FIRE INSURANCE.

1. STOCK AND FIXTURES-COMPUTING SCALE UNDER CONDITIONAL SALE CONTRACT-VALID POLICY.-In an action on a policy of fire insurance covering a stock of merchandise and fixtures, it cannot be contended that the policy was vitiated because there was contained among the fixtures a certain computing scale of which the plaintiff was not the sole and unconditional owner, title being vested in the vendor, where it was found that the scale was not specifically named in the policy, that the plaintiff waived in open court all claim for loss of or damage to said scale, and that he had not concealed or misrepresented any material fact relating thereto, although he had included it in his schedule of losses, believing that his equitable interest entitled him to recover the cash value of the property. (Coniglio v. Connecticut Fire Ins. Co., 596.)

2. FIRE AND EXPLOSION-CAUSE OF EXPLOSION-SUFFICIENCY OF FINDING. In such action, the finding that during the fire, but subsequent to the commencement thereof, an explosion occurred in the building, and that the explosion was occasioned by the fire, sufficiently indicates that the explosion occurred by reason of a fire within the building. (Id.)

3. COMPARISON OF TESTIMONY OF WITNESSES-PROVINCE OF TRIAL COURT. In such action it is for the trial court to make comparison of the testimony of witnesses. (Id.)

4. PURCHASER UNDER CONDITIONAL SALE CONTRACT-INSURABLE INTEREST IN PROPERTY.-A purchaser of property under conditional sale by the terms of which title is to remain in the vendor until full payment is made has at least an insurable interest to the extent of his payments on account. (Id.)

FORFEITURES. See Estates of Deceased Persons, 17-22.

FORGERY. See Banks and Banking, 3-7.

FRATERNAL SOCIETIES.

1. FRATERNAL INSURANCE ORGANIZATION - POWERS OF LOCAL CAMF CLERK. Where under the provisions of the constitution of a mu tual fraternal organization, a local camp clerk cannot be held to be anything more than a special agent of the organization with defined powers which were known to the members, he cannot waive any requirement of the laws of the organization, or by any act or course of conduct create an estoppel against it. (Valentine v. Head Camp, P. J., W. O. W., 192.)

2. FAILURE TO PAY ASSESSMENTS AS REQUIRED BY LAW OF ORGANIZATION-SUSPENSION OF BENEFIT CERTIFICATE.-Where the local camp

FRATERNAL SOCIETIES (Continued).

clerk of a fraternal organization had no power by any course of conduct to waive the requirements of the law of the society as to the time of payment of the assessments or the consequences thereof, the failure of a member to pay assessments as required operated ipso facto to remove him from good standing, and to suspend his benefit certificate. (Id.)

3. REINSTATEMENT OF MEMBER-APPLICATION-WARRANTY OF SOUND BODILY HEALTH-FALSE STATEMENT INEFFECTIVE REINSTATEMENT. Where the law of a fraternal organization required as a condition precedent to reinstatement the presentation of an application including an express warranty of present sound bodily health, a statement in such an application that "I certify, warrant and represent that I am in good sound bodily health," is clearly one upon the literal truth or fulfillment of which the validity of the contract depended and amounted to a warranty, and where the statement was false, there was no effective reinstatement. (Id.) 4. FALSITY OF WARRANTY KNOWLEDGE OF LOCAL CAMP CLERK-ORGANIZATION NOT ESTOPPED.-Knowledge of the local camp clerk of the falsity of such a warranty is an immaterial factor, since he could not by any course of conduct or possession of knowledge bind the organization in such a manner as to estop it from claiming that the warranty was false.

(Id.)

5. MONEY PAID ON ATTEMPTED REINSTATEMENT-RETENTION BY LOCAL CAMP CLERK-ORGANIZATION NOT ESTOPPED-LACK OF KNOWLEDGE UNTIL AFTER DEATH OF MEMBER.-The organization is not estopped from disputing the effectiveness of the reinstatement of a member by the fact that the local camp clerk retained money paid by the wife of the member upon his attempted reinstatement, which was paid a few days before the death of the member, where such death occurred before the head camp had knowledge of the payment. (Id.)

