part thereof) he does not draw the consequences of his theories, and by some industry it might be possible to show, how Garofalo contradicts on almost every page of one part of his book, what Garofalo has contended for on a corresponding page in another part. It all comes, of course, from the usual desire to set up a "system," as it used to be called, or advance a "theory," as appears to be the now favored term. It proceeds swimmingly as long as you deal with abstract quantities, but the moment you are going to apply the theory to the facts as they actually exist, the whole theory breaks down, or has to be explained away, and exceptions made, until the exceptions become the rule. And even then it will not fit, and absurdities, monstrosities and contradictions appear at every second step.

Garofalo believes that during the savage and barbaric stages in the development of man, the normal man was very much like the criminal of to-day, and that the modern criminal presents a case of pseudo-atavism. He allows that the ancient savage and barbarian could, and that even the modern one can be reformed and improved and civilized. But the criminal? No, with him it is impossible. And his proof he finds in the number of recidivists * and that, after he himself has shown that with the present penal laws and their administration, recidivism is almost a necessity. In other words, he shows that present methods do not reform criminals, and are unfit to reform them; and from this failure of accomplishing the thing desired by unfit means, he draws the conclusion: ergo, the thing cannot be done.

We prefer to agree with the Scriptures: An evil tree can bear but evil fruit. You have not a free will to be a good man at 12 o'clock, an evil one at two, and again to be good at four. But the gardener who interceded for the tree which has been ordered cut down, and prayed to be allowed to dig and manure around it, in order to try to make it bear good fruit * that gardener was a much better psychologist than is our author. And a much safer penologist also; if Garofalo had his way, we might all be in the Bastille, before the year is up.

Notwithstanding our disagreement with the author's theories, we would recommend all lawyers to read the book. It is very well written, and very lucid, and it is a well known fact that you can learn more from those with whom you disagree, than from those whose deliverances you answer by a succession of AXEL TEISEN.

amens.

Philadelphia, Pa.

BOOK REVIEWS.

BLACK ON BANKRUPTCY.

Mr. Henry Campbell Black presents a treatise on the Law and Practice of Bankruptcy under the act of Congress of 1898, which is based upon a critical analysis of the statute, both in itself and in comparison with the earlier acts on the same subject.

The aim of the author has been to give such a review of the bankruptcy law as would prove valuable to members of the profession, to judges of state and federal courts and to referees and trustees in bankruptcy. To this end there is given discussion of all steps in a bankruptcy proceeding, and all the authorities found in decision of the courts.

It is pointed out that during the past year the Supreme Court has handed down a large number of important rulings and these have helped to further crystalize the law and practice of bankruptcy into something like a system well defined in its various parts.

The plan upon which this book proceeds is logical, and the text is clear and succinct. There being apparently exhaustive citation of cases, and the book should prove a very practical aid in the direction intended.

The single volume is in bible paper, making its 1,800 pages come well within the size of an ordinary law book, while its binding of law buckram, makes it substantial and durable. This volume comes from the well known book house of Vernon Law Book Co., Kansas City, Mo., 1914.

HUMOR OF THE LAW.

Waiter-Have you tried our turtle soup, sir? Diner-Yes, I have tried it, and my decision is that the turtle has proved an alibi!-Sydney Bulletin.

Magistrate-And what was the prisoner do

ing?

Constable-'E were 'aving a very 'eated argument with a cab driver, yer worship. Magistrate-But that doesn't prove he was

drunk.

Constable-Ah! But there worn't no cab driver there, yer worship.-London Opinion.

A small town in Mississippi passed a law that no wheelbarrows should be allowed on the sidewalks in the business portion of the city. Soon after the law was passed, one Saturday, which is the busiest day of the week, while the streets were crowded, a negro came along the main street trundling a wheelbarrow filled with groceries. The city marshal stopped him, telling him he was under arrest for pushing his wheelbarrow on the street. The negro looked at the officer for a moment, and then picking up his little girl, who was walking by his side. he placed her upon the top of the groceries, and, turning to the officer, said:

"Go on, white man. Dis here ain't no wheelbarrow. Dis is a baby carriage."

