SURETY-Continued-

PAGE.

5. surety paying debt for which he is not liable cannot recover it of
his principal or enforce a lien on land by which the debt was se-
cured

6. not released by failure of creditor to prove his claim against de-
ceased principal or co-surety within one year

7. may set aside fraudulent conveyance of principal

8. agreement of guardian to give time to former guardian to settle
his accounts, effect of as a release of sureties of the latter
9. surety in guardian's bond, effect of creditor failing to sue prin-
cipal or co-surety

10. B and C signing A's note are sureties and have the rights of
such against each other

11. surety on sheriff's bond who pays the State taxes due by delin-
quents not subrogated to State's rights; so if he pays deficit due
by defaulting sheriff

600

601

413, 628

12. surety suing to compel principal to pay the debt, what he must
allege

747

13. same person being executor and trustee, liability of the surety on
the executorial bond.

747

14. surety paying off debt by executing his note is entitled to assign-
ment of all securities held by creditor just as if he had paid in
cash.

768

15. sureties on vendee's note for purchase money, their right to a
lien on the land by subrogation

743

16. assignment for benefit of creditors, liability of sureties of as-
signee

121

SURGICAL OPERATION-See Homicide.

TAXES-

1. assessments of omitted property not made on information of the
proper officer are void.

90

2. action to recover penalty for failure to list property may be
barred by limitation.

90

3. merchant in city of Louisville who pays license tax on merchan-
dise, his liability to further taxation

258

4. tax in aid of turnpike collected and squandered by officers, right
of turnpike to collect further tax. . .

370

5. a county has constitutional right to tax so much of a turnpike as
pases through it . . .

391

6. railroad charter providing for a specified tax and "no more” for
State purposes, liability for county taxation in addition
7. act granting immunity from taxation should be strictly con-
strued

495

495

8. lien of ex-sheriff for unpaid taxes lost by delay in enforcing
9. no interest on taxes as damages

498

516

10. mortgagee paying taxes, his right to superior lien for amount
so paid

525

11. in action to enforce lien every step necessary to create it must
be alleged.

525

12. operation of the act establishing a board of equalization
13. collection of taxes does not properly belong to the courts
14. in suit to enforce taxes due city of Louisville, publication of
notice required by charter must be alleged

601

628

748

15. failure to object for such defect not waived

748

16. board of trade of a city performs no public services and can't be
exempted from taxation.

769

17. purchaser of tax title from State takes free of lien of city for her

taxes

224

TELEGRAPH COMPANY-

1. liability of for mistake in sending message

754

TELEPHONE-

PAGE

1. contract made by, right of parties to prove what passed between
them

481

TIMBER-See Land.

TIPPLING HOUSE-

1. warrant for keeping may be tried before justice.

301

TITLE-

1. removing cloud upon, what facts necessary to entitle to relief.
2. innocent misrepresentation of, no ground of rescission.

224

267

3. failure of mother to convey or devise to her children, not a defect 309
TITLE TO ACT-See Constitutional Law.

TOWN MARSHAL—

1. can't execute attachment

TRADE-MARKS-

510

1. are part of partnership assets

96

2. words used to designate the place of business and not the kind
are not trade-marks

561

TRANSCRIPT-See Appeals, 6, 8-

1. order striking out parts of pleadings must be copied into tran-
script and not into the bill.

307

TRANSFER-

1. pleading defense not exclusively cognizable at law, right to trans-
fer from equity

442

2. surety's plea that creditor had released lien on debtor is such
defense..

442

3. defendant consenting to transfer of ordinary action to equity
did not waive right to jury trial

222

4. proper mode and time of obtaining transfer to equity
TRESPASS AND INJURY TO PROPERTY—

598

1. indictment for this statutory offense, calling it "malicious mis-
chief" is not bad. . .

656

2. indictment for this offense held sufficient .

657

TROVER-

1. in action for, measure of damages is value of property and interest
and not value of its use

656

2. in action for conversion of horse plaintiff not entitled to recover
both the horse and damages for its detention

595

3. denial of ownership and conversion, insufficient .
TRUSTS-

666

1. trustee misapplying trust funds to his own debt by consent of
one who had control of the fund under the trust deed
2. purchase at execution sale under verbal agreement to hold for
another, enforceable trust . .

3. devise of estate to trustee to hold free from debts of beneficiary,
latter is entitled to conveyance free of trust.

381

4. devise of absolute estate, right to withhold power of alienation
from devisee . .

381

5. trustee failing to settle his accounts or to show why trust fund
did not earn interest is chargeable with compound interest
6. devise to one as "guardian and trustee" of A, the trust ended with
A's minority

617

443

7. liability of trustee paying out money under judgment afterwards
reversed

662

8. note executed by cestui que trust to her trustee for balance due
and 10 per cent. interest, her right to be relieved from
9. declaration of one that he had bought stock for benefit of others
did not create a trust

669

670

10. one accepting trust property in payment of individual debt of
trustee acquires no title

670

11. the trust being executed and trustee may be compelled to con-

vey.

