Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-07-22


between the cause Of action contained in the recOd aud the
cause of action declared in this cause ia
record being on promso'y and for 0Ork labor and
srice &c. Held That the demurrer was correctly sus-
taiued, variance appearing fom the Iecod.
TO sustain the plea Of former Judgment &C., record
should snow that The iomer recovery might have been o
Inc same causes oil action those Of the subsequent suit
The issue upon such plea decided by the ecod aoe
aud The record not supporting it, correctly rejected
tgHRed.
ESifOc ct al Walter ct a. Error TO The Allen c. c.
Affirmed
Siaier ModiseH. Error to the Clay C C. affirmed.
Floyd O. Baker. Enor 10 the Dubois C. c. 5Rrmed.
Deferda . Lister Error the Maiion C. C. Affirmed
6raitan o. Dd1cs0n- Error 10 vigo c. c. affirmed
ScOtt o. LoHlan. Appeal from The Oange C. C. Affirmed
fraed.
Meyer ct al .. Mccullough ct al Error to the Marion
Duaa AID others Frazier Error to the Dearborn c. C.
Smith j.
execution creditor not liable either in law or equity
10 reiund TO The purchaser sheiids money paid
Oy MN, no false representations having made Oy he
creditor, uPOn the ground that The execution debtor had no
tile TO the property purchaSed
The rule cacedt eptOr applies such Reversed
SttnSte et a. C. Hawkins. Error 10 The Wayne c. c.
SMITH, J.
Where notes given foe the purchase money of rea
estate and bonds made for the CONVEYANCE of the
" on payment Of the notes. the notes ae paid
the payment Of the and The execution and delivery Of
The deed are concurrent acs and that neither patty can sue
be other Tor failure TO pe,fon pst OF the contract
until he has performed or Offered to perform the part which
deVoves upon hmSel unless sufficient reason shown
for the failure to do SO. Reversed.
Doe dem Martin .. Bropn. Error TO the Clinton C. c.
SMITH, j.
The attendance Of the defendants their attorneys at the
taking Of deposition by the plaintiff, of
objections for the that sufficient
given, they making the lime deposition was taken
As general rule, when attorney appears for party
the court will look further but will take il granted
that be has sufficient authority and after guardian IL
TEN has been appointed by the CONT il attorney appears
and pleads in the of infant defendants will PEE
aut
lied to appear attorney bears The relation
lant client as in the case Of an adult. Reversed.
FentOn o. Fenton. Error TO the Parke county Probate
Court. SMITH, J.
1t true general rule that courts of equity following
the rule Of law as to parcipaors in crime, will
not giant relief asked for by patty paTtcep
TtHniS to fraudulent act. But this ue has eXcep
ons when the agreements other transactions sought
be Iepudiated against public policy and dstincO
has frequently been made in favor of parties who do
stand Pdi dcto, and especially when of the parties
through age ln6rmes aud mbeciIy of mind has been i'm
posed upon. In such cases. The cou the exercise Of
discretionary power incident to all such applications,
grant relief Affirmed
Hedges o. Allison. Error to the Allen c. c. PERKINS, j.
The giving promisSOTy note, and subsequent assign
ment two different contracts, and he giving in evidence
of OF them does not carry with it the other Held That
the justice of The beore whom the st ed
had J0risdciion with reference 10 the in OH
BackL 545. Held, further, That The evidence upon the
eco doe not prove want of consideration urged BY
4 the defendant Reversed.
Barbour Err Of Beard dec.-r adams. Error to the Vigo
| G. Z. BLACKBOARD, j.
The assisnee's right to the maker OF pOmissOry
note, governed by the not taken away
judgment recovered against endor,er until that judgment
satisfied The entry Of bail in such only
ry for the judgment and not satisfaction Of it. The Cit
cunSiance nl The present defendant himself bail for The
stay Of execution the said Judgment aud that when The
stay has eXphed, execution may issue against him, the
Tecognzince makes difference. tie entered the
ecognzance voluntarily, for The accommodation Of the in
doeT, and could not by such ac avoid his previous espon
sibility to the plaintiff on the note. AfiTmed.
State Bank y. Mutt Appeal from Inc VIsO C. c. Re
rerSed.
Thompson Z. LindIey Error 10 the vigo c. C. Affirmed.
Il Vatman for &c. Conaer. Error the Wayne c. c.
Affirmed.
DristW Ferguson. Appeal flOm the Washington C.
I Affirmed.
McCielland for &c. Latta. Appeal from the Noble
c. Z. affirmed.
/ July 10th.
Stone Hulord Appeal from the Parke county Probate
Court. SMITH, J.
Any devsee other person interested may have will
proved.
When devisee of estate take effect after the de-
termination Of life estate granted anohe refuses 10
cept perform conditions specified by the tesatOr
the deyi>e him void aud The heirs may enter
The question whether there has been such refusal may
action of eiecment upOs proper issues raised
in proceedings under the statute to Obtaia PARTITION of the
lands OF the tesalOr amongst his heirs at law but such eu-
the purpose testing validity of the will naed
The State U. WolrertOR. Enor 10 The VeimlliOn c. C.
Perkins, J.
Perjury maintained when the supposed perjury
depends upon the construction OF the legal import OF
Il strument Of contract. affirmed.
Cam u FOOte. Error the Marion c. C. BLAcKFoRD
wit of e'or will not lie 10 an interocuory oder, dis
solving Injunction Dismissed.
Yedkel o. Peterson. Error TO the TiPpecanoe c. c. At
frmed
YarrOD o. Tovsey Error 10 the Dearborn &C. Affirmed
West .. the State Appeal from The Lagrange c. Z. n
frmsd
Smith D. AddIeman Error to the Wayne C. C. Affirmed
Lamb Wood ct a. Error to The Union c. c. dGIned
Hutchinson TinDons. Error to the Allen G. Z. Re-
reTSed