1.

Bankruptcy-Preference.

63

.7, 69 10, 20

52 .59 .46, 82

17, 43, 48, 53, 56 33, 38, 49

A garnishment lien cannot be tacked to the lien of execution

issued on a judgment against defendant, and levied upon the indebtedness owing the garnishee, so as to make out the four-month period specified by Bankruptcy Act. Marsh v. Wilson Bros., Minn., 144 N. W. 959.

2. Banks and Banking-Negotiable Instruments Law.-Prior to the Negotiable Instruments Act a bank could not appropriate deposits to the payment of notes made payable at the bank without a check or order; but Negotiable Instruments Act expressly declares a note payable at a bank to be itself an order on the bank to pay it out of the maker's funds on deposit.-Brown v. First Nat. Bank, Mass., 103 N. E. 780.

3.- Notice.-Where municipal securities are payable at a bank, the bank, in paying them, is not put on inquiry as to their validity by the same facts that would put an intended purchaser of them on inquiry; and hence a banker, having no interest in the matter, who pays out money belonging to a municipality on the fraudulent order of the municipal treasurer, who was authorized to draw on its funds, is not liable, though it was to discharge a void note.-City of Newburyport v. First National Bank, Mass., 103 N. E. 782.

4. Breach of Marriage Promise-Consideration. Where defendant, in an action for breach of marriage promise and seduction denies the promise and claim that, if made, it was void because based on an immoral consideration, a charge that if the promise rested on the consideration that plaintiff would submit to defendant, the consideration was void, while if there was a promise of marriage prior to any improper relations between the parties, plain

5. Brokers-Revocation of Agency.-A broker's agency, not specifying its duration, may be terminated at will, subject only to the ordinary requirements of good faith.-Ernst V. Ganahl, Cal., 137 Pac. 256.

6. Setting Off Accounts.-As between a broker and customer, where a broker carries two accounts for the same customer and one shows a loss and the other a profit, the broker may, in making settlement, set off a profit in one against a loss in the other.-Miller Schloss, 144 N. Y. Supp. 996.

V.

11.

-Change of Name.-A change in the name of a corporation was not a "change of organization," within the Illinois statute requiring the publication of notice of "changes of organization."-Cellulose Package Mfg. Co. v. Calhoun, Cal., 137 Pac., 238.

12. Estoppel.-Where bankers, in discounting a note dealt with a corporation, the organization of which had not been fully completed, they were estopped to deny its corporate existence for the purpose of charging the members as partners.-Lockwood v. Wynkoop, Mich., 144 N. W. 846.

13.- -Insolvency.—A sale by an insolvent corporation, made in good faith and for a valuable consideration, which is used to pay creditors, is not void and in fraud of other creditors. Haight v. Simth, Mich., 144 N. W. 830.

14. Parties to Action.-Since unissued corporate stock belongs to the corporation, the corporation is a proper party plaintiff, where directors breach their trust by a wrongful issuance of such stock to themselves.-Hoffman Motor Truck Co. v. Erickson, Minn., 144 N. W. 952.

15. Promoters.-Promoters of a railroad corporation, who entered into a conspiracy to fraudulently subscribe, pay in, and withdraw money required by the statute to obtain a certificate of public necessity without which noth

ing contemplated by the corporation could be done, held liable in an action by the receiver of the corporation for breach of duty as directors to account, though they did not become directors until after the money was paid in and the resolution for its withdrawal had been adopted. and though others participated in the matter.Gray v. Heinze, 144 N. Y. Supp. 1045.

16. Stockholders. - A stockholder who pledges his stock as security for notes executed by him for corporate debts, and deposits it in a voting trust with a representative of creditors, may not maintain action against the latter for mismanagement of the corporation, resulting in injury to it, and incidentally depreciating the value of the stock.-Milliken v. McGarrah, 144 N. Y. Supp. 964.

