National Reporter System.—State Series.

THE

SOUTHWESTERN REPORTER,

VOLUME 91

CONTAINING ALL THE CURRENT DECISIONS OF THE

SUPREME AND APPELLATE COURTS OF ARKANSAS,
KENTUCKY, MISSOURI, TENNESSEE, TEXAS,

AND INDIAN TERRITORY,

PERMANENT EDITION.

MARCH 28—MAY 2, 1906.

WITH TABLE OF WRITS OF ERROR DENIED BY THE SUPREME COURT OF Texas IN CASES IN THE

COURT OF CIVIL APPEALS.

ALSO, TABLES OF SOUTHWESTERN CASES PUBLISHED IN Vols. 72, 73, ARKANSAS REPORTS;

190, 191, MISSOURI REPORTS.
ALSO, ADDITIONAL TABLES FOR VOLS. 72, 73, ARKANSAS REPORTS; 190, 191, MISSOURI REPORTS.

A TABLE OF STATUTES CONSTRUED IS GIVEN

IN THE INDEX.

Lay Library

COPYRIGHT, 1906,

BY

WEST PUBLISHING COMPANY.

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

ARKANSAS-Supreme Court.

JOSEPH M. HILL, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
BURRILL B. BATTLE.

JAMES E. RIDDICK.
CARROLL D. WOOD.

EDGAR A. McCULLOCH.

INDIAN TERRITORY_Court of Appeals.

JOSEPH A. GILL, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
WM. H. H. CLAYTON.

HOSEA TOWNSEND.
WILLIAM R. LAWRENCE.

KENTUCKY-Court of Appeals.

J. P. HOBSON, CHIEF JUSTICE.

JUDGES.
THOMAS H. PAYNTER.

W. E. SETTLE.
ED. C. O'REAR.

T. J. NUNN.
HENRY S. BARKER.

JAMES E. CANTRILL
JOHN D. CARROLL, COMMISSIONER OF APPEALS.

MISSOURI—Supreme Court.

THEODORE BRACE, CHIEF JUSTICE..

Division No. 1.
THEODORE BRACE, PRESIDING JUDGE.

ASSOCIATE JUDGES.
WILLIAM C. MARSHALL,1

HENRY LAMM.
LEROY B. VALLIANT.

WALLER W. GRAVES.2

Court of Appeals at St. Louis.
CHARLES C. BLAND, PRESIDING JUDGE.

ASSOCIATE JUDGES.
RICHARD L. GOODE.

ALBERT D. NORTONI.
Resigned April 7, 1906.