223 Same-As to what is a public use and how determined.

224 Defect of parties waived.

225 Condemnation in order to continue a use after expiration of license.

226 Sufficiency of evidence on which to assess damages.

227 What is a public use-Power of legislature to decide.

228 Constitutional law-Legislative power.

229 Constitutional law-Creating "Park Systems."

230 As to the right of eminent domain.

231 Police power distinguished from eminent domain.

232 Taking property without due process of law-Assessments for im-

provements.

233 As to what may be taken-Railroad lands.

234 Additional servitude-Street railways-Sewers.

235 As to what is a taking.

236 Compensation must precede the taking.

237 Manner of determining amount of compensation-Due process of

law.

238 Practice-General principles.

239 Particular cases-Construction of statutes.

240 Irregularities may be waived.

241 Deposit of money-Equitable rights.

242 Practice where ownership may be in dispute.

243 Measure of damages-General principles.

244 Market value as a test.

245 Measure of damages-Particular cases.

246 Measure of damages-Construction of statutes.

247 Measure of damages-Improvements-Benefits.

248 Abutting owners' rights as against a corporate easement.

249 Condemnation for natural gas pipe line-Elements of damages.

EQUITY.

250 Subrogation-General principles.

251 Subrogation-Insurer of titles.

252 Subrogation-Holder of invalid securities.

253 Subrogation-Particular cases.

254 Priority of the right of subrogation over the right of dower.

255 Equitable control of the rights of creditors-Marshaling securities.

256 Relief from mistakes-General principles.

257 Relief from mistakes-Particular cases.

258 Relief from mistakes negligently made.

259 Relief from mistakes as to quantity of land.

260 Relief from mistakes of law.

261 Equitable conversion-Particular cases.

262 Equitable conversion -Devise or grant with direction to sell.

263 Relief from forfeiture imposed by a condition precedent.

264 Doing equity.

ESTATES.

265, 266 Statement of case reported.

267 Right to re-enter for breach of condition subsequent-Not a devis-

able estate-Only a grantor's heirs can exercise after his death.

268 Same-Authorities collated and reviewed.

269 Condition subsequent-Running with the land.

270 Conveyance and devise of reverter or right to re-enter for breach

of condition.

271 Forfeiture of estates-Confiscation by act of congress.

272 Fee simple estate.

273 Creation of fee simple estate-Statutes construed.

SECTIONS.

274 Estates tail.

Estates tail--Conversion into other estates.

Creation of life estates.

Conveyance of life estate.

Conveyance of life estate-Rights of grantee assuming incumbrance.

Rights of life tenant and remainderman.

275

276

Shelley's case.

Liability of life tenant for taxes, interest and repairs.

Future estates.

Expectant estates-Conveyances.

Limitations over.

Remainders.

286 Vested and contingent remainders.

287 Creation of vested remainders-Particular cases.

288 Vesting of estates.

289 Condition subsequent-Breach.

290 Condition subsequent-Conveyance in consideration of support.

291 Perpetuities.

292 Merger.

293 Merger--Conveyance taken by lien holder.

ESTOPPEL.

294 Title by estoppel--After-acquired title.

295 Recitals in deeds.

296 Estoppel in pais-General principles.

297 Estoppel in pais--Accepting benefits.

298 Silence when one should speak.

299 Estoppels in pais- Particular cases.

300 Estoppels as applied to the public-Boundaries.

301 Vendee estopped to dispute title of vendor.

302 Estoppel as a rule of evidence.

EVIDENCE.

303 Altered deeds--Admissibility-Validity.

304 Parol evidence--Negotiations-Collateral contracts.

305 Parol evidence to show true consideration.

306 Parol evidence-Particular cases.

307 Declarations affecting realty interests.

308 Admissibility of opinions-Proof of values.

309 Documents and records-What admissible.

310 Documents-Authenticity-Exemplification.

311 Non-existence of an instrument of record.

312 Proof of title.

313 Competency of witnesses.

314 Corporate action-Corporate existence.

EXECUTION SALES.

315 As to what real estate may be sold on execution.

31 Exemption of property from execution sale—Insurance money.

317 Issue, levy and return of execution.

318 Notice of sale.

319 Sales in parcels or in solido.

320 Certificate of purchase-Sheriff's deed.

322 Title, rights and liabilities of purchaser.

323 Purchaser's rights upon failure of title.

324 Validity of sales-Setting aside.

325 Miscellaneous notes.

proceeds-Purchaser's title

SECTIONS.

326

EXECUTORS AND ADMINISTRATORS.

Power of executors and administrators.

327 Rights as to possession and rents of decedent's realty.

328 Sale to pay debts.

329 Sale to pay debts-Practice.

330 Sale to pay debts-Parties.

332 Title and rights of purchaser at an administrator's sale.

333 Validity of sales-Setting aside.

334

Collateral attack upon sales.