17. Criminal Law Attempted Flight.-The attempt of a party, immediately following the commission of a crime, to leave the jurisdiction is competent to show a guilty knowledge, and is received as a qualified admission of guilt; its weight being for the jury.-State V. Pettit. Wash., 137 Pac. 335.

18. Evidence.-Where the testimony of a witness called by accused was not unfavorable but simply failed to come up to accused's expectations, accused is not entitled to prove that the witness made contrary statements out of court.-People v. Kawasaki, Cal., 137 Pac. 287.

19. Photographs.-Where the defense was mistaken identity, two group photographs, including defendant, were properly admitted in corroboration of a witness whose testimony as to identity was attacked on cross-examination, where the witness on redirect examination testified that shortly after the homicide he was shown the photographs and identified accused as one of the persons who had participated in the killing.-People v. Ong Git, Cal., 137 Pac. 283.

20. Customs and Usages Contradicting Writing. Custom cannot be relied on to show an agreement to furnish a certificate that barley sold is of a certain quality, in contradiction of contract making payment and delivery dependent covenants. Barnard & Bunker v. Houser, Ore., 137 Pac. 227.

21. Divorce-Res Judicata.-Where, pursuant to Code, a co-respondent appears and contests the allegation of adultery made against him or has been duly placed in default on the trial of such issues, the adjudication therein is binding on him in a subsequent action for alienation of affections.-Hendrick v. Biggar, N. Y., 103 N. E. 763.

22. Easements-Prescription. Where defendant paid a valuable consideration for a way, his use, pursuant to the agreement between himself and other land-owners, under a claim of right, and adverse to the owners of the land over which it extended, and continued for the prescriptive period, ripened into an easement by prescription. Myers v. Berven, Cal., 137 Pac. 260.

23. Eminent Domain-Abutting Owner.-An abutting owner who did not own the fee, which was vested in the city, held not entitled to compensation where the city allowed a street to be used for a subway.-Lincoln Safe Deposit Co. v. City of New York, N. Y., 103 N. E. 768.

24. -Easement.-An easement for a tunnel under plaintiff's land, 200 feet below the surface, held not an incumbrance within the law prohibiting trustees from loaning money on incumbered real estate, and the owners are not entitled, upon the condemnation of the easement, to an award for damages to the marketability of their title. In re Tunnei St. in City of New York, 144 N. Y. Supp. 1002.

25.- -One public use.-Land once acquired for public use cannot ordinarily be condemned for another public use, unless the intention of the Legislature that lands shall be so taken is shown by express terms or necessary implication. In re University Ave. in City of Rochester, 144 N. Y. Supp. 1086.

26. Equity-Mutual Mistake. The phrase "mutual mistake," as used in equity, means a mistake cominon to all the parties to a written instrument, and usually relates to a mistake concerning the contents or legal effects of the instrument.-Tarbox v. Tarbox, Me., 89 Atl. 194.

27. Exchange of Property-False Representations. Representations that a bank was not indebted, and that its shares of stock were of a certain value, held to relate to a material fact, and not to be mere trade talk, when made by the president and general manager of the bank to procure a deal whereby bank stock was traded for land.--Ludowese v. Amidon, Minn., 144 N. W. 965.

28. Executors and Administrators-Action by. An executrix cannot maintain an action in her representative capacity for the price of goods which belonged to testator at his death, but which were subsequently sold by the executrix, but must sue as an individual.-Ehrman v. Bassett, 144 N. Y. Supp. 976.

29. Appointment.-It is the policy of the law that intestate's widow shall control in limine the administration of his estate, and she may either administer it herself, or nominate a competent person to do so.-In re Blackburn's Estate, Mont., 137 Pac. 381.

30. Fraud-Reliance Upon.-To entitle a person to redress because of a false representation, it is not enough to show that it was material, known by the maker to be false, and made with the intent to deceive, but it must be shown that it actually misled and deceived the party complaining.-Maxon-Nowlin Co. v. Norswing, Cal., 137 Pac. 240.

