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TRIAL DE NOVO.

Evidence that could have been introduced on trial before justice of peace, and
no other, can be introduced on appeal where case is tried de novo. (Ütah.) 64.
TRUST.

Contract whereby title to property was taken in name of A., held to create a
trust and to entitle B. to a conveyance upon fulfillment by him of his part of
the agreement, and that A. must account to him for the money realized by
sale of the land. (Kan.) 96.
Corporate property purchased in good faith and for an adequate consideration is
not subject to a trust in the hands of the purchaser to satisfy unpaid debts of
the corporation, although he had knowledge thereof. (Or.) 86.
Mortgage of land by a married woman who was, as alleged, trustee for her son,
held not barred by the statute of limitations. (Nev.) 53.

Statute of fraud requires an express trust to be in writing, and a verbal agree-
ment between grantor and grantee of land that grantee shall take posses-
sion and use, lease, or sell, as he may deem best for interests of certain cestuis
que trust, and that the proceeds of sale shall be distributed in certain propor-
tions among them, is an attempt to create an express trust, and void. (Kan.)
804.

See EJECTMENT, 804.

VENUE. See CHANGE OF VENUE, 44.

VERDICT. See APPEAL, 390; CRIMINAL LAW, 78, 194; INTOXICATING LIQUORS,
654; MALICIOUS PROSECUTION, 36; SUNDAY, 78.

WAGES. See MASTER AND SERVANT, 926.

WAIVER.

Error in overruling demurrer to answer is waived by filing a replication and go-
ing to trial. (Mont.) 19.

Errors of trial court in refusing to quash service of summons are waived by ap-
pearance and answer of defendant. (Colo.) 5.

Payment of contract price for work that has been improperly done will not
prevent a party from suing for damages. (Wyo.) 537.

See JURY AND JURORS, 187.

WAREHOUSEMAN.

Sale of wheat in elevator to pay for advances made to owner, and payment of
amount received less amount due from him. (Kan.) 165.

WARRANTY.

Evidence that the general design is wrong of a harvester, sold with warranty that
it would cut 15 acres per day, is bad, is not admissible in defense for breach
of warranty in action on note given for purchase money, but it may be shown
that other similar machines failed to do the work warranted, to prove that
the machine was properly handled. (Kan.) 790.

WATER-RIGHTS.

Abandonment may be presumed from a continued non-user of a water-right, and
its application to some useful industry is one of the essential elements of a
valid appropriation. (Colo.) 901.

WHARF. See SAN FRANCISCO, 393.

WILL.

Devise being made by a father to his wife and children, when some of the chil-
dren, after his death, but before death of his wife, die intestate, under the
Mexican law, the interests of the deceased children vest in the mother, and
not in surviving brothers and sisters. (Cal.) 418.

Evidence held not to sustain finding of jury that testator was of unsound mind,
and that the will was obtained by undue influence. (Cal.) 491.

Heir (heredero) could be designated by will under Spanish and Mexican law if
proper words of designation were used. (Cal.) 418.

Marriage after making a will operates as a revocation thereof unless some set-
tlement is made by the will or by marriage contract for surviving wife and
children. (Cal.) 741.

See ESTATES OF DECEDENTS, 494.

WITNESS.

Chinaman who says he believes in the Christian religion, and takes an oath which
would bind his conscience to tell the truth, is competent. (N. M.) 84.
Expert only can answer question, "How long does it take to stop a train" of
cars? (Kan.) 151.

Instruction that jury should carefully weigh testimony of accused in his own be-
half and consider circumstances under which he testified, being an interested
party, held proper. (Cal.) 892.

Religious belief is never presumed to be wanting, and party objecting on that
ground to competency of witness must prove it aliunde. (N. M.) 84.
See COSTS, 57, 60; CRIMINAL LAW, 628, 650; EVIDENCE, 260.
WORDS AND PHRASES.

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Conceal," in Code Civil Proc. § 21. (Kan.) 168.
Filing" of paper in clerk's office. (Utah.) 525.

"Head of a family" as juror. (N. M.) 365.

"Instrument," in crimes act, §§ 121, 122. (Kan.) 628.

"Testamentary executor." (Cal.) 418.

"Three witnesses," in Code Crim. Proc. § 216. (Kan.) 628.

"Unopened" road, in Laws 1879, c. 150. (Kan.) 669.

"Writing," in crimes act, §§ 121, 122. (Kan.) 628.

WRIT. See CERTIORARI, 414; HABEAS CORPUS, 414, 751; MANDAMUS, 245,

QUO WARRANTO, 587, 828.

WRIT OF ERROR. See PRACTICE AND PROCEDURE, 721.

WRIT OF RESTITUTION.

884;

Possession taken by parties, after action to recover real property brought, will be
presumed to be under the defendant, and they may be evicted unless they
claim under and prove a title adverse to him. (Cal.) 33.

Sheriff, in action for recovery of real property, who finds other persons than
those named in the writ of restitution in possession, may refuse, without an
order of court protecting him, to execute the writ against them. (Cal.) 33.
WRITTEN AGREEMENT. See DELIVERY, 86; STATUTE OF FRAUDS, 100, 850.

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