Where plaintiff had furnished was to have an undivided half interest, title holder to hold in trust for him, and the title holder conveyed the land by absolute deed to interest, agreed orally to hold as his trustee, upon a trust resulted in plaintiff's favor, valid un- (C) Constructive Trusts. ww921/2 (Ark.) Kirby's Dig. $ 3666, providing fers only to express trusts, and has no refer- ence to trusts ex maleficio.--Barron v. Stuart, 96 (Ark.) Where a' trust ex maleficio is based on a promise, the promise need not be expressly made, for actual co-operation or si- lent acquiescence may have the same effect.--- Barron v. Stuart, 207 S. W. 22. 97 (Ark.) If a testator is induced to make a will by a promise, express or implied, on the part of the legatee that he will devote his leg- acy to a certain trust, a secret trust is cre- 44, 295, 333; Election of Remedies, C7; tained in accordance with his promise, not- ex maleficio must establish the same by clear a For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER or his heirs, if the trustee be dead, are neces- ment that the legal title was still in the al- the heirs of the cestui and a mere occupant or trespasser, that the cestui had before his death acquired the legal title.-McCoy V. Anderson, 207 S. W. 213. am 372(1) (Tex.Civ,App.) The burden is upon the party claiming a resulting trust in land TURNPIKES AND TOLL ROADS. I. ESTABLISHMENT, CONSTRUC- TION, AND MAINTENANCE. bution of assets, the company was properly charged with full amount that had been due from county, though settlement was made for reduced amount, where deduction was for divi- for settlement of affairs and distribution of as- sets, the company was properly charged with full amount of proceeds of sale of tollhouse, notwithstanding item in 1890 report reading "to amount collected on house and lot $275.00," company while testifying did not explain item or claim it referred to such sale.-Id. TURNTABLE DOCTRINE. UNITED STATES. UNITED STATES FOOD ADMINISTRA- TION. USE AND OCCUPATION. USURY. II. PENALTIES AND FORFEITURES, cm 140 (Tex.Civ.App.) The maker of notes who has paid nothing thereon cannot sue the 359(2) (Tex.Civ.App.) Perfect or complete Guaranty State Bank of Quanah, 207 S. W. 552. VACCINATION. 366(3) (Ark.). In a suit to quiet title if it See Constitutional Law, om 84, 255; Schools VENDOR AND PURCHASER. was placed in the stream while such vep:ors owned the land.-Id. (C) Bona Fide Purchasers. 232(3) (Ark.) Defendant, in injunction set. 18, ting up a right of possession under a prior un- recorded lease, adverse to record owner of fee, 7, 21, I had burden of establishing his right to posses- sion by showing that purchaser had actual no- tice thereof or knowledge of facts which would have led a man of ordinary prudence to in- quiries which, if pursued with reasonable dili- gence, would have informed purchaser of de- fendant's possession.-Staples v. Freeman, 207 S. W. 433. 236 (Tex.Civ.App.) First wife of decedent not a bona fide purchaser in good faith, having the second wife's claim. and not having paid valuable consideration, -Johnson v. Johnson, 207 S. W. 202. 243 (Ark.) Actual notice may be proved by notice.-Staples v. Freeman, 207 S. W. 433. Om 244 (Ark.) In action by a purchaser having record title to enjoin trespass by defendant claiming under a prior umrecorded lease from the same vendor, evidence held to sustain a VI. REMEDIES OF VENDOR. (A) Lien and Recovery of Land. though there is no express reservation of a lien either in notes themselves or in deed. OF CONTRAOT. (B) Actions for Purchase Money, 320 (Tex.Civ.App.) Where notes given for cept payment of the first note when it became his vendee were ready and able to pay, estop- ped the payee from claiming attorney's fees. 334(1) (Tex.Civ.App.) Where vendor agreed to sink well and provide irrigation plant by er amount paid on contract upon vendor's fail- ure to sink well by such date or within a rea- sonable time thereafter.-McDonald v. Whaley, vendo dor refused to sink well after purchaser had ering consideration paid, upon vendor's breach, For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER | ants residing in C. county that cause should be removed to that county, as alleged in their m503; Criminal Law, 122, 1117, 1150; 1 207 S. W. 351. VERDICT. See Criminal Law, m881-884; Trial, em 327– WAR. 4 (Mo.App.) The war measures embodied in | the rules of the Milling Division of the United States Food Administration did not invalidate prior contracts to purchase flour.-J. C. Lysle Milling Co. v. Sharp, 207 S. W. 72. Om 4 (Tex.Cr.App.) The state Legislature cannot, on the ground of military necessity, pass a general prohibition law, under Const. the federal government to attend to.--Ex parte WATERS AND WATER COURSES. See Constitutional Law, m 80; Continuance, 36; Corporations, 394; Drains; Easements, mm58; Injunction, m74; Mu- nicipal Corporations, am 682; Pleading, 248; Railroads, Oni13, 114, 194; Trial, Om 194, 253, 295; Vendor and. Purchaser, Om 218, 334, 339. IV. NATURAL LAKES AND PONDS. lli (Tex.Civ.App.) Where original bound- ary followed lake meander line and waters re- ceded imperceptibly, the water's edge was the boundary.--Chcw v. De Ware, 207 S. W. 988. V. SURFACE WATERS. 118 (Mo. App.) A railroad is not liable for flooding land, where it is caused by extraordi- VIII. ARTIFICIAL PONDS, RESER- VOIRS, AND CHANNELS, DAMS, AND FLOWAGE. em 179 (6) (Mo.App.) Evidence, in action ment sliding into stream, held sufficient to go to jury on the defense of extraordinary rain- IX. PUBLIC WATER SUPPLY. for ploughing up plaintiff's pipe lines, held, that allegation and proof of contract granting ex- | clusive privilege to operate water system was unnecessary to give plaintiff a remedy for con- version or wrongful injury to property, so that court erred in sustaining general exception to petition and entering judgment thereon.-Tem- pleton v. City of Wellington, 207 S. W. 186. While no action will lie if in order to main- tain it plaintiff requires aid from an illegal transaction, the fact that defendant city per- mitted water system equipment in its streets, whether under a void contract or by permis- sion, did not authorize a wanton or willful in- jury to it.--Id. WEAPONS. WEBB-KENYON ACT. |