31. Fraudulent Conveyances Judgment.The allowance of a claim against a decedent's estate has the effect of a judgment, and the claimant may, by reason thereof, maintain an action to set aside fraudulent transfers made by decedent and to subject the property to the satisfaction of the judgment.-Scholle v. Finnell, Cal., 137 Pac. 241.

32. Garnishment-Inchoate Lien.-Garnishment gives the creditor nothing more than an inchoate lien.-Marsh v. Wilson Bros. Minn., 144 N. W. 959.

33. Property Subject to.-A bank, which agreed to honor certain checks drawn by the principal debtor, held not indebted to him, so that it was subject to garnishment.-McKenna v. Citizen's State Bank, Wis., 144 N. W. 991. 34. will Homicide-Implied Malice.-Malice be implied when one deliberately and unnecessarily discharges a gun into a crowd of people with utter disregard of the consequences, though he had no malice against the particular person shot or anyone else in the crowd.-People v. Stein, Cal., 137 Pac. 271.

35.- -Instructions.-Where the evidence was such that accused could only have been found guilty of murder or acquitted, and the sole defense was mistaken identity, the refusal of requested charges on manslaughter was proper — People v. Ong Git, Cal., 137 Pac. 283.

36.

Motive.-The showing of a motive, while not indispensable, is important and tends towards guilt, where defendant denies the act. -People v. Macgregor, Mich., 144 N. W. 869.

37. Injunction-Labor Strike.-Equity has jurisdiction during a strike to restrain peaceful picketing by a labor organization. In re Langell, Mich., 144 N. W. 841.

38. Insurance-Estopel.-Where an insurer by its course of conduct induced the insured to believe that strict compliance with the provisions for payment of the premiums would not be insisted upon, it cannot declare a forfeiture for failure of the insured to pay premiums on time. Fugina v. Northwestern Nat. Life Ins. Co., Wis., 144 N. W. 989.

39. Judgment-Pleadings. A prayer for relief is never conclusive, but the pleader is entitled to such relief as the evidence under the pleading represents.-Gray v. Heinze, 144 N. Y. Supp. 1045.

40. Landlord and Tenant-Quiet Enjoyment. -If the landlord's covenant for quiet enjoyment was made in consideration of a tenant's covenant to pay rent in advance, the tenant, after failing to pay rent in advance, cannot recover damages for eviction upon the covenant of quiet enjoyment.-Meyer v. Schulte, 144 N. Y. Supp. 1028.

41. Termination of Lease.-Upon termination of lease for conditions broken, the lessor may recover rent previously due, but cannot, in absence of an express agreement, recover rents

subsequently to become due. Galbraith V. Wood, Minn., 144 N. W. 945.

42. Mandamus Inspection of Records.Though stockholder's motive does not affect his right to copy a list of the stockholders from the corporate records. his purpose may be so vexaticus or unlawful that the court will decline to enforce such right by mandamus.-Withington v. Bradley, Me., 89 Atl. 201.

43.

Master and Servant-Assumption of Risk. -Where an employee used a ladder daily for more than a year and a half before the accident, so that he was acquainted with all of the defects therein, he assumed any risk of injury from a rung in the ladder being out.-Dahl v. Puget Sound Iron & Steel Works, Wash., 137 Pac. 315.

44. -Concurrent Negligence. Where a city is negligent in making use of hydraulic jacks in bridge construction, the fact that the negligence of a fellow servant in adjusting them combines therewith and causes plaintiff's injury will not relieve the city from liability.-Schultz v. City of St. Paul, Minn., 144 N. W. 955.