335 Purchase by executor or administrator at his own sale.

336 Miscellaneous notes.

FORCIBLE ENTRY AND DETAINER.

343 As to what constitutes forcible entry and detainer.

344 Who may maintain the action.

FRAUDULENT CONVEYANCES.

346 As to what constitutes a fraudulent conveyance.

347 As to what constitutes insolvency.

348 Trust deeds.

349 Conveyances between near relatives.

350 Marriage settlements-Deeds of husband to wife.

351 Deeds of husband to wife-Burden of proof.

352 Conveyance of land bought with wife's money.

353 Voluntary conveyances.

354 Gift by insolvent debtor-Subsequent creditors.

355 Preference of creditors-Constitutionality of statute.

356 Taking mortgage upon property in excess of the amount of the debt

357 Taking mortgage to secure pre-existing debt or in discharge of

prior liens.

358 Sale and conveyance of exempted realty.

359 Conveyances in fraud of marital rights.

360 Setting aside-Parties-Pleading.

361 As to who is creditor.

362 Setting aside-Practice and remedies.

363 Setting aside fraudulent conveyances-Recovery of value of lands

from fraudulent grantee-Statute of limitations-Jury trial-Com-

petency of witnesses.

364 Exhausting legal remedies.

365 Removal of fraudulent conveyances as obstructions to an execution

sale of land.

366 Setting aside-Proof necessary.

367 Badges of fraud.

368 Setting aside-Burden of proof.

369 Fraudulent conveyances binding on the parties.

370 Equitable relief to the grantee.

SECTIONS.

HOMESTEAD.

371 Who may claim a homestead.

372 In what lands a homestead may be claimed.

373 Occupancy and use necessary-Contiguous parcels.

374 Amount of land claimed-Rural and urban homesteads.

Selection and allotment of homestead.

375

376

Sale or exchange of homestead-Exemption of proceeds.

377 Exemption of homestead from debts.

378 Debts for which a homestead is liable.

379 Rights of surviving husband, wife and children.

380 Abandonment, loss or waiver of homestead.

381 Conveyance and incumbrance of homestead.

382 Conveyance and incumbrance of homestead-Necessity of joint

Conveyance of husband and wife.

383 Conveyance of homestead between husband and wife.

384 Miscellaneous notes.

HUSBAND AND WIFE.

385 Antenuptial contracts.

386 Deeds of separation.

387 Conveyances between husband and wife.

388 Deed to husband and wife-Estate conveyed.

389 Estates by entireties.

390 Inchoate interests.

391 Effect of divorce on real property rights.

392 Divorce proceedings-Alimony.

393 Miscellaneous notes.

394 Occupying claimants.

IMPROVEMENTS.

395 Improvements by purchasers and mortgagees.

396 Improvements by tenants.

397 Improvements by cotenants.

398 Miscellaneous notes.

INFANTS AND INSANE PERSONS.

399 Validity of deeds of infants and insane persons.

400 Judicial sale of infants' lands.

401 Rescission by infant or insane person-Return of consideration.

INSURANCE.

402 Statement of case reported.

403 Insurance by life tenant-Right to proceeds.

404

405 Ownership in fee-Insurable interest.

of forfeitures.

406 Change of ownership-Liens and incumbrances.

407 Change of use-Increase of hazard.

408 Vacant and unoccupied building.

409 Condition against subsequent insurance-Invalidity of subsequent

policy.

410 Waiver of conditions of forfeiture.

411 Insurance by mortgagee.

412 Mortgagee clause and construction thereof.

413 Electing to repair-Liability of insurer.

IRRIGATION.

414 Constitutionality of irrigation statutes-Legislative control.

415 Appropriation-What constitutes-Abandonment.

SECTIONS.

416 Rights of appropriators of water-Priority.

417 Methods of taking water-Pumping.

418 Conveyance of water rights.

419 Appropriation of waters-Statutes of Idaho construed.

420

Construction of statutes.

421 Actions and adjudications concerning water rights-Judgment

Power of court.

422 Water rights on public lands.

423 Miscellaneous notes.

424 Appraisement.

JUDICIAL SALES.

425 Confirmation and conveyance.

426 Title and rights of purchaser.

427 Purchaser's liability upon failure to complete his purchase.

428 Control by court-Setting aside.

429 Agreement to set aside-Validity.

430 Setting aside sales for inadequacy of price.

431

Guardians' sales-Practice.

432 Guardians' sales-Description of land in petition.

433 Validity of guardians' sales-Setting aside-Collateral attack.

434 Miscellaneous notes.

LANDLORD AND TENANT.

435 As to when the relation of landlord and tenant exists.

448 Landlord's lien-Liability of vendee of crops.

449 Agricultural lien for advancements.

450 Rents.

454 What constitutes a lease-Execution-Validity.

460 Subletting.

461 Assignment of leases

462 Assignment of lease-Liability of assignee.

463 Destruction of property which lessee has an option to purchase-

Right to insurance.

464 Miscellaneous notes.