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294 294 HARVARD LAW REVIEW, alimony passes by a decree which gives the land to the wife as alimony, although the crop is not referred to in the decree. Herron v. Herron, 25 N. E. Rep. 420 (Ohio). Real Property — Equitable Easements — Paramount Charge. — The de- fendant D. was owner in fee of a triangular piece of land subject to a restrictive covenant in favor of the defendant S. and others that it should never be built upon, which made the land almost valueless. The street in front of the land was improved under a statute that made the betterments " a charge on the premises in respect of which " the expenses for such improvements " were incurred." Held, that this was a charge, not upon any particular interest in the land, but upon the whole proprietorship in it ; so that the land may be sold free from the restrictive covenant. Guardians of Tendring Union v. Dowtoft, 45 Ch. D. 583 (Eng.). Real Property — Lease — Condition against Sublease. — A lease pro- vided that the premises "should be occupied for the sale of teas, coffees, spices, and similar goods," and that the lessee " should not sublet or permit the occupancy by any other party without the written consent of the lessors." By an oral license the lessors permitted the lessees to sublet to a person for a mu-sic store. Held, that this was not such a waiver of the conditions as would give the right to sublet to any one else or for any other business. Wertheimer v. Hosmer, 47 N. W. Rep. 47 (Mich.). Real Property — Tax Sale — Notice to Person in Possession — Re- demption. — One who, without any claim of ownership or the right of possession, herds his cattle on a range of open and uncultivated land is not in possession of a quarter-section forming part of the range within the meaning of Code Iowa, § 894, requiring notice of the expiration of the time of redemption from a tax sale to be served on the person in possession of the land. Brown v. Pool, 46 N. W. Rep. 1069 (Iowa). Sales. — "Where a purchaser of personalty, under a contract by which the title is to remain in the seller until payment of the entire price, has unconditionally promised to pay the price therefor, and has taken possession of the property and used it as his own, and it is burned while in his possession before payment of the purchase-money becomes due, without any negligence on his part, he is liable for the price contracted to be paid. Tufts v. Griffi-n, 12 S. E. Rep. 68 (N. C). See Swallow V. Emery, 1 1 1 Mass. 356, contra. Sales— Deposits of Wheat with Miller. — The plaintiffs delivered wheat to the defendants, who were dealers in grain and conducted a warehouse and flouring-mill, and the defendants agreed to deliver to the plaintiffs on request a certain quantity of bran and flour for each bushel of wheat. Before the delivery of all the flour and bran, the warehouse of the defendants was burned without fault on their part and the flour and bran destroyed. Held, the transaction was a sale and not a bailment, as there was no undertaking to restore the same wheat either in its original or in an altered form, and so the defendant must pay for the wheat. Woodward V. Semans, 25 N. E. Rep. 444 (Ind.). Trespass — Accidental Injury — Negligence. — In the absence of negli- gence a man who accidently shoots another is not liable in an action of trespass. Stanley v. Powell, 39 W. R. 76 (Eng.). An effort is made to distinguish all the old cases which appear to lay down a contrary doctrine. The American law has long been in accord with this case, and there has been little doubt that the English law would be declared the same at the first opportunity. Trusts — Conflicting Equities — Priority of Notice. — A solicitor re- ceived a sum of money and represented .that he had invested it in a specified mortgage, whereas it was standing in his own name. Later, the solicitor depos- ited the mortgage deed with his banker as security for an overdrawn account. The bank, without any notice of the client's claim and before any notification by the client, notified the mortgagor. Held, that the solicitor was trustee of the mortgage for his client ; but that the bank should not gain by preference, as the principle of Dearie v. Hall, 3 Russ. i, did not apply to a mortgage of realty. In re Richards, 45 Ch. D. 589 (Eng.). Trusts — Oral Trust in Land. — At common law, while a trust in land may be created by parol, there must be a valuable consideration to support the