342 HARVARD LAW REVIEW. Held, that as the deed was delivered to the grantee, it could not take effect as an escrow, and, therefore, was a valid deed from the time of its delivery, and passed the legal title to the plaintiff absolutely. Mowry v. Heney, 25 Pac. Rep. 17 (Cal.). It would seem, however, that the court might have held that the transaction was an attempt to make a donatio causa mortis of real estate, and therefore was of no effect. Real Property — Easements in Highways — Elevated Railroads. — The owner of an abutting lot, though he has no interest in the fee of the street, has never- theless easements of light, air, and access for which he can mamtain an action tor damages if they are impaired by the erection of an elevated railway. Abendroth v. A^ Y. El. R. Co., 25 N. E. Rep. 496 (N. Y.). See also 4 Harv. L. Rev. 70. Real Property — Estoppel by Negligence — False Pretences. — A deed or conveyance of real estate, perfect in form except that the grantee's name was left blank, was executed and acknowledged by the grantor and left with the defendant, who was to arrange the terms of the purchase with one of two persons named. The defendant fraudulently filled in his own name as grantee and had the deed recorded. He then executed a mortgage to a person who advanced money relying on the defend- ant's record title and ignorant of the fraud. Held, that the mortgage was valid, and that therefore the defendant was not guilty of obtaining money by false pretences from the mortgagee, as the latter had not been defrauded to his injury. State v. Matthews, 25 Pac. Rep. 6 (Kan.). Real Property — Fixtures between Executor of Tenants by the Curtesy AND Remainder-man. — Machinery attached to the realty by a tenant by the curtesy during his term, for the purpose of milling corn for the neighborhood goes on his death to his executor as against the remainder-man. Overman v. Sasser, 12 S. E. Rep. 64 (N. C). Real Property — Fixtures — License from Life-tenant — Removal. — One who has erected buildings on the land of a life-tenant has no right to remove them, under an agreement made with him by the life-tenant that he might erect and remove them. Demby v. Parse, 14 S. W. Rep. 899 (Ark.). Real Property — Husband and Wife — Curtesy. — A married woman can- not, even with the written consent of her husband, devise her estate freed from the right to curtesy. Middleton v. Steward, 20 Atl. Rep. 846 (N. J.). Real Property — Inheritance — Adopted Child — Collateral Inherit- ance Tax. — A legacy given to an illegitimate son, who, by an act of the Legislature authorizing the testator to adopt said child as his heir, was made the heir of said testator capable of inheriting "as if he had been born in lawful wedlock," is subject to the col- lateral inheritance tax. Commonweatlh v. Ferguson, 20 Atl. Rep. 870 (Pa.). Real Property — Inheritance — Rights of Adopted Child. — A statute of Tennessee provides that an adopted child shall have the rights of a child as if born the child of the adopting parent, and shall be capable of inheriting and succeeding to the latter's real and personal estate as heir and next of kin. Held, that the act of adop- tion does not make the adopted child the heir and next of kin of children born to the adopting parent. Helms v. Elliott, 14 S. W. Rep. 930 (Tenn.). Real Property — License — Revocation. — The plaintiff's land was so sit- uated that surface water from the land of the defendant ran over it. By agreement a drain was built, each constructing the part required on his own land through which water flowed constantly. This was of great benefit to the plaintiff, as it improved his land, and the water was of use for his cattle. Held, that as the plaintiff had expended money in building the drain under the agreement, the defendant was liable in damages for interrupting the flow of water by digging up the drain on his own land. Ferguson v. Spencer, 25 N. E. Rep. 1035 (Ind.). Statute of Frauds — Memorandum. — A memorandum in an auctioneer's book of a sale of land was signed by the auctioneer and otherwise good, but did not name the vendor. Held, it was not a sufficient memorandum to comply with the Statute of Frauds. Mentz v. Newwitter, 25 N. E. Rep. 1044 (N. Y.). ^ Telegraph Companies — Statutory Penalties — Stipulations. — A pro- vision in a telegraph blank, that all claims for damages for negligence in sending the despatch shall be made in writing within a certain time, or the company shall not be
