Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1844-08-08
SUPREME COURT OF INDIANA.
CASES DETERMINED At TIE NAY TERM 1914.
tk<rorfed Sr tie Indiana ssafe Se-f,aeL)
S%ATrRDAY. June l.

SATURDAY, June j..
f"rce !. Gates. Error 10 the Cass {. e. Opinion BY
Judge StLLIsAS- Equity gives to a vendor of land. "a no
conveys the land without rcc'l,ing tie purchase money,
q lie" on the land tor the money, or any part Of II that
may remain" due, and this len prevails nsain~, any person
claiming under the purchase with notice OF the vendor 5
equity.
Where an answer IN chancerv contains an affirmation
not responsive to the bill, but in accordance of y fact
stated therein, such affirmation must be proved by the
party making II. Decree affirmed.
.Hathe"a T. the State. Error to the Huntington c. C..
Judgmenf affirmed.
Bo,cer r me State. Error to the Adams c. c. Judg-
mtnt affirmed.
Cook r. the State. Error to the Franklin c. C.. Opin-
ION by Judge DEWEY. No indictment for a capita! Of
fence can be found at a circuit court held by two asso-
ciate Judges, IN the absence Of the President. Judgment
rereTsod.
MosDAy, June IL.
Ritohey =. the State. Error TO the Perry e. e.. OHM
ion by Judge DEwEr. An Indictment for arson should
ale &c the value Of the property destroyed.
The Indictment should aIiege the property burned, or
set on fire, to belong to the person in actual possession in
his own right Judgment rerersed.
.Meeker RS. doe e1 dem. Place. Error to The Laporte & C..
Opinion by Judge SULLIVAN. /. In an action of eJect-
ment when the defendant is n mere tresPasser notice to
quit Il necessary.
= The date Of the demise as laid in the declaration is
now regarded "a merely formal and may be amended at
any time before verdict, provided II do not iniure or I'M
pose any hardship upon the defendant. Jadgmont If
frpsd.
Pierce 81 aL r. .MConneua al. Error to the Lagrange
T. =. Opinion by Judge BLACkTORD. Although the
admission of each individual member Of a firm that he l.
n partner. Is evidence to charge himself IT Is 70 evidence
OF the partnership against any other party.
As~umpsit against n. B., and C., as partners. y.
pleaded non a->umpsii; B. appeared and suffered indy
ment b, NIL dict and the wit was returned "not found
as To &. Held, that on the trial of the issue between the
plaintiff aud ", the admissions If u. Of the existence Of
the partnership of a, B, and G, Were inadmissib.e.
The existence of a partnership. like NEST other facts,
may be proved by one witness iat il is otherwise rs To
the proof necessary To support an Indictment Ion perjury.
To st,siaIn such an Indictment, two witnesses, or one
witness and corroboraiIng circumstances are l%ndlspensa
bic. Judgment rercrSed.
Nance r DaHfGry. Error 10 the Clay & &. Opinion
by Judge BLACxrOED. u IL be the understanding of the
a-sISnor and assignee of Il promissory note at the Time of
the assignment, that the assignee need not demand pay
ment oi Tie maker before a certain time, no laches can
he impnied to tie assignee Tor not commencing suit on
the note before that time.
The assignee OF such note obtained judgment on it
against The maker on the fifteenth of March. Held, that
the assignee could not, during that month be charged by
the assisuor with laches for not having taken out eXccu-
lion on the judgment. Decree affirmed.
Pkcda al. Z. k'pler. Error 10 the Wayne C.. c. Jadg-
pent offrwed.
Rams r. Sibcrt. Error 10 the Bartholomew c. c. JHdg-
incnt rCreyscd.