An Affair of Arms begin intelligently to determine whether or not a given case falls within the fair meaning and operation of the statute, they have begun to be familiar with an instrument that will be of incalculable utility in statutory construction and interpretation, and in forestalling those anomalous results that are, to some extent, unavoidable in any legal system, and are inherent in one that has become a fetich, and, so, an object of too inevi-
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table execration to the uninitiated. Sec ond, it would tend to encourage the more frequent use of equity by showing its possibilities. Those beneficent powers have never been fully exploited.4 4 Since this article was written, the author has had his attention drawn to the case of Wellner v. Eckstein, in 117 N. W. Rep. (1908), a Michigan case, in which this question of a constructive trust was raised though the case was decided upon other grounds; and the preponderating opinion of the Court was in favor of holding the murderer as a trustee ex maleficio. This, though dicta, is the latest pronouncement upon the subject.
Lincoln, Nebraska.
An Affair of Arms FRANCOIS de SCEPEAUX, Sire de Vieilleville and Marshal of France, tells in his Memoires of this curious "affaire" in which at its close he bore a part. In 1540 M. le Marechal de Mont-Jan died in Pi6dmont, leaving a very interesting widow, the Madame Philippes de Montespedon, who soon was surrounded by eager suitors, for she deserved these attentions, being a very honest and virtuous dame, adorned with great beauty, in the flower of youth, rich beyond measure, which gave a color to her perfec tions, for she had in her own right sixty thousand livres of income. The Marquis Jehan-Loys de Saluces was the first who offered his services, and to whom she seemed to listen, especially, as having to return to France he offered to escort her and to defray all the expenses, surely expecting to recoup himself out of her rentes after the wedding. It would not be difficult to construct the details of a journey which would be but a succession of joltings over wretched roads in lumbering coaches; of villainous lodgings at the inns; of strange and varied fare; of risks from highwaymen; and delays from bad weather. However these might have followed each other, the journey from Turin to the gates of Paris was at last ended. There Madame la Marechale kissed M. de Saluces, and then said: "Adieu, Monsieur, your logis is at the Hostel des Ursins, and mine is at the Hostel de Saint-Denis near the Augustins."
The Marquis was stung to the quick at such treatment, and did not hesitate to publish everywhere what he called the faithlessness of the fair Mar6chale, and to claim that there was a formal promise of marriage between them. Nor was this all, for he succeeded in interesting Madame la Dauphine, and even the King, who appeared to favor the marriage in pity of his sad case. Yet all this powerful influence availed him but little, for on his daily visits to her Hostel, he always found the Prince de la Roche-Yon, who was as the Sire quaintly puts it, "a sharp thorn in his foot." As he was unable to dislodge his favored rival, by all the ordinary means at his dis posal, he persuaded the King to summon a session of the High Court of the Parliament of Paris: the Presidents and Councilors of the Great Chamber. On the day appointed, M. de Saluces was present of course. Madame Philippes de Montespedon appeared, supported by the Sire Vieilleville, and attended by a number of noble Seigneurs, gentlemen and demoiselles. The First President, directing her to raise her right hand, "pour dire la veriU," asked her if she had not promised to marry the Marquis de Saluces there present. To this she replied: "Upon my faith, no!" The President was about to question her further and the Greffier was arranging his papers, ready to take notes, when the Dame pro ceeded thus:— "Messieurs, never before have I found
