Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-01-08
SUPREME COURT OF INDIANA.
CASES DETERMINED NOVEMBER TERM. lSi5.
Reported for the Indiana State Sentinel
A. NJ CARNAHAN.
IN A. ". cARSAHAS.

q.
Dumont rs Lockwood Error 10 the Clinton c. Opin-
ion by DEWEY, j.
If declaration trover. lay venue in county d-
ierent from that in which The action is brought, is
cause Of dmissn the action, the motion defend
Reversed
The STATE rel of R6inson rs Burasides ct al Error
to the Scott c c. Opinion by DEWEY, j.
justices execution, which reces Judgment rendered
by him Tor o2 dollars, interest and COSTS is valid Re-
rsrsed
Girsas BurgOt. Error the Jasper C. Opinion by
BLAcKFoRo, j.
made Improvements on land owned by the United States;
Afterwards bought the land Of the United pos
session, and then promised to pay him for his
ments Held that under the Statute of 1884, the promise
was binding. Affirmed.
Mcanus Richardson another. Error to the Law
renee c. Opinion by BLACKBOARD J.
sere fdcids against and b. was returned served on
the former and not found the latter Judgment by
default against both defendants Held tina,
entering judgment against both defendants instead OF against
alone, a clerical one and night be corrected in the
Circuit Court even after brought
The parties in this having agreed if judy
ment smendable, above mentioned, in the Circuit
Court the Supreme Court might amend it, the Supreme Court
make the amendment Judgment affirmed, when the amend
ment is made.
Shie IS Fsrriter. Error to the Hamilton c. Opinion
by DEwEY,J
suggestion in scire fdrds on Justices transcript
bind real estate that it made known the justice that
the judgment debtor had land, is sufficient after ial and
judgment
PoOf the Judgment debtor in the open possession
Of land claiming it as his own sufficient Prnd facie to
| establish his ownership Of it,
The scre facas must aver that certified transcript
the Justices judgment, &c, fled the clerks Office
and died. and such filing and recording must be proved
| if put in ISSUE Reversed.
Gift Ell al Sinks Error to the Henry c. Judgment
affirmed
Lamphear IS WincheH Error to the Lapore c. judy
ment affirmed
SATURDAY, Dec 90 ls45.
Mccormick Is Digby ct al Appeal from the TippecanOe
c C. Opinion by SULLIVAN. J.
l. being indebted TO D. in the of 900 dollars de-
posted with him collateral security the notes of one
for that amounts and at the time executed mortgage
upon lot in Lafayette the condition of which was if b
Tho they
make default and should pay the amount TO D. then the
deed to be void Subsequently, and before the notes
paid, w aud had settlement, by which il APP
peaed that had reduced the debt TO ll0O dollars
then agreed between the parties that BIS notes should
be surrendered 10 hm ana lhat Shouio execute ms own
notes TO for the amount DUE Ed that the surrender to
Of his did not discharge the mortgage but that it re-
manned ubsstng lien the lot for the balance due from
| w to ID.
g. Judgment creditor lien the equity Of redcmp
ton in real estate previously mSlsaged and If the mort
gagged property be released from the mortgage subsequently
| to the Judgment, he has a lien on the fee.
g. morgagor 10 pOssession or his assignee accouHta-
for the rents and profits well as for waste committed
| Reversed
VanU1eter Us BcKHp. Appeal fiom the Union C.
| Opinion by SULLIVAN, J.
l. petit juror who states being challenged, That
he does not know but that he has formed opinion in the
case om rumor but that he thought the opinion would
readily yield to the evidence in the case, if it should differ
| from the he had heard" is net incompetent
3 For criminal conversation &c, with the plaintiff s
wife, is declare trespass r ct arms, yet
the consequent loss Of society The ground Of action, the
| plaintiff declare
s. In such an action the defendant will be permitted
prove in mitigation of damages, that the plaintiff
of i'll temper, that he and his wife lived unhap
PLY together, and frequently came 10 blows &c ADMIT
Ting facts exist they do not lessen the guilt of the
| seducer.
A. 1t is the province of the jury Of Court,
weigh the circumstances under which witness gives his
testimony aud judge whether those circumstances throw
| suspicion the cTedibiliy Of the witness OF not
.. be fairly tried and decided upon its merits
the Circumstance that the Court did exclude testimony
immatea point, ought not to reverse the Judgment
state rs Sutton Error to the Lake C. Judgment et-
frRed. cases.
Bear ct al McNULy. Error to the Carroll L Judg-
| TUESDAY, Dec. %, 1915.
State Wilder. Error to the Lake c. C. Opinion by
The case of the State VS. McwhinDey 9TH BlackOrd 1884,
in which il is decided that it is not material to the offence
OF failing file certificate Of the solcmniZation of mar
rage &C. a marriage license should have issued cited
and re-afHrmcd. Judgment reversed cases
Woodruff rs Dobbins and others. Error TO the Hancock
| c C. Opinion by BLACKBOARD, J.
Debt on delivery bond Plea. that before breach the
plaintiff auduenty agreed to take other property IMAM
mentioned condition Of the bond, in satisfaction OF the
Judgment that defendant both before and alter
tive breach of said condition rendered such other property to
the plaintiff but that after the BREACH the latter refused to
receive such other property
Held that the plea showing the agreement to take the
other property to be under seal, was bad
The above named plea, not plea oil accord and sas-
faction the property agreed to be taken, not having been
received by the plaintiff.
paro agreement dispensing with the performance of
sealed agreement is bar to suit on the sealed agree
Dearfh rs the State Error to the White C. Affirmed.
Nicholson Poison ct al Error TO the Dubois u If
frMed.
Ross rs Duncan. Appeal to the Decatur C. Affirmed.
KindIe al the State (On rel &c Error TO The Mad
| ison c. Opinion by SULLIVAN, j.
Debt on county treasurer s bond Breaches assigned
in the declaration st that 1.-THE easuIer) did not make
with the county auditor on the second Monday oil
January lS43 required by law I'd that he did not pay
Treasurer Of State the 4h Monday OF Janu-
ary lS43 the STATE revenue, sc. Pleas TO the beachts
lst guilty 3D. Performance OF the conditions oil inc
bond Held that the pleas bad ON general demurrer
the lst because IN this presented no CERTAIN issue
and the 3D. because did respond 10 the breaches as
| signed
laws for the collection and payment of the public revenue
as the pubIc convenience requires and The Legislature
such law: after the county sa reT mas b %
ties according TO dw he is bound TO observe ana oOey such
law. - -.
Element payment &c does not release he suIeues' uOt
validate the bond Affirmed - -
Ne,Dhouse and another Hill. Error to the Allen T.
Opinion by BLACKBOARD, j. =,
b;II in cbancery filed by the holder of tiilebond 10
premises TO enoin an action OF eectment
brought 1912 by the obligo must show that the com
planant has demanded possession And tine oond oeiS
rondtioned for making title payment Of The purchase
money! bill must also show that all the purchase mon
| ey had been paid =,
ter Afterwards obtained the legal title to the premises from
the obgo gave the bond to him Held that oili
filed by the mortgagor to set aside that eouu
not be sustained being injury to the complainant
prayer in such BILL that the mortgage be decreed 10
file bill foreclosure against the mortsagor, mere sur
plusage. Reversed. c1s,<
me Slate rs Sebrtng. Error to the Ripley C. Re-
rerssd
PARIS c. DuSxrNc.-We are indeed happy TO learn
that this gentleman has been taken up by the lead
ino Democrats of the State as the most suitable can