SALES- Continued.

"Negligence," 6; "Taxation"; "Vendor and Purchaser."

Fraud Waiver.

Payments by a purchaser of part of the price after discovery that the goods were not of the kind or quality purchased, sale of a part of the goods, and execution of a note for balance of price waived the defense of fraud. -Marks v. Stein, 59.

SCHOOLS AND SCHOOL DISTRICTS-See "Mandamus."

SEARCHES AND SEIZURES-See "Intoxicating Liquors."

SERVICE--See "Process."

SEWAGE See "Eminent Domain."

STATUTE OF FRAUDS-See "Frauds, Statute Of."

STATUTES-For statutes pertaining to particular subjects, see the various specific topics.

STATUTES CONSTRUED:

United States.

Statutes at Large:

1898, June 28, c. 517, 30 Stat. 4951902, July 1, c. 1375, 32 Stat. 716. 1903, Jan. 21, c. 195, 32 Stat. 774_ -191 1906, April 26, c. 1876, 34 Stat. 137___191 1908, April 22, c. 149, 35 Stat. 65--. 146 1908, May 27, sec. 1. c. 199, 35 Stat. 312_131 1908, May 27, sec. 4, c. 199, 35 Stat. 312__35 1908, May 27, sec. 5, c. 199, 35 Stat. 312_306

Compiled Statutes 1913:

191

.191

Compiled Laws 1909:

_179, 310

Oklahoma:

Constitution:

Art. 7, sec. 1.

Art. 7, sec. 12.

129, 254

1909, c. 24_.

Art. 9, sec. 39

_98

1910-11. c. 18, p. 35

Art. 12, secs. 1, 2.

121

1910-11. c. 70, sec. 10.

Art. 22, sec. 2.

205

1910-11, c. 80, secs. 7, 9.

Art. 23, sec. 6

146

1913. c. 94

Revised Laws 1910:

1913. c. 219, art. 6, sec. 20__

1. Foreclosure-Effect of Void ProceedingSubrogation to Rights of Mortgagee. The grantee of a purchaser at a void judicial sale, where the grantee and the purchaser both acted in good faith, and without notice of the irregularities in the proceedings, becomes the equitable assignee of the mortgagee, and where such grantee goes into the actual possession of the land under his deed from the purchaser, he occupies the position of a mortgagee in possession and entitled to be subrogated to all the rights of the mortgagee.-Babcock v. Orcutt, 139.

SUBROGATION-Continued.

2. Same.

Where the grantee of a purchaser at a void judicial sale goes into actual possession of the land in good faith, believing himself the owner of the title, and without notice of any irregularities in the judicial proceedings, and pays off a prior existing mortgage at maturity and redeems the land from such mortgage, which mortgage he assumed and agreed to pay in his deed from the purchaser, he has such an interest in the land as will give him the right to redeem it from the mortgage lien, and he becomes the equitable assignee of the mortgagee and occupies the position of a mortgagee in possession, and is subrogated to all the rights and equities of the mortgagee.-Idem, 139.

SUMMONS-See "Process."

SUMMONS IN ERROR-See "Appeal and Error," 7, 8.

SUNDAY:

Injuries Received While Violating Sunday Law.

The fact that the plaintiff was injured on Sunday, while at work in violation of the Sunday law of the state of Oklahoma, is not a bar to a recovery.-Lisle v. Anderson, 68.

SUPERSEDEAS-See "Appeal and Error,"

52.

TAXATION:

1. Assessment-Omitted Property-Tax Ferrets Statutory Provision.

Under sec. 7449, Rev. Laws of 1910, the board of county commissioners of any county in the state is authorized to contract with any person or persons to assist the proper officers of the county in the discovery of property not listed and assessed for taxation, and the authority conferred by this provision of the statute applies only to property omitted from assessment, and it does not confer the power or authority to revalue or reassess property which has already been assessed.-J. W. Wolverton Hardware Co. v. Porter, 171.