FRAUD.

1. INJUNCTION-EXECUTION SALE-HUSBAND AND WIFE-TRANSFER IN FRAUD OF CREDITOR.-In this action by a husband against a sheriff to enjoin the sale under execution of certain real property at the instance of a judgment creditor of the wife, it is held the evidence supports the findings that the original conveyance of the property which was taken in the wife's name was intended as a gift to her, and that her subsequent conveyance to a third party, who in turn conveyed it to the husband, was for the purpose of defrauding such creditor. (Tolbard v. Cline, 240.)

2. VENDOR AND VENDEE - EXCHANGE OF REAL PROPERTIES - DIMENSIONS OF LOTS FINDING AGAINST MISREPRESENTATION SUFFICIENCY OF EVIDENCE. In this action for damages for alleged fraud

CLXXX Cal.-53

FRAUD (Continued).

in making an exchange of real properties it is held the finding that no misrepresentation was made by defendants as to the size of their lots is supported by the testimony. (Tucker v. Beneke, 588.) 3. VALUE OF DEFENDANT'S PROPERTY - NONRELIANCE UPON REPRESENTATIONS-FINDING SUPPORTED BY EVIDENCE.-It is also held the finding that plaintiff did not rely upon the representations of defendants as to the value of their property is supported by the evidence. (Id.)

4. MISREPRESENTATION AS TO DIMENSIONS AND VALUE OF PROPERTYEXTENSION OF TIME ON MORTGAGE-WAIVER OF FRAUD.-Fraud in misrepresenting the dimensions and value of property in an exchange thereof for other property is waived where, after obtaining knowledge of the true dimensions and value, an extension of time for the payment of the mortgage on such property is requested and granted. (Id.)

See Attachment, 5; Banks and Banking, 9; Corporations, 19, 20; ·Deeds, 1, 3, 4; Estates of Deceased Persons, 30; Fire Insurance, 1; Vendor and Vendee, 1, 2.

FRAUDULENT CONVEYANCES.

PERSONAL PROPERTY-PROPERTY EXEMPT FROM EXECUTION-CODE PROVISION INAPPLICABLE.-Section 3440 of the Civil Code requiring immediate delivery, followed by an actual and continued change of possession of personal property to effectuate a transfer as against existing creditors, does not apply to property exempt from execution. (Bufkin v. Cline, 381.)

GIFTS.

UNCOMPLETED ATTEMPT NOT ENFORCEABLE.-An uncompleted attempt to make a gift does not vest any right to the thing in the donee, and it cannot be enforced by action in the courts. (Fidelity Sav. etc. Assn. v. Rodgers, 683.)

See Deeds, 7; Mortgages, 9; Wills, 13.

GUARDIAN AND WARD.

1. GUARDIANSHIP OF MINORS - UNFITNESS OF FATHER-CONDUCT AT TERMINATION OF PROCEEDING -CONFIRMATION OF FINDING.-Upon an appeal by the father of certain minors from an order appointing a brother of their deceased mother their guardian, and denying the father's petition, the finding that the father was not a fit and proper person to have their custody was amply confirmed by his conduct in assaulting the brother and attempting to assault the brother's wife immediately after the judge announced his decision, and had adjourned court. (Estate of Youngblood, 307.)

GUARDIAN AND WARD (Continued).

2. ACCOUNT-CHARGE WITH ENTIRE INTEREST IN NOTE-ORDER SETTLING ACCOUNT GUARDIAN CONCLUDED BY.-Where a wife, as the guardian of the person and estate of her husband, an incompetent person, charged herself. in her final account with the whole of a promissory note as belonging to the estate, in which she owned a one-half interest, the order of the court settling the account and directing the guardian to turn over the balance of the estate to the legally appointed administratrix of the estate of the deceased incompetent, was an adjudication against her of the fact that the estate of her deceased husband, and not herself, was the owner of the note and of the whole thereof, and in the absence of an appeal such order was conclusive and cannot be collaterally attacked. (Estate of McGue, 413.)

