follow it, if necessary, when one of the partners attempts to appro
priate it to the payment of his individual debts; yet a mere simple
contract creditor cannot maintain a suit for this purpose unless the
partnership has in some manner gone into liquidation, or its prop-
erty has been subjected to a trust for payment of debts—as where an
assignment has been made in fact or in law.
Ib.
8. Unpaid subscriptions to the capital stock of a company are corporate
property constituting a trust fund which can be reached by creditors
in a court of equity. Marsh et al. v. Burroughs et al.,
1. Where a party is in possession of lands, claiming under an adverse but
defective title, without any fraud either of himself or his grantors,
he cannot be held to be the trustee of the party holding the true title,
nor if he has sold the lands, made to account for the proceeds of the
sale to the true owner. Gaines v. Lizardi,
56
2. A mortgagee with power to sell is, in Georgia, a trustee for the mort-
gagor, his heirs, etc., and as such is accountable in equity, and this
although the power may not be regarded as collateral, but coupled
with an interest. Lockett v. Hill et al.,
See BANKRUPTCY, 23, 24. EQUITY, 10, 11, 13. POWERS, 7.
UTILITY. See PATENTS, 20, 21, 22.
1. A person who has sold goods and delivered them to a common carrier
to be conveyed to the vendee, cannot maintain an action against the
common carrier for their loss. Blum, Frank & Co. v. The Caddo, 64
2. In such a case the right of stoppage in transitu in the vendor does not
affect the right of property in the vendee.
Ib.
3. A vendor in making a contract of affreightment with a common carrier
acts as the agent of the vendee, although the vendee may be a stranger
to the carrier.
Ib.
1. In Texas, a vendor's lien is not superior to or different from the ordinary
lien of a mortgagee holding a mortgage given for the purchase money
of the property mortgaged. King v. The Young Men's Association, 386
2. In Texas, the reservation of a vendor's lien in the deed of conveyance is
equivalent to a mortgage taken for the purchase money contempo-
raneously with the deed. The purchaser has the equity of redemp
tion precisely as if he had received a deed and given a mortgage for
the purchase money, and he has the right to redeem.
3. If the purchaser has sold the land to a third person, and the deed has
been duly recorded or made known to the original vendor holding a
vendor's lien, the holder cannot turn such third person out of posses
sion or extinguish his rights without legal process.
VOTING. See CONSTITUTIONAL LAW, 16.
A., in Boston, was in correspondence with B., in New Orleans, in reference
to the chartering of a ship to B. to carry freights from New Orleans
to Europe, and represented that the ship would sail from Boston for
New Orleans on a day certain. Held, that the representation amounted
to a warranty that the ship should sail on that day. The ship did not
sail for two days after the time fixed; therefore, B. was not bound.
Deshon v. Fosdick & Co.,
286
1. Under the law of Louisiana the probate of a will is not conclusive
against parties in possession of property which is sought to be re-
covered from them by virtue of it, unless they were parties litigant
in the probate proceedings. Fuentes v. Gaines,
2. When the validity of a will is brought in question incidentally on ques-
tion of title to property, it is open for investigation in any court in
which the title may be litigated, whether a state court or a court of
the United States.
See PRACTICE IN EQUITY, 6.
WITNESS. See CONSTITUTIONAL LAW, 24, 25. PRACTICE IN EQUITY, 63,
65, 66, 68.
1. When a writ of venditioni exponas, issued from the circuit court, ran in
the name of the president of the United States, bore teste of the chief
justice of the United States, was under the seal of the court, but was
not signed by the clerk, but by the deputy clerk in his own name,
neither the writ nor the proceedings under it are void. Griswold v.
Connolly,
193
2. The defect in the writ could only be taken advantage of in a direct, and
not in a collateral proceeding.
Ib.
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