« EelmineJätka »
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
mm 350(8) (Tex.Civ.App.) In suit on guardian-
wherein the that guardian had failed to account for guard-
ianship fund, there was no necessity of sub-
vis y. White, 207 S. W. 679.
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
S. W. 679.
| employé comprehended danger had previous-
Jy been submitted, such issue completely cov-
ering that refused.-San Antonio Portland Ce-
tion was in the negative form.--Sherrill v. Un-
ion Lumber Co., 207 S. W. 149.
cm 352(4) (Tex.Civ.App.) A special issue,
simply whether defendants were guilty of neg-
exception to it as not confined to negligence
I pleaded as well as shown by evidence.-Jamison
f m352(5) (Tex.Civ.App.) In an action for in-
juries resulting to live stock from delay in
and the muddy condition of the loading pens
as distinct acts of negligence, they require sub-
mission as distinct and separate special issues,
unless the pens' condition is proved merely to
In an action for damages resulting only from
main in the carrier's muddy pens, there was no
of the pens upon which no independent damage
was sought, as special issue where the jury
were instructed to determine if such condition
caused the delay.-Id.
X. TRIAL BY COURT.
(A) Hearing and Determination of Cause.
Where probate court never authorized guard- tain advisory aid of jury upon such issue.-.
TROVER AND CONVERSION.
after the evidence is entirely made up by depo- I. CREATION, EXISTENCE, AND VA-
(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
the donor; language showing unequivocally an
intention on his part to create a trust being es-
sential under the first method, but not under
the second and third.-Samuell v. Brooks, 207
On 44(3) (Mo.) Trust in personalty created by
a definite beneficiary can be enforced only on
evidence so clear, full, and demonstrative as
to banish any reasonable doubt as to the ex-
istence of every essential element.-Harding V.
Om 59(1) (Mo.) Executed trust created in per-
gages, m 177; Judgment, 802: Landlord / veyance to a definite beneficiary is irrevocable.
though voluntary.-Harding v. St. Louis Union
Trust Co., 207 S. W. 68.
Where decedent, about to travel, wrote son
that, if anything occurred to him, he had placed
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.
balf the consideration for land in which he
was to have an undivided half interest, title
holder to hold in trust for him, and the title
holder conveved the land by absolute deed to
interest, agreed orally to hold as his trustee,
Ja trust resulted in plaintiff's favor, valid un-
| der the statute of frauds (Kirby's Dig. & 3666).
-Davis v. Dickerson, 207 S. W. 436.
(C) Constructive Trusts.
Cm921/2 (Ark.) Kirby's Dig. $ 3666, providing
fers only to express trusts, and has no refer-
ence to trusts ex maleficio.-Barron v. Stuart,
207 S. W. 22.
w96 (Ark.) Where a' trust ex maleficio is
based on a promise, the promise need not be
lent acquiescence may have the same effect.--
Barron v. Stuart, 207 S. W. 22.
97 (Ark.) If a testator is induced to make
acy to a certain trust, a secret trust is cre-
44, 295, 333; Election of Remedies, C 7 ; 1 tained in accordance with his promise, not-
Tex maleficio must establish the same by clear
TURNPIKES AND TOLL ROADS.
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
207 S. W. 213.
en 372(1) (Tex.Civ,App.) The burden is upon
the party claiming a resulting trust in land
TION, AND MAINTENANCE.
31 (Ky.) In turnpike company's stockhold.
ers' action for settlement of affairs and distri-
charged with full amount that had been due
from county, though settlement was made for
reduced amount, where deduction was for divi-
dends due county and could have been credited
I stockholders being entitled to full amount.
Hustonville & Coffey's Mill Turnpike Road
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.
39 (Ark.) 'On a breach of trust, the bene. See Negligence, 23.
(B) Right to Follow Trust Property or
perty or UNITED STATES FOOD ADMINISTRA-
II. PENALTIES AND FORFEITURES,
Cu 140 (Tex.Civ.App.) The maker of notes
was who has paid nothing thereon cannot sue the
art. 4982, where another has assumed payment
of the notes; such action being maintainable
359(2) (Tex.Civ.App.) Perfect or complete Guaranty State Bank of Quanah, 207 S. W.
366(3) (Ark.) In a suit' to quiet title if it See Constitutional Law, C 84, 255; Schools
VENDOR AND PURCHASER. was placed in the stream while such vep:lors
owped the land.-Id.
(C) Bona Fide Parchasers.
www 232(3) (Ark.) Defendant, in injunction set-
ting up a right of possession under a prior un-
recorded lease, adverse to record owner of fee,
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
notice when she purchased her son's interest of
the second wife's claim, and not having paid
valuable consideration.-Johnson v, Johnson,
243 (Ark.) Actual notice may be proved by
notice.-Staples v. Freeman, 207 S. W. 433.
On 244 (Ark.) In action by a purchaser having
record title to enjoin trespass by defendant
claiming under a prior urecorded lease from
the same vendor. evidence held to sustain
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.--
(B) Action» for Purchase Money,
320 (Tex.Civ.App.) Where notes given for
usual stipulations regarding payment of attor-
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.-
(A) Recovery of Purchase Money Paid.
334(1) (Tex.Civ.App.) Where vendor agreed
to sink well and provide irrigation plant by
tain date, purchaser was entitled to recor-
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,
vendor 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 samo 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; 207 S. W. 351.
See Criminal Law, C881-884; Trial, w327–
em 4 (Mo.App.) The war measures embodied in
n 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.
4 (Tex.Cr.App.) The state Legislature
cannot, on the ground of military necessity,
pass a general prohibition law, under Const.
art. 16, § 28, military affairs being matter for
the federal government to attend to.-Ex parte
Myer, 207 S. W. 100.
| WATERS AND WATER COURSES.
See Constitutional Law, 80; Continuance,
m36; Corporations, 394; Drains;
Easements, 58; Injunction, w74; Mu-
nicipal Corporations. Om682; Pleading, men
248; Railroads, om113, 114, 194; Trial, Om
194, 253, 295; Vendor and. Purchaser, mm
218, 334, 339.
IV. NATURAL LAKES AND PONDS.
Om IIT (Tex.Civ.App.) Where original bound-
arv followed lake meander line and waters re-
ceded imperceptibly, the water's edge was the
boundary.-Chew v. De Ware, 207 S. W. 988.
V. SURFACE WATERS.
om 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,
Om 179 (6) (Mo.App.) Evidence, in action
ment sliding into stream, held sufficient to go
IX. PUBLIC WATER SUPPLY.
210 (Tex.Civ.App.) In action against city
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.
77 (Tex.Civ.App.) In suit on notes secured