45. Factory Act.-Where an employee in a machine shop was injured by his hand slipping from a lever into cogwheels left unguarded in violation of Safety Factory Act, the proximate cause of the injury was the absence of guards and not the slipping of the hand.-Cincinnati, H. & D. Ry. Co. v. Armuth, Ind., 103 N. E. 738. 46. Incompetent Fellow Servant.-An ployer is liable to an employee for injuries resulting from failure to exercise reasonable care in selecting coemployees, or from retaining coemployees after he knows or by the exercise of reasonable care might know, of their incompetency.-Griffin v. Boston & M. R. R., Vt., 89 Atl. 220.

em

47. Proximate Cause. Where а servant not engaged in operating a printing press slipped and was injured when his arm passed within its unguarded frame, the absence of the guard was the proximate cause of the injury.Kimmerle v. Carey Printing Co., 144 N. Y. Supp. 1076.

48. Respondeat Superior. Where the manager of defendant's business in attempting to collect payment for goods which he believed a customer had taken became abusive, and, when told to go away, assaulted the customer, held, that the assault was not within the scope of his employment.-Matsuda v. Hammond, Wash., 137

Pac. 328.

51. Mortgages-Assumption of Debt.-Where mortgaged property is conveyed to one who assumes the mortgage debt, the grantee becomes the principal and the mortgagor and grantor his surety.-Greer v. Orchard, Mo., 161 S. W. 875. 52. Notice.-One who purchased land which mortgage was foreclosed with knowledge of rights of junior mortgagee, not a party to the foreclosure suit. held to make improvements at his peril.-Froelich v. Swafford, S. D., 144 N. W. 925.

on

53. Municipal Corporations-Elevated Road. -An ordinance for the acquisition of property for an elevated road and for its construction and for the establishment of a street on the surface provides for two separate improvements, and the cost of one improvement cannot be assessed against property not benefited thereby but benefited by the other improvement. -In re West Wheeler St. in City of Seattle, Wash., 137 Pac. 303.

54. Ordinary Care.-If by the exercise of ordinary care a traveler in a public street would have observed an excavation and avoided the accident, he could not recover.-Neely v. People's Ry. Co., Del., 89 Atl. 211.

55. Navigable Waters Navigability. Whether or not a stream is "navigable" is, in the absence of a legislative declaration, determinable by its practical utility for navigation during ordinary stages of water at any particular time.-City and County of San Francisco v. Main, Cal., 137 Pac. 281.

56.- -Navigability.-Where a creek has, during recurring spring freshets, sufficient water to float shingles and other forest products, it is a floatable stream and may be used as such; the fact that artificial obstructions had to be removed not affecting its navigability.-Fortson Shingle Co. v. Skagland, Wash., 137 Pac. 304.

57.

Negligence-Forgetfulness.

Forgetful

ness of a known danger will not always defeat a recovery by one injured; to forget not being negligence, unless it shows want of ordinary care. Roseberry v. Edward F. Niehaus & Co., Cal., 137 Pac. 232.

58. Last Clear Chance.-The last clear chance doctrine only applies where plaintiff has himself been negligent and defendant failed to take advantage of a subsequently occurring opportunity to avoid the injury.-Hartlage v. Louisville N. Ry. & Lighting Co., Ind., 103 N. E. 737.

59.- -Rescue.-A young boy would not be guilty of contributory negligence in jumping into a pond to save his younger brother from drowning, having acted in an emergency. Doyle v. City of Chattanooga, Tenn., 161 S. W. 997.

60.- -Res ipsa loquitur.-Where a pedestrian is struck by a falling cornice, the doctrine of res ipsa loquitur places upon the owner of the building the burden of establishing his freedom from negligence.-Nicoll v. Sweet, Iowa, 144 N. W. 615.

61. Nuisance-Purpresture.-A public nuisance or a purpresture is generally a matter to be redressed only by appropriate judicial action at the instance of the public authorities.-Curtiss v. Charlevoix Golf Ass'n, Mich., 144 N. W. 818.

62. Partnership-Farmers' Union.-Members of farmers' union, one of whom under a contract with the union managed a merchandise store on its behalf, held not partners, so that the other members were not liable to contribute for services and expenditures by him.-McDonald v. Fleming, Mich., 144 N. W. 519.

