be shown, actually or constructively, that corporation has knowledge of the negligent condition of such streets. Approved in District of Columbia v. Payne, 13 App. D. C. 504, actual or constructive notice must be shown to hold municipality liable for injuries caused by defect in sidewalk; Denver v. Dean, 10 Colo. 379, 3 Am. St. Rep. 597, 16 Pac. 32, holding instructions charging city with notice insufficient; Orlando v. Heard, 29 Fla. 589, 11 South. 184, sustaining demurrer, where declaration does not show municipal corporation had notice; Doulson v. Clinton, 33 Iowa, 399, reversing judgment where evidence fails to show knowledge of defect; Kranz v. Mayor, 64 Md. 498, 2 Atl. 911, holding sufficient for jury testimony whether city had notice of repairs being negligently conducted; Baltimore v. Schnitker, 84 Md. 43, 34 Atl. 1134, holding no evidence to show sewer improperly constructed or negligence in maintaining it; Lindholm v. St. Paul, 19 Minn. 246, presuming notice where defect in public street is open and notorious; Freeholders v. Hough, 55 N. J. L. 642, 28 Atl. 91, holding freeholders chargeable with notice, where danger openly existed two weeks; Requa v. Rochester, 45 N. Y. 136, 6 Am. Rep. 57, holding defect in bridge known to inhabitants, sufficient to charge city with notice; Hume v. New York, 47 N. Y. 646, holding error in not instructing that city was not liable for secret defect; Jones v. Greensboro, 124 N. C. 314, 32 S. E. 676, reversing case where plaintiff failed to show notice of defects, causing injury; Ludlow v. Fargo, 3 N. D. 491, 57 N. W. 508, holding city chargeable with notice, where ditch was result of act of city; Mack v. Salem, 6 Or. 279, reversing judgment where evidence failed to show notice of defect by city; Franke v. St. Louis, 110 Mo. 540, 19 S. W. 944, holding sufficient to go to jury evidence of open and obvious defect; Dunn v. Wilmington etc. R. R. Co., 124 N. C. 260, 32 S. E. 713, holding keeping of engine under head of steam, evidence of negligence; Curry v. Mannington, 23 W. Va. 20, stating general rule as to notice required to charge municipal corporation with negligence. Liability of municipal corporation for injuries from defective streets. Note, 7 Am. Rep. 43. City's liability for damages occasioned in execution of governmental or sovereign power. Note, 66 Am. Dec. 437. Municipal liability as to stationary obstructions in streets. Note, Liability of municipality for defects or obstructions in streets. Miscellaneous. Cited in Jeffress v. Town of Greenville, 154 N. C. 493, 70 S. E. 920, where dedicated street had been used for many years and town constructed sidewalks, acceptance was sufficient. 4 Wall. 196-204, 18 L. Ed. 322, CHRISTY v. PRIDGEON. Supreme Court will follow the interpretation of local laws, affecting land titles, by the highest court of the respective States irrespective of decisions of sister States on like laws, or of the opinion of the Supreme Court as to the correctness of such interpretation. Approved in Nielsen v. Chicago etc. R. R. Co., 187 Fed. 397, 109 C. C. A. 225, following decision of State court that statute requiring railroad to fence tracks was void because not specially named in proclamation calling special session; Kuhn v. Fairmont Coal Co., 152 Fed. 1015, decision of State court that deed to coal underlying land did not contain implied covenant to sustain surface became rule of property followed by Federal courts; Reed v. Munn, 148 Fed. 749, 80 C. C. A. 215, where claimants of conflicting mining locations conveyed interests to trustee to adjust controversy, equitable interest of beneficial owners under trust agreement was seizable under execution; Whitman v. Atkinson, 130 Fed. 761, 65 C. C. A. 185, applying rule to action against stockholders on statutory liability under Kan. Gen. Stats. 1889, c. 23, §§ 32, 44; York v. Washburn, 129 Fed. 567, 569, 64 C. C. A. 132, oral contract for letting of realty located in Minnesota for more than one year, not complying with statute of frauds of such State, is not void and lessee cannot recover earnest-money; Williams v. Gaylord, 102 Fed. 375, 42 C. C. A. 401, following State construction of Cal. Stats. 