The San Francisco call., 1896-02-04

having It's top or apex with the lines, be
bounded by the side lines of the surface loca-
tion extended downward or otherwise.
A decision which will greatly interest
insurance companies was rendered IN the
case OF the Mutual Life Insurance Com
Seiby, defendant in error. and most in
surance companies may feel inclined to
question the justice of it.
1t seems that a soldier on the pension
roll named William Selby insured his life
for $40 900. In his statement to the COM
pany's medical examiner he represented
that he had secured q pension on the
ground of general disability, but that he
had no acute or chronic diseases. Inves-
tigation of the pension list developed that
he was afflicted with several acute and
chronic diseases.
The company refused to pay the policy
on the ground that the statements made
by the insured had been false, and that as
his false warranties were part of the
contract, and the company's promise to pay
was based upon their supposed truth as
condition of the contract, the policy was
actually void.
For some reason or other much of the
evidence which the company offered to
show that Selby had made false statements
jury returned verdict favorable to the
Selby claim.
Judge Gilbert, in writing the decision,
admits that questions of fact did not come
up before him for review-only questions
of law-consequently the appeal of the
case was not heard on the real merits of
the facts involved in the controversy,
but as he saw no reason in the que estions
OF law considered for reversing the judg-
ment of the court below he affirmed ii.
General Agent A. b. Forbes explained
yesterday that his company would
lever have accepted Selby as risk had it
been properly informed of his true physi-
cal condit ton, and that in. justice to its
thousands and thousands of policy-holders
1T stood upon its right to contest such
claim, as it could not afford to jeopardize
the interests of its policy holders by pay
ing claims which are based upon false
representations.
The right of State to tax the property
OF It's citizens on an Indian reservation
was involved in the appeal of County
Treasurer John S. Truscott of Custer
county, Mont, in his case against the
Hurlbut Land and Cattle Company of Illi-
nols. The appellate court held that Mon
tana had the right to tax the cattle of the
defendant grazing on the leased Grow In
dian reservation, and that the treaty
rights of the Indians were not impaired in
any way thereby.
Judgment was affirmed in the two cases
OF Joseph NaDhtaly against julius Bxby
and josiah 5. Smith. The title to a Mex
ican grant of land in Contra Costa County
had been called into question The land
was originally owned by the Romero
brothers.
The court held that the men who had
Jumped" Naphtaly's land were intruders,
and that the court in sustaining Naph-
taly's objections to great deal of i'm
material documentary evidence produced
by the defendants did not err.
Another land case was that of the
Northern Pacific against James Delacey,
and the court decided against the railroad
company. Delacey had pre-empted
piece of land before the general route of
the Northern Pacific had been made. He
eontended that his prior claim excluded
1t from the company's grant. The ap-
pellate court so held and reversed the
court below.
Judgment was affirmed in the replevin
suit of James G. Drake and Samuel Vim
son against the ST. Paul, Minneapolis and
Manitoba Railroad Company to recover
two locomotives valued at $4,000.
The appeal of Twymen o. Abbott from
the victory gained by the Government in
the Circuit Court of the Western Division
of Washington (State) failed, and the
judgment was affirmed.