Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1843-12-19

hEDsE~DAN, UFN D 1910.
Cofs, rs tAe council If the to,gn Of Lq'cregcaiursh. En-
ror to the Dearborn Circuit Court. Judgment affirmed.
JInes rs. LqTreacebursh In. Co. Error to the Dearborn
Circuit Court. Sullivan ]. A plea showing that the consid-
Grafton for which a note was given was a tract Of land which
the vendor at the time falsely snd fraudulently represented
himself TO be seized and possessed Of and had full power to
sell the same, when in truth he hal no title whatever to
said land nor right to sell il, is 4 good de 'euce TO an action on
said note. Judgment verersed
To a plea of Former Recovery. il the plaintiff replies de-
nying that the cause of action in The suit pending, is idenli-
cal with the cause Of action in the former suit named in the
plea. the issue is trablc by a Jury.
Allen Is. Smith. Appeal from he Marion Circuit Court.
Sullivan J. In the action Of di-seisin, as. in the action Of
ejectment, the legal title must prevail.
A possession and claim Of laad under an eXtcU'ory con-
tract Of purchase, is not such an adverse possession as Will
render 4 deed from the true owner void Tor champeIty or
maintenance. instruments VIII en- do MT pur1ort to convey
title cannot be the foundation Of an adverse possession.
Where there is 70 pivity either of contract or estate be-
tween the plaintiff and defendant, notice to quit Is unneoes-
Sary. judgment TererSeG.
Doiy Us. the State. Error to the Lagrange Circuit Cont
Dewey j. When an indictment found in the Circuit Court Of
one county is tried in the Circuit Court OF another county.
the record showing no change of venus and no Objection pc
ing raisei 10 the jurisdiction If the latter court, a change OF
venue will be presumed and the trial is legal
A verdict of guilty DISTINGUISHING the defendant frcm hold
ing any coffee of trust Is valid and authorizes a Jndg-
ment DISTINGUISHING hin from holding any "oice Of trust o.
pmGt.' Judqmsat affirmed.
D1ason as. Sae5g. Error 10 The Allen Cicuit Court
Dewey J. A purchaser Of real estate is not bound to a-
cept a deed executed by attorney.
! married woman cannot convey her interest in real e-
tate, except by joining with her husband in a deed, and by
acknowledging it. in the manner prescribed By the statute.
judgment TereTSef.
Finch rs. the state. Error to the Union Circuit Court
BlackfOrd j. The day Of the month ard the year when an
offence is alleged is an indictment to have been committed,
should be expressed in the indictment in words at length and
not in figures.
Indictments are not within the operation Of the statutes OF
amendments. Judgment reversed.
Poe. on the Demise If Cralce ct. al rs. Bales and rife.
Error to the Shelby Circuit Court. Blackford j. Aeeo ding
TO the common law, if a bastard die intestaie and without
issue. leaving real estate, the estate cScheats.
The Sth section of the Statue of 1881, regulating descents,
enables a bastard TO inherit property that descents through
his mother: but it does not enable his mother, brothers, Or
sisters, to inherit from him.
BY the 9th section of said statute, il a bastard die intcs-
tate and without issue, leaving a widow, she will inherit his
real estate. Judgment affirmed.