1880, p. 131, § 1, that statute applies to mortgages by foreign as well as domestic mining corporations owning ground in State; Fidelity Ins. etc. Co. v. Mechanics' Sav. Bank, 97 Fed. 302, 38 C. C. A. 193, holding Kansas courts' decisions that stockholder sued on statutory liability may plead corporation's indebtedness to him determine rights of parties to action therefor in another jurisdiction; Louisiana v. Pilsbury, 105 U. S. 294, 26 L. Ed. 1096, holding uniformity of taxation applies not to all property in the State but to all property on which taxes are levied; McArthur v. Scott, 113 U. S. 391, 28 L. Ed. 1031, 5 Sup. Ct. 667, holding decree annulling probate void as to heirs born subsequent to such decree; Chicago Union Bank v. Kansas City Bank, 136 U. S. 235, 34 L. Ed. 345, 10 Sup. Ct. 1017, holding trust deed, conveying personal property for partnership debts, operated as mortgage; Bauserman v. Blunt, 147 U. S. 657, 37 L. Ed. 320, 13 Sup. Ct. 470, holding statute of limitations suspended while debtor, though resident, is absent from State; May v. Tenney, 148 U. S. 65, 37 L. Ed. 371, 13 Sup. Ct. 493, holding assignment to bona fide creditors cannot be avoided by unpreferred creditors; Wade v. Travis Co., 174 U. S. 508, 43 L. Ed. 1064, 19 Sup. Ct. 718, overruling previous decisions in force at time decision of United States Circuit Court was made; Hawes v. Contra Costa Water Co., 5 Sawy. 289, Fed. Cas. 6235, holding company bound to supply Oakland with water free for irrigating, etc., purposes; Barney v. Keokuk, 4 Dill. 598, Fed. Cas. 1032, holding corporation without right under charter to erect depot in street; Moore v. Young, 4 Biss. 135, Fed. Cas. 9782, holding unrecorded mortgage without delivery of possession void against assignee in bankruptcy; State v. Grand Trunk Ry. Co., 3 Fed. 889, remanding case, where proceeding was of a criminal nature; Lamb v. Farrell, 21 Fed. 8, holding suit in equity will lie to remove cloud from title; Beall v. Cowan, 75 Fed. 143, 21 C. C. A. 267, holding mortgage given to secure certain creditors not objectionable as assignment; First Nat. Bank v. Glass, 79 Fed. 708, 25 C. C. A. 151, affirming decision of State court as to homestead exemption; Hoge v. Magnes, 85 Fed. 357, 29 C. C. A. 564, holding tax deed, though void, gives color of title; Miller v. Perris etc. District, 85 Fed. 701, holding validity of organization conclusively established; Apis v. United States, 88 Fed. 939, holding rights of Indians to land in question not open to challenge; dissenting opinion in Ottenberg v. Corner, 76 Fed. 269, 34 L. R. A. 624, 22 C. C. A. 163, majority holding chattel mortgage valid though executed shortly before assignment; dissenting opinion in Johns v. Doe, 33 Md. 529, majority holding will not be embraced within provisions of code; Hill v. Boston, 122 Mass. 380, 23 Am. Rep. 366, holding question whether municipal corporation liable for tort, not arising in Supreme Court. Distinguished in Burgess v. Seligman, 107 U. S. 34, 27 L. Ed. 365, 2 Sup. Ct. 22, refusing to follow interpretation of State court, made after decision in Circuit Court. Questions of State law as to which State court decisions must be followed in actions originating in, or removed to, Federal courts. Note, 40 L. R. A. (N. S.) 391, 418. Mexican colonization law of 1824 was part of local law of Texas, after its independence, and State decision construing it is binding upon Supreme Court. Approved in Emeric v. Alvarado, 64 Cal. 556, 2 Pac. 432, holding unnecessary to decide whether deputation had authority to grant land. Rate of interest after maturity. Note, 47 Am. Rep. 75. 4 Wall. 204-210, 18 L. Ed. 325, LANFEAR v. HUNLEY. Act of Congress of 1856, confirming Spanish grant to Lanfear, did not enlarge or diminish what the original grant gave, but simply extinguished the claim of United States thereto; as regards adverse claimants, it concluded nothing. Approved in Lavedan v. Trinchard, 35 La. Ann. 541, holding congressional act confirming grant remitted adverse claimants to State courts. Supreme Court has no power to review an adjudication of State court purely on question of boundary, although the title is derived from act of Congress. It is limited to reviewing errors relating to title. Approved in Chapman etc. Land Co. v. Bigelow, 206 U. S. 45, 51 L. Ed. 956, 27 Sup. Ct. 679, Federal court refuses to revise decisions of State court that swamp-lands, reclaimed to some extent, lying between government meander line and main channel of river did not pass to grantee as riparian rights; Dower v. Richards, 151 U. S. 666, 38 L. Ed. 308, 14 Sup. Ct. 455, refusing to review upon error, decision of State What adjudications of State courts reviewable in Federal Supreme 4 Wall. 210-220, 18 L. Ed. 339, WITHERSPOON v. DUNCAN. Supreme Court will not interfere with revenue laws of States, nor with Approved in Illinois Central R. R. Co. v. Kentucky, 218 U. S. 560, 54 L. Ed. 1150, 31 Sup. Ct. 95, Federal Constitution does not preclude State from requiring corporation controlling and exercising franchise to pay tax thereon, though not actual owner of franchise; Paddell v. New York, 211 