Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1844-11-28
SUPREME COURT OF INDIANA.
CASES pErERNISED AT the NOVEMBER rERn leia
gessrfed for The TadIasa SAFE Seafsaoi-
nr II KIERsrED, Eso.

l. III
MoxDas Nov. %.
Hfo,rland Reach ct al. Error 10 the fayete Circuit
Conrt Opinion BY SCILIyAS J. When a debtor owes
money on two several accounts he may eject 10 which
account payments made by hsm shall be applied III be
fails TO elect the creditor may make the application
The application of a payment either 10y debtor or
creditor may be proved by circumstances as wei as ny
words Deere affirmed
sIip.r = U.eLfshue Error o the Marion c &. Opin
ION by SUiIyAS j. II became the surety OF L. J. ~ L.
on an appeal bond AT the trial of The appeal IA the CIR
cult Court the appellee without the consent OF. knowi-
edge of the suret, agreed with the appellant that he
would take Judgment only against X l. and not against
l. aud Judgment entered Held that H. as The
surety no, liable the bond. Judgment rtrersed
Cause remanded.
DEwEYJ vendor OF real estate having lien upon II
for the purchase money bound proceed against
the land by foreign attachment ihe vendor having alb
seconded } but may enforce his lien IN equity. Judgment
affirmed.
Opinion bv DEWEY J. \ paro cement made BY a
creditor with specially debtor. the day the debt
payable 10 give further time without the knowledge of
the surety (ime being given accordingly does not dis
charge the surety.
In an action OF debt a specially, it is erroneous 70
render judgment for the plaintiff unanswered
plea of NIL debit Judgment reversed, and remand
ed with leave the defendant 10 reply demur to the
plea Of nal debit.
lance T. The inhabitants Of Congressional Township,
&c Error to the Montgomery {. &. OPINION nv BLACK
FORD J. Trespass for profits after Judgment in
eleciment Held that TO recover for profits accrung be-
fore service of the declaration ejecmen the plaintiff
must prove by other evidence than Judgment eject
men the defendants actual occupation of The premises
or receipt and profits before such service and
that of course, defeat such suit The defendant may
prove there had been such occupation. Judgment
rersod Cause remanded for another trial.
Bal Tho State. Error TO the TipPecanoo { L oPin-
ION by BLaokroap J. I'm indictment against pei.on
suffering gaming his grocery, should give the names
of the persons who PLAYED their be
known. Judgment Ttrersed.
j TUESDAY, Nov 26.
Opinion by SULLIVAN a LIS pendens duly prosecuted,
purchaser to affect ana bind hs inter
est by the decree.
purchase of right which is undergoing judicial in
vesgaon fraud upon the plaintiff aud 80 far con-
sdered nulliiy, that IT cannot avail against his title,
Decree affirmed
State a. Moses Error 10 the Noble G. &. Opinion by
SuLLIvASy. Where offence is prohibited by one stat
ute and penalty for violation aihxe by another,
indictment commission of the offence prohibited
must conclude contra formdm stdutorum. Judgment az
frmed.
I. Merriam ct al The State, rel IF Mitchell Error
the Noble c. c., opinion by DEwEr J. When decla-
ration contains Proert OF specially and oyer !. era
we'd If the plaintiff produce the instrument deoa
red he should obtain leave 10 amend hs declaration
The production Of copy will not do
I'm action sherIfs bond n the of the stale
for the Of elaor, assignment Of breach, that
the sheriff had officially received money belonging TO the
reato which he had failed TO pay HIM, insufficient
The title of the reIator 10 the money should be shown
In such action breach stating that the sheriff had
sold land n certain execution which bought by
the reato and lis price paid the sheriff that the safe
aterwa ards duly aside and the money demanded
by relator of the Sheriff, insufficient Ii should De
averrcd that the sheriff had that the sale had been
set aside. Judgment reversed.
Butler at al Dor dem Rookgfeliar. Error to tho
Franklin {. C. Opinion by DEWEY J. The purchaser
of equity Of redemption sustain eIectment for
the Morigaged premises against purchaser from the
mortgage of the legal estate.
Worth e Bufior Error 10 the Allen {. &. Opinion
10y BLAcKroRD J Words charging woman, who was
= never married with having had a little one winch she
had buried the garden, amount 10 charge O OTnlca-
ton. aud are actonable here bv statute.
In action of SANDER brought tins stale for such
words. VIII be presumed, until the contrary be found,
that lie words spoken IN this state Judgment
ycrsed.
= .ldridge r. Damn 4 al Appeal from the posev G &
Opiuson by BLAcRToEp j. \ vendors equitable lien
or real estate for unpaid purchase-noney, ecied
by la. taking pronispry note OF the vsndce Tor the
payment of such money.
That the vendor 81 real estate al The o sale
considered the vcndce able pay the purclas. none,
that the vendor took prom>>orN Tor the purchase
money pa, able several months after dale hen the
became due received part of the amount. "a,
mole for the balance payable a future time that
when the second is due. the purchaser had sii.
cent property besides sad land pay the debt and hat
the vendor had ondravored, effect 10 collect Tie
debt y suit at law. suc prove that the
vendor has 30 lien the land Cor The purchase money
purchaser from the Nendee for valuable IRA
non without noce, not bound by such lien bui cred
Iiurs OF the vendee obtaining Judgments against ham oi-
r. iher with wiib"us notice. bound bv such lien
II defendant IA chancery die before filing an answer
the suit cannot be revived On motion bll of re,,or
being necessary. DeeJeo r.reys'd
Hayes Po,corS. Appeal from the Dearborn G. &
Judgmen, affirmed.