4 Rights of railroads as against purchaser of abutting property-Lay.

ing additional tracks.

5 Street railway-Bridge over railroad track.

6 Street railway-Ordinances and statutes.

7 Elevated railroads.

8 Shade trees-Injury by telephone company-Removal by city.

9 Change of grade-Municipal liability-Rule in Wisconsin.

10 Change of grade-Municipality-Measure of damages.

11 Change of grade-Complaint for damages.

12 Change of grade-Injunction to restore.

13 Change of grade-Construction of statute-Special damages defined.

14 Statutory dedication of streets-Ownership of fee.

15 Opening or widening roads-Vacating streets.

ACKNOWLEDGMENTS.

16 Necessity of acknowledgment and who may make it.

17 Who may take acknowledgments.

18 Who may take acknowledgment of instruments executed to corpora-
tions.

19 Form and sufficiency of the certificate.

20 Conclusiveness of the certificate.

21 Proof by subscribing witness.

22 Acknowledgments by married women.

ADVERSE POSSESSION.

23 As to what constitutes-General principles.

24 As to what constitutes-Particular cases.

25 Necessity of actual occupancy.

26 Uncultivated lands held under conflicting patents-Sufficiency of

possession.

27 Extent of possession-Under deeds.

28 Proof of adverse possession-Sufficiency of.

29 Title by-Elements necessary.

30 Title by-As to necessity of good faith on the part of the claimant.

31 Title by-Good faith-Tacking possessions.

32 Title by-Payment of taxes-Time necessary.

33 Title by-Easements-Burial lots-Municipalities.

34 Color of title-As to what is-Necessity.

35 Adverse possession of highway.

36 Cotenants-Life tenants and remaindermen-Vendor and vendee.

37 Landlord and tenant-Parental and filial relations.

SECTIONS.

ALIENS.

38 Property by descent-Construction of statutes-Inheritable blood.

ASSIGNMENTS FOR CREDITORS.

39 Constitutionality of insolvency laws.

40 What constitutes-Execution.

41 Presumption of acceptance by creditors-Filing notices of assign-

ment.

42 Exempt property.

43 Preference of creditors.

44 Assignment as a conveyance of real estate in other states.

45 Setting aside previous conveyances of insolvent.

46

Miscellaneous notes.

47 Miscellaneous notes-Construction of statutes.

BONA FIDE PURCHASER.

48 As to what constitutes-General principles.

49 As to what constitutes-Particular cases.

50 Purging equities-Knowledge to put one on inquiry.

BOUNDARIES.

51 Agreements-Fences-Presumptions-Surveys.

52 Adverse possession--Lappage of constructive possessions.

53 Meander lines not considered as boundaries.

54 High-water mark as a boundary.

55 Streets and ways as boundaries.

56 Monuments control courses and distances.

CEMETERIES.

57 Title to cemetery lot-Rights of one using.

CHARITABLE USES.

58 Conveyances for-Definiteness required.

59 Conveyances for-Validity of-Perpetuities.

60 Conveyances for-Cancellation of.

61

Mortmain statutes-When in force.

62 Eleemosynary purposes-What are.

63 Preventing diversion-Parties and remedies.

64 Change of creed-Rights to property.

COMMUNITY PROPERTY.

65-69 Recent construction of, and amendments and changes made in the
statutes of the several states and territories since the compilation
on this subject contained in Vol. III, §§ 70-87; Vol. IV, §§ 68–71.

CONTRACTS.

70 As to what is a contract of sale-Recovery of purchase money upon

rescission.

71 Construction of contracts.

72 Time as the essence of the contract.

73 Breach of land contract-Measure of damages.

74 Breach of land contract-Liquidated damages.

75 Fraud-Representations as to amount, quality or value.

76 Fraud-Statements of opinion or intention.

77 Innocent misrepresentations-Concealment of facts.

SECTIONS.

78 Relief from fraud-Election of remedies-Sufficiency of procf.

Statutes in restraint of contracts-Gambling contracts.

79

80 Contracts champertous and in restraint of trade.

81

82

83

84

85

86

Rescission of-As to what is a disaffirmance.

As to the right of rescission-Particular cases.

Rescission of-Placing parties in statu quo.

CORPORATIONS.

Limitations upon corporate holding of land and making of con-

tracts.

Same-Foreign corporations.

Deeds and mortgages by-Power to make-Manner of execution.

87 Ultra vires.

88 Municipalities-Rights of lessee of market stall.

89 Municipalities and officers-Liability for wrongs and assessments.

90 Municipalities-Leasing of public property and public rights.

91 Legislative power to authorize cities to divert public property to the

use of railroads-Construction of statutes.

92 Power of the city to authorize the use of a street for a freight house.

93 Personal covenants.

COVENANTS.

94 Covenants running with the land.

95 Covenants in conveyance by life tenant and reversioner.

96 Covenants of warranty.

97 Covenants against incumbrances.

98 Breach of covenants.

99 Breach of covenants-Eviction.

100 Measure of damages for breach of covenants.

101 Breach of covenant of seisin.

102 Measure of damages for breach of covenant of seisin.

103 Miscellaneous notes.

CROPS AND EMBLEMENTS.

