Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-07-31
sUrREME COURT OF INDIANA.



Reported for the Indiana STATE Sentinel
THuRsDAr, July IL, ls45.
West T. Rousseau In error TO the Green G. e. Opn-
ion by SULLIVAN. /. In action OF T. A. s. b. where
PENDANT plead assault, and the plaintiff assign,
alleging that the irespass complained OF Is not the one
justified in the defendants plea, but another and different
trespass which issue taken viii be suicient 10
the issue the part Of the plaintiff he prove
the trespass set out in the new assignment
g. But if in such action there be two counts IN the de-
caraon and the defendant besides the general issue to
the whole declaraton plead justification TO one OF the
counts and the plaintiff to The special Pea new as
sign, il will then be necessary for him to prove Two as
saus besides that which he has waived 10 avail himself
of the tresPass in the count not justified Judgment re-
rersed.
C. C. Opinion by DEWEY J. deed Of bargain and sale
Of real estate made by an infant Is voldabie, and moi
void contract. l.
Such deed may be dsaffrmed after the arrival of the
gantor full age by giving written notice to the grantee
person possession, of the intention 10 dsafrm u,
and by commencing action of ejectmen for the prem
Uses reclaimed.
A female infant residing in Pennsylvania executed
deed of bargain and sale, there for land lying in this
State She afterwards married. but whether before or az
her majority is known, is it known where she
and her husband resided since the conveyance Held,
that the lapse of five years after the wfes majority, with
any attempt to dsafrm the conveyance did not IN
der the circumstances stated preclude the husband and
wife from disafhrmng it.
Brothers and sisters of the half blood inherited under
the law prevailing in 1885, the estate of deceased bro
Before the commencement of action of eecment,
disamng infants deed, the grantee tenant in pos
session have notice of the intention 10 dIsafrm.
In action of ejectment for entire tract OF land
any undivided portion of it may be recovered judy
raeHt reversed.
SATURDAY, July 10.
Bell ct al o. State Bank of Ind. In Tippeca-
noe C. c. Opinion by DEWEY. A signed, and en-
dorsed printed form Of prOmssoy note, payable nine
y days after date the Branch Bank Lafayette there
blanks for the date the of the payee and the
sum TO be paid in the margin was printed "credt the
drawer" signed by b. In this shape the sub
mt.ed by the Directors of the Branch Bank for the
purpose of renewing in Bank between the same
parties about become due. not being prepared 10
pay the usual curailmen the directors refused
ninety days, but willing TO al thnty days.
The clerk OF the board and of the bank
the result A. who directed the clerk make the blank
thirty day note, which accordingly done without
the knowledge consent of b. The blank for the date
was filled up with the day WHICH the old note wss
DUE and ninety days erased and thirty inserted in its
place Held, that not liable the note finally
perfected. 80
The ndorser lived in the country about four or 1--WE
miles from Lafayette, which his residence
any other post the indorser used the post office
Lafayette notice of the payment of the note d.
rected to the ndoser Lafayette put into the post
that place Held, that the notice sufficient Judg
fncnt reversed
Bridges o. FIoud Error to the Sullivan Probate c.
Judgment affirmed. Three per damages.
Board of Trustees Of ViHceHRes University Elisha
Em6ree. On motion. Opinion by BLACKBOARD J. If a
bill Of EXCEPTIONS rendered to the Judges of the Circuit
Court be sealed appear its face to be incomplete
for examples if blank be Jeff for the insertion of certain
papers the Judges not bound TO seal the BILL Motion
orerruled
WTIco1 o. State. In error to the Tppecanoe c. c.
: Opinion by SULLIvAk J. Where Indictment alleged
that the defendant by playing cards &c had won from
H. c. * II certain article of value, and the proof was
that the winning by the defendant and ID as part
ners from c. and H. who also partners IN the game,
Held that the proof did sustain The charge laid the
, Indictment Judgment reUerScd.