Injunction by Railroad against Disposses- | purchaser of the land on foreclosure sale sion by Owner Pending Institution of under the mortgage, who has also become Condemnation Proceedings, see Injunc- the assignee of the award made for it by tion, 44. the city, may maintain an action against Limitation of Injunctive Relief so as to the city for the amount due on the award. Permit Agreement on Damages or Con- Chicago v. Tebbetts, 104 U. S. 120, 26: 655 demnation Proceedings to be Instituted, see Injunction, 222. Consent of United States to be Sued for Property Taken in City of Washing ton, see United States, 167. 150. A bill to enjoin a railway company from maintaing its line through certain lands without making compensation, and also demanding just and adequate compensation, may be good as a petition for appeal from the condemnation proceedings, although the equitable relief asked is inconsistent therewith and must be disregarded. Cherokee Nation v. Southern Kansas R. Co. 135 U. S. 641, 10 Sup. Ct. Rep. 965, 34: 295 151. The circuit court of the District of Columbia could not legally entertain the motion to quash an inquisition taken under the act of Congress of March, 1809, authorizing "the making of a turnpike road from Mason's causey to Alexandria," and directing the inquisition when taken and signed to be returned by the marshal to the clerk of the county, to be by him recorded. The duty of the clerk being ministerial, the court had no authority to interfere. Curtiss v. Georgetown & A. Turnp. Co. 6 Cranch, 233, 3: 209 155. The temporary injury sustained on account of obstructions placed in a street right of action to a near-by property owner, during the building of a railroad gives a for any special damages sustained on such under Ohio Rev. Stats. § 3283, on account account, apart from a claim for damages of the depreciation, in the value of the property itself resulting from the permanent occupancy of the street with a railroad track. Shepherd v. Baltimore & O. R. Co. 130 U. S. 426, 9 Sup. Ct. Rep. 598, 32: 970 156. The owner of property taken by officers of the United States, without claim of title, but as private property taken for public use, may waive any objection he might be entitled to make, based upon the want of formal proceedings of condemnation, and, electing to regard the action of the government as a taking under its sovereign right of eminent domain, may demand just compensation for the property. United States v. Great Falls. Mfg. Co. 112 U. S. 645, 5 Sup. Ct. Rep. 306, 28: 846 Cited in Schillinger v. United States, 24 Ct. CI. 297-Dashiell v. Grosvenor, 27 L.R.A. 70, 13 C. C. A. 598, 25 U. S. App. 227, 66 Fed. 338 -Highland Ave. & Belt Ry. v. Matthews, 99 Ala. 27, 14 L.R.A. 464, 10 So. 267-Organ v. Memphis & L. R. R. Co. 51 Ark. 266, 11 S. W. 96-Reichert v. St. Louis & S. F. R. Co. 51 Ark. 502, 5 L.R.A. 188, 11 S. W. 696 -Cohen v. St. Louis, Ft. S. & G. R. Co. 34 Kan. 163, 55 Am. Rep. 242, 8 Pac. 138 -Platt v. Pennsylvania Co. 43 Ohio St. 241, 1 N. E. 420-Stewart v. Ohio River R. Co. 38 W. Va. 446, 18 S. E. 604. 157. A waiver of the right to compensa152. The award of a diminished amount tion by failure to make claim therefor of damages on second appraisal of prop- within the time limited by law extends only erty condemned under 1 How. (Mich.) to the excess of damages over benefits, unComp. Stat. § 3468, relating to union de der Ind. Rev. Stat. 1838, p. 337, authorizpots, entitles the petitioner to the differing the construction of a public canal, and ence between that sum and the first award, the payment of claims upon appraisement if that has been paid, although the peti- of damages above benefits, if such claim tioner is the party appealing and that stat- is presented within two years after the ute literally provides for judgment against property is taken possession of. Kennedy the party appealing. Backus v. Fort Street v. Indianapolis, 103 U. S. 599, Union Depot Co. 169 U. S. 557, 18 Sup. Ct. Rep. 445, 42: 853 153. Liability for the damages incurred from the flowage of water on the lands of others, caused by the construction of public works by former owners, follows the property transferred, and the transferee becomes liable therefor. United States v. Jones, 109 U. S. 513, 3 Sup. Ct. Rep. 346. 