Volume 57 — New York State Reporter

<p>1. Executors, etc—Accounting.</p> <p>A full settlement and release under seal between legatees and executors, which have not been attacked in any way, are valid" and an answer to an application by a party to the release to compel an accounting.</p> <p>3. Same.</p> <p>The fact that a party to such settlement is an executor as well as legatee does not prevent the settlement from being binding on him.</p>

<p>Appeal from an order denying a motion to appoint another referee, in an action of ejectment, in the place of a former referee.</p>

<p>Appeals from orders denying motions to set aside various attachments granted in each of the above entitled actions.</p>

Appeal by the defendant from a judgment entered upon the decision of a single judge at a trial before him by stipulation at a special term.

Action to recover moneys alleged to have been loaned to the defendant company by plaintiff’s assignor, and for services rendered to it by him as its manager.

<p>Appeal from supreme court, general term, fourth department.</p> <p>John E. Mason a student at law, moves the court for exemption from rule 4, subd. 3, requiring proof that an applicant for .examination for admission to practice as attorney or counselor at law, within three months after beginning his clerkship, passed the regents’ examination ; this, on the ground that applicant’s academy had failed to inform him of his failure to pass in one of the required subjects. Motion denied.</p>

<p>1. Indians—Leases oe Land.</p> <p>The state legislature has no power to authorize leases of Indian lands.</p> <p>2. Same—Act oe Congress.</p> <p>Act of .Congress of February 19, 1875, gives priority of right to a renewal in favor of possession under a lease, made to. another after such act, and after the expiration of the former’s lease and before the renewal.</p> <p>3. Same—Judgment in Ejectment.</p> <p>An unexecuted judgment in ejectment, recovered by the Indian Nation, does not affect such right.</p>

<p>1. Marriage—Proof.</p> <p>When a meretricious relation between the parties has been established its continuation will be presumed until proof of a change and of a marriage.</p> <p>2. Same.</p> <p>In such case, marriage will not be presumed from cohabitation and reputation, but proof of a subsequent actual marriage is necessary.</p> <p>3. Same.</p> <p>A mutual consent, per verla de praesenti, is the prime requisite to a valid marriage.</p> <p>4. Same.</p> <p>An agreement, per verba de futuro, not only fails to prove actual marriage, but, by its very terms, excludes any such conclusion.</p> <p>5. Same.</p> <p>A paper in the following words: “This is to certify that Annetta F. McGrath is my true and beloved wife, whom I love,, honor and cherish,” and signed by the defendant, was held not to have been executed, if at all, as evidence of a marriage duly entered into, but as a cover to enable the plaintiff to hide illicit intercourse.</p> <p>6. Trial—Findings.</p> <p>It is only the necessary, general or ultimate facts, constituting the foundation of the decision, which must be found.</p>

<p>1. Principad and Surety—Subrogation.</p> <p>A surety, upon payment of the principal’s obligation, becomes subrogated to all the latter’s rights in respect thereto.</p> <p>2. Same.</p> <p>When the consideration for the obligation paid by the surety has been wrongfully and fraudently diverted from the principal and converted by a third party, the wrongdoer is bound to respond to the surety, no matter how many intervening rights may be called into play to enforce such result.</p>

<p>Appeal from an order confirming the report of the referee.</p>