U. S. 451, 15 Ann. Cas. 187, 53 L. Ed. 278, 29 Sup. Ct. 139, land sub- ject to mortgage may be taxed for full value without deduction of mort- gage debt from valuation of land or owner's personal property; Ballard v. Hunter, 204 U. S. 257, 51 L. Ed. 472, 27 Sup. Ct. 261, nonresident owners of property assessed and sold pursuant to statute creating levee district not deprived of property without due process of law; Turpin v. Lemon, 187 U. S. 58, 47 L. Ed. 74, 23 Sup. Ct. 23, holding sales for un- paid taxes need not show of record that sheriff's return complied with statutory procedure; Hertzler v. Freeman, 12 N. D. 189, 96 N. W. 295, assessment of realty in name of another than owner does not render tax void; Coolidge v. Pierce Co., 28 Wash. 102, 68 Pac. 393, holding, under statute providing that proceedings for enforcement of tax shall be in rem, failure of taxing officers to enter realty owner's name after description of land is not substantial defect; State v. King, 64 W. Va. 607, 63 S. E. 494, forfeiture laws to enforce payment of taxes are valid; Harvey Coal & Coke Co. v. Dillon, 59 W. Va. 638, 6 L. R. A. (N. S.) 628, 53 S. E. 942, statute taxing chattels real, including lease, is valid; Cas- tillo v. McConnico, 168 U. S. 682, 42 L. Ed. 625, 18 Sup. Ct. 232, refusing to review decision of State court, upholding tax sale; Thomas v. Gay, 169 U. S. 277, 42 L. Ed. 745, 18 Sup. Ct. 345, upholding territorial act subjecting cattle of nonresidents grazing on Indian reservations to taxa- tion; Bowman v. Cockrill, 6 Kan. 342, upholding statute of limitation barring recovery of property sold for taxes; State v. Sponaugle, 45 W. Va. 419, 43 L. R. A. 730, 32 S. E. 284, upholding provision of State Constitution forfeiting land, failed to be entered for taxation. Place where property may be taxed. Note, 56 Am. Dec. 524, When land is entered and certificate given, the particular land is severed from mass of public lands, and becomes private property, subject to all its incidents, including taxation by the State, even though patent has not issued. When patent issues it refers back to time of entry; until such time United States holds mere naked title for benefit of purchaser. Approved in Christianson v. King County, 239 U. S. 364, 60 L. Ed. 332, 36 Sup. Ct. 118, organic act prohibiting disposal of public lands did not limit right of territory to legislate in regard to escheat of private property for failure of heirs; Bothwell v. Bingham County, 237 U. S. 647, 59 L. Ed. 1160, 35 Sup. Ct. 702, entryman, as beneficial owner of public land, may be taxed, though legal title remains in United States; Wilson Cypress Co. v. Del Pozo Y. Marcos, 236 U. S. 651, 59 L. Ed. 769, 35 Sup. Ct. 446, Spanish grant confirmed and surveyed was segregated from public domain and subject to taxation by State, though survey not confirmed by land commissioner; United States v. Detroit Timber etc. Co., 200 U. S. 338, 50 L. Ed. 506, 26 Sup. Ct. 282, bona fide purchaser of standing timber from holder of receiver's final certificate of purchase, on avoidance, for entryman's fraud, of subsequent patents, need not account to government for timber cut; Hodges v. Colcord, 193 U. S. 196, 48 L. Ed. 679, 24 Sup. Ct. 433, one who by contract induced relinquishment in local land office of homestead entry made by disqualified entryman has right of entry though settlement made between homestead entry and initiation of contest; Clark v. Herington, 186 U. S. 210, 46 L. Ed. 1131, 22 Sup. Ct. 874, holding recovery of damages for breach of covenant of warranty in conveyance by grantee of railroad of lands selected as indemnity lands which were only open to homestead and pre-emption entry cannot be defeated by contention that land department could not cancel such selection without notice; Stearns v. Minnesota, 179 U. S. 251, 45 L. Ed. 177, 21 Sup. Ct. 83, holding contracts between Minnesota and railroads exempting them from all other taxes until sale or lease of lands were not void; Cloquet Lumber Co. v. Burns, 207 Fed. 45, 124 C. C. A. 600, plaintiff entering and occupying land for nine years under homestead laws could maintain replevin against defendant cutting trees, though land unsurveyed and no entry made in land office; United States v. Southern Oregon Co., 196 Fed. 426, in suit by Federal government to decree forfeiture of land for breach of condition of grant, defendant denying right of government cannot restrain collection of taxes by county; Hoyt v. Weyerhaeuser, 161 Fed. 329, 88 C. C. A. 404, entryman upon land within indemnity limits of grants to railroad before secretary's approval of selection by grantee has equitable title; Clearwater |