27: 1015 Cited in Kaukauna Water Power Co. v. Green Bay & M. Canal Co. 142 U. S. 278, 35 L. ed. 1012, 12 Sup. Ct. Rep. 173-Sweaney V. United States, 62 Wis. 400, 22 N. W. 609. 154. Where a mortgagee of land permitted it to be taken as a street, by a city, a 26:550 158. The owner of property taken by eminent domain for the approaches and terminal facilities necessary to the use of a bridge erected, under the authority of the act of January 26, 1901 (31 Stat. at L. 741, chap. 181), over a navigable stream, is denied no Federal right because the erection of the bridge was not begun within the time limit set by Congress, where the bridge has been constructed without complaint by the Federal authorities, Congress having, by the act of January 18, 1904 (33 Stat. at L. 6, chap. 5), extended the time for its completion. Stone v. Southern Illinois & M. Bridge Co. 206 U. S. 267, 27 Sup. Ct. Rep. 615, 51: 1057 Editorial notes. [Rights of mortgagee of premises taken. 18 L.R.A. 113. Rights of tenants and reversioners of property taken. 21 L.R.A. 212.] EMOLUMENTS. Of Officers of Army and Navy, see Army and Navy, VI. b. EMPLOYEES. See Master and Servant. EMPLOYERS' LIABILITY ACT. See Master and Servant, 42, 129, 130, 178. EMPLOYMENT OF DEBTOR. As Characterizing his Transfer to Employer as Fraud upon Creditor, see Fraudulent Conveyances, 77, 78. ENDOWMENT INSURANCE. Right to Set-off before Insurance becomes Absolute, see Set-Off and Counterclaim, 57. Endowment Rank of Knight of Pythias, see Insurance, 703, 714. Assignment of Endowment Policy, see Insurance, 397. ENEMY. Liability on Bond for Money Seized by, see Bonds, 110, 111. Confiscation of Property of, see Confiscation and Sequestration. Illegal Trading with, see Embargo and Nonintercourse, VII. Effect of War to Stop Interest on Debt due to, see Interest 170-173. Liability of Vessels of, to Capture, see Who are Enemies; Rights, Duties, and Disabilities of, see War, IV. EQUITY. I. Jurisdiction, 1-275. Powers on Equity Side of Federal Courts, see Courts, V. c, 4. Evidence in Equity Cases, see Evidence. a. General Nature and Scope, 1- Equity Pleadings as Evidence, see Evidence, III. Action for Value of Mortgaged Goods as an Mode of Reviewing Decree in, see Appeal Review of Findings of Jury in, see Appeal Costs in, see Costs and Fees, 19, 42, 62, 87, Decrees in Personam Concerning Property in Foreign Jurisdiction, see Courts, 6174. Dismissal of Suit in, see Dismissal and Discontinuance. IV. m. Sufficiency of Evidence to Overcome Plead- Variance Between Allegations and Proof, see Probative Effect of Pleadings in, see Evi- Requiring Payment for Improvements in, Rate of Interest on Decree in Equity, see Right to Jury Trial in, see Jury, I. b, 1, b. Enforcement of Statute of Limitations in, 206. New Trial in Equity Case, see New Trial, Parties in Equity Suit, see Parties. Relief Granted under Pleadings, see Plead- Admission in, by Pleadings or Failure to Cross-Bill in, see Pleading, V. Disposition of Issues by Court or Jury, see Right to Open and Close in Chancery Cases, Application of Ordinary Rules to United Propriety of Bill of Exceptions in Chancery Case, see Appeal and Error, 3455. Equitable Conversion, see Equitable Conversion; Wills, III. i. I. Jurisdiction. a. General Nature and Scope. Existence of Legal Questions in Suit as diction of Court of Equity by Agree- |