Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1902-06-30
RECENT JUDICIAL DECISIONS.

Shares of stock in a corporation are
held by the Supreme Court Of New
Hampshire in the case of Champoelion
vs.. Corbin 81 Att. Rep. 674. to be
personally. not realty, though the prop
erty of the corporation consists almost
entirely of real estate.
Where subscription to church
building fund is supported by the con-
sideration Of other subscriptions made
in reliance thereon. and is irrevocable
by the conditional subscriber at the
time Of his death. the Supreme Court
of Michigan, in the case Of Waters VS..
Union Trust Company go n. w. Rep.
$50, holds that his death does not op-
crate as a revocation thereof.
Where q citizen Of another State was
arrested in a civil action, while in at
tendance as u witness before referee,
and before he had completed his testi-
mony. the Supreme Court of New
Hampshire In the case of Dickinson
VS.. Farwell (51 Att. Rep. G24). holds
that such arrest was illegal, and did
not give the court jurisdiction, and
that he was entitled to discharge.
Life insurance policy on a bankrupt's
life which has no cash surrender value
Is held, in Morris vs.. Dodd (Ga.), 80
l.. r. A. 80, to have been lawfully
transferred by him to his wife within
four months prior to his petition in
bankruptcy, though the policy was pre-
viously payable to his legal representa-.
tives. The case has annexation show
ing the authorities concerning life in
surance as assets Of 4 bankrupt or in
solvent.
Title has been defined to he the
means whereby the owner of the lands
brother real property has the just and
legal possession and enjoyment of t..
Several stages or degrees are said to
be requisite to complete title to lands
and tenements, namely, the mere naked
possession or actual occupation Of the
estate, the right Of possession, and the
right Of property. The union OF these
three constitute complete title. Ac-
tual possession alone Is prima faciO
evidence of legal title. and without pos
session, no title is complete or per
feet. The right Of possession may OK.
list in one person, while the actual pos
session may be in another. There is an
apparent right Of possession which
may be rebutted by better right, and
an actual right Of possession which
will stand the test against all claims.
Descent and purchase are the only
modes by which title to real property
can be acquired to-day, although title
by prescription may be said to consti-
tute third way. BY descent Is where
the property is vested in a person by
operation Of law; by purchase, where
1t Is vested by the persons own act
or agreement. The latter includes CIV.
cry mode Of acquisition known to the
law. Where title to real property Is
founded on prescription it is on the as
sumption that he who has had quiet
and uninterrupted possession of thing
for long period of years Is supposed
to have just right without which he
could not have retained such posses
sion. This kind Of title is founded on
long usage. Technically speaking pre-
scription does not apply to land or cor
poreal property, but rather to incor-
poreal Entertainments. such "a rents,
right of way. and the like. In this
country 1t has been put on the ground
Of the presumption Of previous grant
or agreement which has been lost Ivy
lapse Of time.