Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-07-23
SUPREME CoURr OF INDIANA.
Cases determined al the June Term, 1916
REPORTED FOR THE SENTINEL A. n. cARxAHAS.


Cases determined al the June Term. 1916.
REPORTED FOR THE sESTIsEL BY A. n cARSAHAr.
STATE er rel Ratenow o. Campbell et al. Appeal from
Warren G C. Opinion by PERKINS J.
when no breach is assigned in the declaration, aud special
traverse Of breach is an improper plea
The usual of pleading in for the dcen
dant 10 and plead performance the plaintiff
reply setting OIlh breaches the defendant lei n taking
issue sc. Reversed.
Chandler for plaintiff, Gregory for defendants.
Cross ct al o. Carson Error TO the Posey c. c. Opinion
by DEWEY j.
deed.
IL land be conveyed in fee simple upon condition SUBJ
sequent and the condition be broken, the estate of the
soyed by the entry Of the heirs Of the grantor, he being
dead but until such entry the heirs Of the grantee, he be-
ing dead, hold the land.
Of condition. has creditor Of Of the heirs of the
grantor remedy against the land unless it be by
such he after entry for the breach of the creditor
Reversed.
Wick and Barbour the plaintiffs Pitcher for the defen
dant.
Sharpe ct al CaHihan. Appeal from the Dearborn C.
C. Affirmed.
State CO1hPH Of Ellis y. Berriman. Appeal from
Armstrong e BOGannOn Error Hendricks C. c. Affirmed
The State rel Vance PoweTS ct al Appeal from the
Montgomery c. c. Affirmed >''-
Simpkins ct al the State REL Commissioners Of
" u
Lung e. ur o. Kun. Appeal Carroll c. C. Affirmed.
Niles Htehins ct al Error to Laporte c. c. Affirmed
Sfaekhouse ct al Reynolds al Error TiPPecanOe
C. C. Afirmed.
Smelling .. Clark. Error to Decatur C. c. Affirmed.
Chase O. Chase. Error to the Cas- G C. Reversed, r.
ion c. c. Opinion by DEWEY ].
Any words which denote the intentions of the parties to
deed to transfer the title to land from to the ohe
sufficient to make a conveyance
The words mortgage assign and ransfer in deed,
sufficient to pass the legal estate in land
When the option pay particular sum at certain time
or larger afterwards is given person by contract
the contract is not usurous though the difference between
the sums exceeds legal interest.
If be given in mortgage to the mortgage to sell
the mogaged premises for default in paying the debt and
improvisation beyond legal interest be allowed
for trouble and expense Of selling the contract IS not usu-
kons- Affirmed
Reid, Yargan and Newman for plaintiffs Ryman for de-
PENDANT.
Pomeroy D. Burnett er for use Of Thompson Error to
the Parke Probate Court. Opinion by PERKINS j.
defendant is entitled succeed proof Of plea
the matter Of which cOnsttun defence to the action even
though issue be taken upon it,
la such case if the declaration contain good of
action which confessed by the plea the court should
der Judgment dbStdnte reTedic0.
When is accepted and possession taken under
purchase of real estate an ncumorance on the real estate
constitutes defence to the Of the purchase money
till after eviction payment of such ncumbrance. affirmed
Wright for the plaintiff, Bryant for defendant.
MedrS Ell al Graham ct al Error to the Spencer C. T.
Opinion by BLACKBOARD j.
Action of assumps on promssoy given by the de-
PENDANTS as trustees Of the Methodist Episcopal Church. &C.
That the defendants induced give the note
sued the representations of A, That indiv
dual responsibility could arise heTeom, and that the only
object show the Indebtedness Of the Church. and for
consideration Held That the giving of the note
was the act Of the defendants individuals the words
trustees of the NJ. E. Church being merely dcriptiO per-
SOndrGH, the representation of the said A. sufficient
consideration.
when the figures in the corner and the words in the body
Of note the words in the body must govern. Reversed
Pitcher for plaintiffs
Stops o. CdrmichaI Error to the franklin C. C. Affirmed.
"WEDNESDAY, July Is.
Thayer Baird. Error to the Henry C. c. Opinion by
Assupsh on an instrument of writing as follows creed
May $780, of WIN. B. TapscOtt. carriage to SELL and
pay Isaac Fisher when collected, which
carriage have sod tme and did agree pay the amount
of said carriage (one hundred and foty-6ye dolars)
above stated Isaac Fisher by the 2PTpa order Of the
Held That the instrument contains promise which
make it the foundation on an action. Reversed.
Test for plaintiffs, Parker for defendant.
Wilson .. Brmfeld Error to the Wayne c. c. Opinion
by DEWEY j.
purchaser cannot be compelled to part only of
land for which be has contracted he has the right ne
cannot get the whole escnd the contract but he has
also the right generally to insist he chooses that the ven-
perform far he is able, and
der remuneration damages for the breach of that portion
Of it which be cannot perform. affirmed remittUn for
1l3 dollars II cents being entered
Newman for plaintiff, Julian for defendants.
Oney Shepard ct al Error to the Knox c. C. Opinion
by BLACKBOARD J.
and returned by the Sheriff of another county, levied
certain land, the of the last Sheriff is void.
writ dismissed TO the only plaintiff, is dismissed as
to any other persons Reversed
Law for plaintiff, judah for defendants.
Legg and another U. LeymaR Error to the Tippecanoe
c. c. Opinion by BLACKBOARD J.
A. executed to b. forged note B. and C creditors of
a. upon discovery informed him privately that he had vio
lated the law, which he admitted. They also told him that
upon his complying with conditions they would give
him up said and let him which accordingly DONE
Held That this transaction is not like agreement made
in consideration Of sitting compromising criminal prose-
cuon there being agreement prosecute. affirmed
Bead and Gregory for plaintiffs Huff and ort for defen-
dant.
The Danrers Courier must be credited with the