104 Title to growing crops.

105 Miscellaneous cases.

CURTESY AND DOWER.

106 Statement of case reported-Power of courts of equity to aid cred-

itors.

107 Power of court of equity to sell a widow's unassigned right of dower

to pay her debts-Authorities collated and reviewed.

108 Subjecting unassigned dower to the payment of debts.

109 Widow's estate in unassigned dower-Conveyances.

110 Curtesy of husband.

112 Dower in lands "exchanged "-Construction of statute.

113 Release of dower.

111 Widow's right of dower-Lands in which it may be claimed.

114 Jointure.

115 Assignment of dower.

116 Miscellaneous notes.

DANGEROUS PREMISES.

117 Liability of owner when innocent.

118 Liability of owner to those rightfully using.

119 Implied invitations upon.

SECTIONS.

120 Liability of owner to his tenant.

121 Fall of buildings-Liability therefor.

122 Contributory negligence.

123 Liability of municipalities and officers.

DEDICATION.

124 As to what constitutes-General principles.

125 As to what constitutes-Particular cases.

126 As to what constitutes-Maps and plats.

127 Maps and plats not legally executed.

128 Acceptance necessary.

129 Revocation of a dedication of a platted street.

130 Dedication of public parks.

131 Nonuser of dedicated lands-As to when the public may be

estopped from claiming the benefit of the dedication.

DEEDS.

132 As to what constitutes a conveyance.

133 Failure of consideration.

134 Alterations and filling blanks.

135 Witnesses.

136 Grantor and grantee.

137 Delivery of deeds.

138 Delivery as a part of the execution of a deed.

139 Date of delivery and taking effect of deed.

140 Delivery by recording.

141 Delivery to third persons.

142 Delivery to third persons to be delivered after grantor's death.

143 Delivery in escrow.

144 Presumption of delivery from grantee's possession of deed.

145 Surrender and cancellation of deeds.

146 Construction of deeds.

147 Construction of particular deeds.

148 Recitals in deeds.

149 Restrictions upon alienation.

150 Restrictions as to use of property.

151 Restriction against using property for saloon purposes.

152 Restrictions as to the erection of buildings.

153

Reservations in deeds.

154 Cancellation of deeds for mistake.

155 Cancellation of deed on account of grantor's mental incapacity.

156 Cancellation of deed for fraud.

157 Cancellation of deed for fraud-Return of consideration.

158 Cancellation of deed for undue influence.

159 Concellation of deed for fraud and undue influence-Fiduciary rela-

tions-Burden of proof.

160 Quitclaim deeds-Bona fide purchaser-Prior equities.

161

Miscellaneous notes.

162-179 Form of deeds-Recent constructions of, and amendments made

in, the statutes of the several states and territories since the compil-

ations on this subject in Vol. I, $$ 57-105; Vol. II, §§ 133–147; Vol.

III, §§ 181-197; Vol. IV, §§ 156-168.

DEFINITIONS.

180 Miscellaneous definitions.

DESCENT.

SECTIONS.

181 Statement of case reported.

182 Descent to next of kin-Property acquired from ancestor-Blood

of ancestor Statute construed.

183 Same-Cases reviewed.

184 Descent of Indian lands.

185 Descent of lands acquired by gift-Statute construed.

186 Per capita or per stirpes.

187 Adopted children.

188 Rights of child adopted in one state to inherit lands in another

state.

189 Bastards.

190 Descent to surviving husband.

191 Descent to surviving wife-Statutes construed.

192 Conveyance by widow remarrying-Statute construed.

193 Widow's quarantine.

194 Advancements.

195 Rights of creditors as against heirs.

196 Miscellaneous notes-Statutes construed.

DESCRIPTION OF REAL ESTATE.

197 Sufficiency of-General principles.

198 Sufficiency of particular descriptions.

199 Construction of descriptions.

200 Evidence to aid construction of.

EASEMENTS.

201 Creation of by prescription.

202 Creation of a highway by adverse use-Construction of statutes-

Creation of municipality.

203 Creation by grant.

204 Construction of grants of easements.

205 Way of necessity-Implied grand of.

206 Abandonment or vacation of an easement.

207 Destruction or change of an easement-Owner of servient estate.

208 Removing lateral support-Making excavations-Measure of dam-

ages.

209 Washing away quicksand by a city sewer.

210 Light and air.

EJECTMENT.

211 As to when the action will lie.

212 Sufficiency of the complaint.

213 Defenses in ejectment-Particular cases.

214 Equitable defenses-Vendee in possession under written contract.

215 Answer-Equitable defenses-Inconsistent defenses.

216 Practice in ejectment-Particular cases.

217 Proof-Plaintiff's title-Defendant's possession.

218 Proof Possessory title.

219 Judgments in ejectment.

220 Attorney's fees in actions of ejectment against a railway company

-Constitutional law-Class legislation.

EMINENT DOMAIN.

221 Statement of case reported.

222 Constitutional law-Statute authorizing condemnation of land for

an elevator.