63. -Joint Venture.-An agreement to share the gross returns of a joint venture merely creates a debt and not a joint proprietorship in the profits, and hence does not constitute a partnership.-Buie v. Kennedy, N. C., 80 S. E. 445.

64.-Land.-While a partnership cannot hold the legal title to land, yet equity recognizes the right of the firm in partnership land, and a surviving partner has an equitable estate in the land and the right to treat it as personalty in order to wind up the affairs of the firm, though after the partnership demands are satisfied the surplus is treated as real estate.Armor v. Frey, Mo., 161 S. W. 829.

65. Perpetuities-Vesting of Remainder.-A provision giving property in trust for a daughter for life, and at her death to pay over the same to her issue, but, if she left none surviving, then to testator's heirs at law, did not violate the statute against perpetuities; the remainders over vesting at testator's death, though defeasible in the contingency named.Allen v. Almy, Conn., 89 Atl. 205.

66. Pledges-Subpledgee.-One who deposited bonds with a brokerage firm as margins could, upon paying to the firm any balance due on account, recover such bonds from it subject to the prior claims of one who had in good faith loaned money to the brokers thereon.-Eno v. Sage, 144 N. Y. Supp. 1062.

67.

Principal and Agent-Contract.-Where a contract making defendant plaintiff's sales agent merely provided that plaintiff should establish no other dealer in the city of defend

ant's residence, that stipulation did not preclude plaintiff from making sales direct to customers.-White Co. v. White Motor Co., 144 N. Y. Supp. 960.

68. Principal and Surety-Conditional Delivery. Where defendant signs a bond and delivers it to the principal on condition that an additional surety be obtained, and the bond is delivered without obtaining a second surety, the defendant will not be liable.-Union Pac. Tea Co. v. Dick, Conn., 89 Atl. 204.

69. Railroads-Res Ipsa Loquitur.-Negligence will not be presumed from the mere killing of trespassing animals, where the accident is as consistent with the presumption that it is unavoidable as it is with negligence.-St. Louis & S. F. R. Co. v. Smith, Okla., 137 Pac. 357.

of

70.- -Res Ipsa Loquitur.-The doctrine res ipsa loquitur does not apply in an action against a 'railroad for death of an engineer from derailment of his train.-Curtis v. New York, N. H. & H. R. Co., 144 N. Y. Supp. 1007.

71. Statute of Limitations.-Where a city acquires title to a street by limitations, and a railroad company, with the city's consent, appropriates such street for its tracks, the former owner of the street cannot recover compensation from the railroad company for such appropriation.-Quinn v. St. Louis & S. F. R. Co., Mo., 161 S. W. 820.

72. Rape Burden of Proof. To support a conviction for rape, the state must show by competent evidence material allegation in the information, and every fact essential to the crime, including the fact that prosecutrix was not the wife of accused at the date of the offense.Lenord v. State, Ariz., 137 Pac. 412.

73. Variance.-Where the petition

stated

a cause of action for damages for an assault with intent to rape, and the evidence merely tended to establish a simple assault, the variance was immaterial.-Marts v. Powell, Mo., 161 S. W. 871.

74. Reformation of Instruments-Mutual Mistake. To warrant the reformation of an instrument, it must appear that it was executed under a common mistake, and a mistake of a single party is no ground for reformation, although it may be ground for rescission.-Hesson v. Hesson, Md., 89 Atl. 107.

75. Sales-Conditional Sale.-In case of a conditional sale, an action for breach of warranty cannot be maintained in the absence of statute until the price is paid and title has fully passed. --G. B. Shearer Co. v. Kakoulis, 144 N. Y. Supp. 1077.

76. Conditional Sales. Conditional sale contracts between manufacturers and retailers will be so construed as to protect a consumer buying from the retailer without notice of the terms of such contracts.-Trousdale v. Winona Wagon Co., Idaho, 137 Pac. 372.

