PLEDGE, damages, measure of, for wrongful sale, 314.

delivery essential to, 314.

difference between, and mortgage, 313.

of certificates of stock, 313.

power of pledgee to sell, 314.

sale, if unauthorized, is a conversion, 314.

PRESUMPTION of resulting trust, 753, 755.

PROMISSORY NOTE, recovery by payee of original consideration, 73.

KENT, assignee of lease, liability for, 278.

interest on, 277.

RESULTING TRUST, against policy of law, 754.

arising from advancing purchase money, 752.

arising from conveyance without consideration, 758.

arising from part payment of consideration, 753.

arising when conveyance is made for illegal purpose, 756.

arising when conveyance is made for uncertain or indefinite purpose, 756.

arising when conveyance is made for purpose which fails, 757.

definition, 751.

distinction between, and constructive trust, 752.

in favor of grantor, 757.

in favor of alien, 754.

in personal estate, 756.

intention is essential element of, 752.

must arise eo instanti, 755.

none arising from purchase in name of person entitled to support, 754. none arising from purchase in name of son, 755.

none arising from purchase in name of wife, 754.

parol evidence to establish, 759.

presumption arising from payment of purchase money, 753.

where residuum remains after purpose of conveyance is accomplished,

757.

SPECIFIC PERFORMANCE of agreement not reduced to writing owing to fraud or fault of defendant, 144-146.

STATUTES, enrollment of, is an unimpeachable record, 617.

evidence by parol to show signing of, 618.

evidence respecting passage, 616.

journals as evidence of defects in passage of, 616–623.

STATUTE OF FRAUDS, where agreement was by fraud prevented from being put in writing, 145.

where there was an agreement that the agreement should be put in writing, 144.

STATUTE OF LIMITATIONS, enjoining pleading of, 700.

entry to avoid, 539.

fraudulent concealment to prevent running of, 583.
new promise, what sufficient, 332.

pleading in equity, 584.

BURETY, extension of time which will release, 124.

release of, by surrendering collateral securities, 303.

Vendor and VENDEE, misrepresentation as ground for avoiding sale, 722.

WATERCOURSE, interference with, on one's own land, 282.

WILL, attestation, proof of, 575.

declaration of testator, 594.

dower, barring by accepting devise, 579.
evidence to identify legatee, 594.

execution of, by what law governed, 574.

proving by one witness, 575.

WRIT OF ASSISTANCE, adverse possessor can not be turned out under, 152

against whom may issue, 155.

defined, 152.

in aid of purchaser at foreclosure sale, 154.

in aid of purchaser at tax sale, or his grantee, 154.

in aid of receiver, 153.

in aid of sequestration or injunction, 154.

notice of application for, 158.

object of, 152.

party in possession before suit, 152.

proceedings to obtain, 156, 157.

questions which will not be tried on application for, 153.

sheriff's duty under, 156.

when a proper remedy, 152.

who may issue, 158.

WRIT OF ERROR CORAM NOBIS, on account of insanity of defendant, 117,

INDEX.

ABANDONMENT.
See LANDLORD and Tenant, 6.

ABATEMENT.

See VENDOR AND VENDEE, 5.

ABORTION.

See CRIMINAL LAW, 4-8.

ABUSE OF PROCESS.
See PROCESS.

ACCEPTANCE.

See ASSIGNMENT OF CONTRACTS, 3; DEEDS, 3, 5, 9; Dower, 1; GuaranTY, &

ACCIDENT.
See EQUITY, 10.

ACCOMMODATION ACCEPTOR.

See NEGOTIABLE INSTRUMENTS, 5.

ACCOMMODATION INDORSERS.
See NEGOTIABLE INSTRUMENTS. 5.

ACCOMPLICES.

See CRIMINAL LAW, 2.

ACCORD AND SATISFACTION.

ACCORD AND SATISFACTION EXxecuted, THOUGH IN PAROL, IS GOOD DEFENSE to an action on a covenant in a sealed instrument, which sounds altogether in damages, although secured by a penalty. Cabe v. Jameson, 386.

ACCOUNT.

See EQUITY, 8; EXECUTORS AND Administrators, 19; Guardian AND WARD, 1; LIENS, 7; PARTNERSHIP, 3.

ACCOUNT STATED.

ACCOUNT STATED DOES NOT LIE FOR DAMAGES FOR BREACH of a contract, where there has been no actual settlement or adjustment between the parties. Fraley v. Bispham, 486.

ACKNOWLEDGMENTS.

See BANKRUPTCY AND INSOLVENCY, 3; Deeds, 8; MARRIED WOMEN, 15; STATUTE OF LIMITATIONS, 8-11, 14.

ACTIONS.