385

TURNPIKE--See Taxation, 4, 5

PAGE.

1. no appeal from refusal of county court to take stock in turnpike, 585
USURY-

1. should be pleaded by personal representative; whether pleaded or
not, only legal rate allowed

370

2. agreement of borrowed to pay an annual "donation" besides the
interest

525

3. plea of not personal to debtor-may be made by junior mortga-
gee .

526

4. need not be specifically charged, it is sufficient if facts be stated
showing it to exist.

601

5. allegation that note was taken for too much by frand or mistake,
authorizes proof of usury

1. action for purchase money, vendee pleading that vendor misrep-
resented the contents of the tract, burden of proof is on vendee, 225
2. verbal contract for sale of land, right of vendee to recover pur-
chase money paid by him

3. certainty required in describing the land

452, 748
452

4. land belonging to another by mistake included in the deed, right
of vendee to recover its value of vendor

526

5. note for purchase money not payable till claim against the land
was paid, right of assignee of the note

536

6. deficit in land as a defense, limitation on plea of

526

7. vendor's lien being of record, delay in asserting it, effect of
8. upon rescission of contract vendee was entitled to lien on the land
for amounts paid by him

589

9. vendee not liable for purchase money unless vendor can pass
good title to land and possession of it

10. but vendee having had possession 25 years, this was good title .
11. purchaser of land, by parol contract, refused a deed, his right to
compensation for improvements

601

670

670

748

12. vendee being dead, his right to recover purchase money and com-
pensation for improvements vests in his personal representative, 748
13. no implied warranty in Kentucky-vendor obtaining deed from
third parties to vendee, his liability on implied warranty. . . . 748
VERDICT-See New Trial, 20-

1. special verdict in criminal case must be based on facts proved
beyond reasonable doubt

19

321, 631

2. where special verdict is directed court may, but is not compelled
to, direct a general also

3. where special verdict is asked court may refuse to instruct on
law of the case, and if it does instruct erroneously it is imma-
terial

321, 631

4. separate general defined

321

5. must be in writing, can't be supplemented by oral statement of
foreman

602

6. special verdict can't be set aside unless flagrantly contrary to
the evidence

631

7. where a special verdict is asked the question should be limited to
ascertain the prominent facts in issue

686

8. special verdicts are not violative of right of trial by jury

686

9. party who can't complain of verdict can't complain of judgment, 369
10. verdict returned in absence of accused, he having absconded
11. delay in entering judgment until his re-arrest

1. not void as to debts made subsequent to its execution but prior to
its recording

309

vol. 6-4

WAREHOUSE LAW-

PAGE.

1. liability of warehouseman for selling goods in violation of his re-
ceipt which made them deliverable to bearer and not to order 244
2. warehouseman issuing receipt to one for goods of another and
trandulently selling the goods

3. Gen. Stat. do not repeal the act of 1869

WARRANTS—

1. need not have same formal conclusion as indictments
WARRANTY

1. the doctrine of implied warranty in the sales of land does not
exist in Kentucky

244

244

301

2. in action for breach of, what is the measure of damages

3. what constitutes a warranty

WATER COMPANY- -

1. its liability for failing to supply water to extinguish fire.
WATER COURSES -See Riparian Owners.

WAY, RIGHT OF

1. parol contract for, is not enforceable.

748

671

749

452

48

WILL

2. right of grantee to compensation for improvements
See Devises, 1, 2

48

1. attesting witnesses testifying against, right of court to instruct

as to

310

2. evidence of conduct and statements of devisee inadmissable, he
not being a witness

310

3. witness testifying that he had expressed the opinion to others
that testator was insane, right to call them as witnesses
4. widow qualifying as administratrix is not estopped from re
nouncing the will

310

453

5. mere declaration of intention to make a devise to particular per-
son, rights of the latter

526

6. will held absolute and not conditioned to take effect only if tes
tator died from home.

640

7. husband devising wife's property and making other provisions
for her which she accepts, effect of

740

8. will executed by woman when married but acknowledged by her
when discovered is valid

60

9. right of devisee to testify for himself and as to competency of
testator after introducing other testimony

310

10. suit against decedent's estate for services rendered, competency
of will to prove their value. . .

589

WITNESSES--See Evidence--

1. testifying without being sworn and without appellant knowing
he had been in penitentiary, effect of.

407

2. failing to testify as expected of him, no ground for new trial, 220, 408
3. in action to set aside fraudulent conveyance, vendor is compe-
tent witness.

457, 671

4. woman escaping conviction by marrying chief witness for prose-
cution

603

5. witness testifying falsely as to one matter, right of jury to dis-
regard his entire testimony