77.-Executory Contract.-An executory contract for the sale of an automobile truck was none the less valid and binding on the buyer because the seller did not own the truck at the time of the sale.-Meyer v. Shapton, Mich., 144 N. W. 887.

78. Subrogation-Accommodation Indorser.— Where an accommodation indorser, after a note was dishonored, paid it, and subsequently the note was again paid by the maker, the indorser was subrogated to the rights of the maker, and could recover from the payee the amount paid by the maker.-Havlin v. Continental Nat. Bank of St. Louis, Mo., 161 S. W. 741.

SO

81. Unfair Competition.-The catch phrase "send it to Oxy," registered under the statute and used by plaintiff in advertising his business of cutting and welding metals by the so-called Oxy-Acetylene of Oxy-Carbide process, so that he was generally known as "Oxy," while not a technical trade-mark, held a distinctive form of advertisement entitling him in equity, as well as under the statute, to protection against unfair appropriation of it by a competitor.-Kimball v. Hall, Conn., 89 Atl. 166.

82. Treaties-Municipal Law.-Treaties conferring rights upon the subjects of a foreign nation partake of the nature of municipal law, and will be treated and construed as a statute, if the right can be enforced by the court, and the treaty prescribes a rule for its determination. Bondi v. Mackay, Vt., 89 Atl. 228.

83. Trusts-Cestui que Trust.-A cestui que trust who is entitled to a conveyance may direct that it be made to another so as to pass his whole inerest in the property.-Boothe v. Cheek, Mo., 161 S. W. 791.

84. Costs.-The costs of a suit by a trustee to determine the rights of conflicting interests in the trust estate and for directions as to final distribution of the estate are properly chargeable against the trust estate.-Cotten v. Tyson, Md., 89 Atl. 113.

85. Estoppel.-If a person assumes to act as trustee, and, having received money in that character, misapplies it, he is accountable and cannot defend by showing that he was not legally a trustee, or that when he committed the breach he did not know who his cestui que trust was.-Tarbox v. Tarbox, Me., 89 Atl. 194.

86. Resulting Trust.-Where a widow with minor children assumed to deal with the personal estate of her deceased husband as her own. and invested it in real estate in her own name, there was a resulting trust in the property so purchased in favor of the children, whose money was so used, and in such ratable proportion to each has each contributed to the purchase money. Hynds v. Hynds, Mo., 161 S. W. 812.

87. Vendor and Purchaser-Confidential Relations. Where a mother received a conveyance of land, which her son had procured by misrepresentations, without making inquiries of the tenant of the former owner, or of such owner, she was chargeable with knowledge of such misrepresentations.-Ludowese Amidon, Minn., 144 N. W. 965.

V.

88.- -Possession as Notice.-Adverse possession of land is notice of whatever facts in reference to the title would be developed by inquiry of the person in possession.-Coursey y. Coursey, Ga., 80 S. E. 462.

89. Reservation.-Where plaintiff's predecessor in title reserved right of way across plaintiff's land, plaintiff is charged with knowledge of the reservation, even though his deed, which was not directly from the original source of title, contained no mention of the reservation; the reservation being in an instrument in plaintiff's chain of title.-Myers v. Berven, Cal., 137 Pac. 260.

90.-Time of Performance.-The vendor being unable to make good title, if at all, till long after the time stipulated in the contract, and after the purchaser had declared the contract at an end, and demanded return of the deposit, it was unnecesary for the purchaser to tender balance of purchase money.-Reed V. Witcher, Col., 137 Pac. 294.

91. Wills-Confidential Relation.-The confidential relation between son and father held to impose on him the burden of overcoming the prima facie case that the will was executed through his undue influence.-Wendling v. Bowden, Mo., 161 S. W. 774.

92. Construction.-A will giving all the property to testator's wife for her use during her life, and at her death to others all that given to her, "or so much thereof as may then remain unexpended," gives her the right to use from the corpus.-Chamberlain v. Husel, Mich., 144 N. W.