See ACCORD AND Satisfaction; ACCOUNT STATED; AGENCY, 13, 15; ASSUMPSIT; BAILMENTS, 1, 5, 6; BANKRUPTCY AND INSOLVENCY, 4; CASE; CONTRACTS, 2; CO-TENANCY; EJECTMENT; GAMING; GUARDIAN AND WARD, 4; HUSBAND AND WIFE, 10, 11; PARTNERSHIP, 4; PLEADING AND PRAOTICE, 1, 3; SLANDER; TRESPASS; TROVER; VENDOR AND VENDEE, 1, 2

1. TWENTY YEARS' ADVERSE POSSESSION OF LAND UNDER ADMINISTRATOR'S DEED BARS HEIRS, unless they were saved by infancy or coverture. Stevenson v. McReary, 102.

2. LAW PRESUMES GRANT TO ONE WHO HAS HAD FOR THIRTY YEARS Continuous adverse possession of land up to known and visible boundaries, and the jury ought, under such circumstances, to presume a grant. Doe ex dem. Wallace v. Maxwell, 380.

See POSSESSION, 6; Public Lands, 1; Statute of LIMITATIONS, 12–15.

AGENCY.

1. IF AUTHORITY OF AGENT IS PARTICULAR AND SPECIAL, it must be strictly pursued; and if the agent vary from it, his act is void as to his principal. Brown v. Johnson, 118.

2. Ir AGENT MISAPPLIES MONEY OF HIS PRINCIPAL, it is a fraud upon him, and if this be known to the party who receives it, he, too, is a participant in the breach of faith, and can not hold the money. Id.

8. WHERE AGENT'S AUTHORITY IS SPECIAL AND LIMITED, the party dealing with the agent must look to the extent of his power; if he permits the authority to be transcended, the loss will not fall on the party who gave the authority. (Per Clayton, J.) Id.

4. AGENT EMPLOYED TO BID FOR PARTICULAR PIECE OF LAND SOLD BY STATE has no authority to bid for another tract; and upon disaffirmance of the act by the principal, and an application before confirmation of the

sale, the principal has a right to have the sale rescinded and the money paid by the agent under the contract refunded. Id.

5. AGENT EXCEEDING HIS AUTHORITY IN MAKING PURCHASE is himself liable, but the opposite party should have the discretion either to affirm, or rescind for non-performance of the conditions of the sale. Id.

6. CONDUCT OF AGENT ONLY BINDS EMPLOYER when he acts within the limits of the power granted to him, and with reference to the subject-matter of the agency. Goodloe v. Godley, 159.

7. Agent's Authority to Make a Demand is ESTABLISHED by the principal founding a suit on the demand. Ham v. Boody, 235.

8. AUTHORITY OF AGENT TO MAKE DEMAND CAN BE QUESTIONED only at the time demand is made. Id.

9. ONE INDORSING BILL AS AGENT WHEN HE IS NOT SUCH is liable person. ally, although he do so bona fide. Bank of Hamburg v. Wray, 659.

10. INNOCENT MISTAKE OF INDORSER as to HIS BEING AGENT WILL NOT RE.
LIEVE him from personal liability. Id.

11. WILLFUL MISREPRESENTATION THAT ONE IS AGENT NEED NOT BE SHOWN,
to bind him personally to a contract he had no authority to make. Id.
12. RIGHT OF PARTY DEALING WITH AGENT WHOM HE SUPPOSES IS PRINCI-
PAL.-If a person sells goods, believing he is dealing with a principal, but
finds the person is but an agent for a third party, he may recover the pur
chase money from either principal or agent. Bacon v. Sondley, 646.
13. Vendor SUING AGENT IS ASSENT TO PRINCIPAL'S RESCISSION OF AGENT'S
PURCHASE.—If a principal rescind his agent's purchase, and the seller
sue the agent in trover, that act is an assent to the rescission. Id.
14. UPON AGENT'S DISCLAIMER OF PURCHASE ON HIS OWN ACCOUNT, made with
the consent of the seller, the principal having also disclaimed, the good.
sold will be in the possession of the agent on deposit for the seller, and
trover may be maintained for them. Id.

15. AGENT OF UNDISCLOSED PRINCIPAL MAY MAINTAIN AN ACTION in his own
name against a carrier for damages for loss of property he has agreed to
carry. Elkins v. B. & M. R. R. Co., 184.

16. POWER OF ATTORNEY TO COLLECT AND DISTRIBUTE MONEY IS NOT REV-
OCABLE after its execution by collection of the money. Watson v. Baga-
ley, 595.

See ASSIGNMENT FOR BENEFIT OF CREDITORS; ASSIGNMENT OF CONTRACTS,
2; COMMON CARRIERS, 5; CORPORATIONS, 1, 2, 6-8, 14; FACTORS; INSUR-
ANCE-FIRE; MARRIAGE AND DIVORCE, 3; POSSESSION, 2; SALES, 4;
STATUTE OF LIMITATIONS, 10, 13.

AMBIGUITIES.

See WILLS, 17.

AMENDMENTS.

See MARRIAGE AND DIVORCE, 5.

ANIMALS.

1. ONE HAS NO RIGHT TO KILL DOG ON OWNER'S PREMISES, on the pretense that he is a nuisance, because he has on former occasions bitten other persons. Perry v. Phipps, 387.

of the