2. Same-Capital Stock-Effect of Sale.

Where a corporation has disposed of all of its capital stock and invested the proceeds in property upon which the taxes have been paid, an attempt to assess the capital stock to the corporation as omitted property under the provisions of sec. 7449, Rev. Laws 1910, is illegal and not warranted by law. Idem, 171.

3. Same-Judgment.

Where a corporation has invested the proceeds of sale of its capital stock and paid tax on the property acquired, a judgment listing as omitted property the difference between the par value of the stock plus a sum borrowed by the corporation on mortgage and the value of its property as assessed is not authorized.-Idem, 171.

TAXATION-Continued.

4. Remedies for Wrongful Tax-Injunction. Where a tax for the year 1913 is sought to be levied and collected upon that portion of the capital and surplus of a state bank then invested in public building bonds, under sec. 7318, Rev. Laws of 1910, held than in an action for injunction where no question is raised as to the legality or applicability of such statute, the tax should be enjoined. -Miami Trust & Savings Bank v. Botts, 154. 5. Remedies for Wrongful Assessment-Appeal-Equity.

Where the statutes provide for appeal from assessment or equalization of property for taxation, that remedy is exclusive and resort cannot be had to equity.-Perry v. Carson, 263.

6. Same-Proceedings Under Tax Ferret

Law.

Since the Tax Ferret Law provides a remedy by appeal to county court from action of county treasurer on assessments of omitted property, where aggrieved party refuses to avail himself of such remedy, court cannot restrain collection of taxes.-Idem, 263. TAX FERRETS-See "Taxation." TENANCY-See "Landlord and Tenant." TENDER-See "Brokers"; "Contracts"; "Corporations"; "Guardian and Ward," 1. TIMBER-See "Indians," 7; "Logs and Logging."

TITLE See "Brokers"; "Champerty and Maintenance"; "Homestead."

TORTS-See "Appeal and Error," 46, 50; "Attachment"; "Attorney and Client"; "Banks and Banking"; "Bridges"; "Carriers"; "Damages"; "Death"; "Explosives"; "Judges"; "Master and Servant"; "Municipal Corporations." 3-8; "Negligence"; "Poisons"; "Railroads";

"Release"; "Sunday"; "Waters and Water Courses."

"Car

TOWNS-See "Municipal Corporations." TOWN SITES-See "Public Lands." TRANSCRIPTS-See "Evidence," 4. TRIAL-See "Appeal and Error"; riers," 2; "Damages"; "Death"; vorce"; "Estoppel"; "Insurance," 15: "Jury"; "Master and Servant"; "Municipal Corporations," 7; "Negligence," 7; "New Trial"; "Poisons"; "Railroads"; "Replevin"; "Venue."

"Di

1. Reception of Evidence-Rebuttal. Where plaintiff testified that steam was escaping from the top and bottom of defendant's engine and defendant's witness testified that steam could not escape from below on account of the mechanical construction of the engine, it was error to exclude testimony in rebuttal that steam could escape from below. -Talliaferro v. Atchison, T. & S. F. R. Co.,

27.

TRIAL Continued.

2. Reception of Evidence-Sufficiency of Objection.

An objection to evidence of a local custom or usage, not pleaded, that it is "incompetent, irrelevant, and immaterial," is sufficient in absence of inquiry by court or counsel as to the specific grounds.-Gilbert v. Citizens' Nat. Bank of Chickasha, 112.

3. Taking Case From Jury-Demurrer to Evidence.

Where the evidence is sufficient to reasonably tend to support the allegations of a petition that states a cause of action, a demurrer to such evidence should be overruled.-Lisle v. Anderson, 68.

4. Same.

It is only where the evidence and all the inferences therefrom are insufficient to support a verdict for plaintiff that demurrer thereto can properly be sustained.-Petroleum Iron Works Co. v. Bullington, 311. 5. Same.

The test on demurrer to evidence is that all the facts which the evidence tends to prove, and reasonable inferences therefrom, are admitted, and court cannot weigh conflicting evidence, but must treat as withdrawn that which is most favorable to demurrant.-Rawlings v. Ufer, 299.