3. DEATH OF INSANE PERSON-SETTLEMENT OF ACCOUNT OF GUARDIAN -JURISDICTION.-Under section 1774 of the Code of Civil Procedure a court has jurisdiction in a guardianship proceeding of an insane person to settle the account of the guardian after the death of the ward. (Id.)

HABEAS CORPUS. See Criminal Law, 4, 5.

HIGHWAYS.

1. EASEMENT-PUBLIC HIGHWAY ACROSS CITY BLOCK-USER-INSUFFICIENCY OF EVIDENCE.-In an action by a city to quiet its title across a block of land on the theory that a public highway had been acquired by user, a judgment in favor of the defendants is supported where there was a failure to show that there was a user of any definitely delimited portion of the block continuously and adversely for five years with the knowledge of the owners or by their consent, direct or implied. (City of San Diego v. Hall, 165.) 2. DEDICATION AND ACCEPTANCE. The law relating to highways is indicated by section 2618 of the Political Code and all that is required is a dedication or abandonment by the owner and an acceptance thereof by the public, and to accomplish such dedication or abandonment and acceptance by the public, neither improvement of the way by public authority, nor payment of taxes by the public, is necessary. (Venice v. Short Line Beach Land Co., 447.)

3. INTENT TO DEDICATE EVIDENCE.-In order to constitute a dedication of land for a highway or abandonment to the public for such purpose, the owner's intention to that effect must appear, but such intent need not be manifested by any contract, writing, or express declaration of the owner, and may be implied from his conduct. (Id.)

HIGHWAYS (Continued).

4. DEDICATION QUESTION OF FACT.-The question whether a dedication of land for highway purposes has occurred in any instance is a conclusion of fact to be drawn from the circumstances of the particular case, and such circumstances must clearly show an unequivocal intention, manifested by appropriate words or conduct, or both, on the part of the owner to devote his land to public (Id.)

use.

5. ACCEPTANCE OF HIGHWAY-EVIDENCE-USER.-It is not necessary that the acceptance of a highway by the public be manifested by any direct action, ordinance, or declaration of the public authori ties, but it may be shown by mere user. (Id.)

6. PAYMENT OF TAXES INSUFFICIENT REBUTTAL OF PROOF OF DEDICATION.-Payment of taxes by the owner is not sufficient to rebut the proof of dedication, if such proof is otherwise sufficient. (Id.)

7. DEDICATION OF STRIP OF LAND TO PUBLIC USE-SUFFICIENCY OF EVIDENCE. In this action involving the character of a strip of land, it is held the evidence sufficiently shows the intention of the owners that the strip should be used by the public as a public street or alley for the convenience and benefit of the public and of the owners of the lots abutting thereon, and that the general use by the public was a manifestation of its acceptance thereof. (Id.)

8. DEDICATION BY AGENTS OF CORPORATION-ESTOPPEL.-A corporation is estopped to deny the authority of its agents to dedicate a strip of land to public use, where the entire subject of making sales of lots owned by it was left to the control of such agents. (Id.)

9. CORPORATIONS-AUTHORITY OF AGENT-EVIDENCE-The authority of an agent to act for a corporation may be shown by evidence that the person does business for the corporation and on its behalf, as agent, with the knowledge and acquiescence of its directors or general manager, or by their direction, as well as by the minutes of its board of directors or by a contract in writing. (Id.) 10. PUBLIC NUISANCE-OBSTRUCTION OF PUBLIC HIGHWAY—ABATEMENT BY PRIVATE PERSON--PLEADING INSUFFICIENT COMPLAINT.-In an action to secure a judgment decreeing the existence of a public highway over the lands of the defendant and to enjoin the defendant from obstructing the same, the complaint fails to state a cause of action where it is alleged that the way in question is a public highway, and there is a failure to allege that the highway constitutes the only mode of ingress and egress to and from plaintiff's lands. (Hitch v. Scholle, 467.)

11. ABATEMENT OF PUBLIC NUISANCE-PRIVATE ACTION.-If an obstruction which is wrongfully erected and maintained in a publie