6. Same.

Where the evidence introduced by the plaintiff in a cause when viewed in its strongest aspect, admitting all the facts which the evidence in the lightest degree tends to prove, and all the inferences and conclusions which may reasonably and logically be drawn from it, fails to establish the plaintiff's case, it is the duty of the trial court to sustain a demurrer thereto.-Farmers' State Bank of Jefferson v. Jordan, 15; New York Plate Glass Ins. Co. v. Wright, 47.

7. Direction of Verdict.

Where there is any evidence tending reasonably to sustain the petition, verdict should not be directed, the jury being the sole judges of the facts and inferences to be drawn therefrom.-Midland Valley R. Co. v. Rippe, 314.

8. Instructions-Province of Jury-Negli

gence

Carriers.

An instruction that if trap-door in floor of vestibule was open while train was in motion and by the utmost diligence the carrier could have had it closed, and plaintiff without negligence fell through, it is sufficient to raise a presumption of negligence of the carrier, does not invade the province of the jury. -Chicago, R. I. & P. R. Co. v. Dizney, 176. 9. Instructions-Master and Servant-Personal Injuries.

In a personal injury action by a railroad employe, instructions as a whole held proper. -Chicago, R. I. & P. R. Co. v. Penix, 4.

It is not error to refuse instructions fairly covered by the general charge.-Idem, 280. 15. Same.

The refusal of an instruction covered by instructions given by the court in another form is not error.-Simpson v. Mauldin, 92. TRUSTS-See "Guardian and Ward," 5; "Insurance," 4.

ULTRA VIRES-See "Banks and Banking." UNITED STATES--See "Master and Servant," 2-4.

USURY-See "Banks and Banking"; "Courts"; "Pleading," 4. - Limitations 1. Actions

tract."

"Usurious Con

Under sec. 1005, Rev. Laws 1910, providing that an action to recover usurious interest shall be brought within two years after the maturity of the usurious contract, where usurious interest is exacted upon a loan evidenced by a note, the note itself constitutes the "usurious contract," and the time in which suits can be instituted for usurious interest dates from the maturity of the note.Ardmore State Bank v. Lee, 169.

2. Same-Effect of Extensions.

Where a note, bearing a usurious rate of interest, matures and becomes due and payable on a certain date, but the holder of the note, for a valuable consideration, agrees to extend the time of payment, the statute of limitation does not begin to run as specified in sec. 1005, Rev. Laws 1910, until the expiration of said extension.-Idem, 169.

3. Recovery of Usury-Demand.

Under the second proviso in sec. 1005, Rev. Laws 1910, to the effect that before a suit

In action for injuries in raway caused by fright of horse at escaping steam, crossexamination of plaintiff as to the disposition of the horse was proper.-Talliaferro v. Atchison, T. & S. F. R. Co., 27. 2. Same-Impeachment.

Where attachment affidavit states grounds which are conceded to be untrue, and affiant is witness for plaintiff, it is not error to permit cross examination as to falsity of statements in the affidavit.-Farmers' Product & Supply Co. v. Bond, 244. WORDS AND PHRASES:

1. "Bale of Cotton."

A "bale of cotton," as the term is used in the commercial and business world, means a standard package of merchantable lint cotton, separated from the seed by the first process of a cotton gin, weighing approximately 500 pounds, and classable under one of the recognized market grades.-Chicago, R. I. & P. R. Co. v. Cleveland, 64. 2. "Grabbots."

"Grabbots" or oilmeal motes, are composed of small particles of refuse cotton, detached from, but left with, the seed in the first ginning process and generally separated and recovered by a process of reginning.—Idem, 64. WORK AND LABOR-See "Exemptions." WRITINGS-See "Evidence."

WRITS-See "Attachment"; "Evidence," 2; "Execution"; "Injunction"; "Mandamus" "Process."

WRONGS-See "Torts."