Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-12-30
SUPREME COURT OF INDIANA.
NOre1lbtT Term, I54I.
REPORTED FOR THE SENTINEL BY A. NJ. cARNAHAN, ESQ

November Term, lS47.
REPORTED FOR THE sEETISEL BY A. N. cARNAHAN, ESQ
Heirs of Hugh Sherryv. Doe DEM the STATE Bank Of
Indiana Error TO the Parke c. c.
SMITH, 1.-The application Of attorney Of the
0mies curr, Of VIII, is patty the suit
for a change Of venue, need not be entertained.
Where defendant has been admitted, court not
required under the provisions Of the Rev Stat 1913, chap
40 49, to admit evey who may successfully
and claim title TO The premise. ~ controversy, however
distinct his alleged claim may
Of the defendant first let in.
| An execution debtor, claiming under him, cannot
up outstanding title in third person against put
chaser at a sale under the execution
Under third clause of the sixth section charter
State Bank Of Indiana may Lawfully purchase real estate
fixed price for former Indebtedness, and pay off incum
brances and when property about to be sold under execution
upon judgments in which the bank interested bank
become the purchaser if necessary prevent sacrifice
its debt provided the purchase made bona
de consideration of its own debt pa Of it. Alter
if the purchase be for less than the of
judgment debts. and part of the debt due the bank
exnguished either by the purchase arrangement
with the debtor.
The premises in controversy sold under execution
favor Of the bank for $780, and twelve other
younger judgments in favor Of other sons amounting
in the whole upwards of $4,000 The bank became
purchaser at the price of SS,640 Held, that the bank
restricted TO bid the debt, and
that the power purchase existing, the shers deed
void and that if the bid abuse of such power
that could only be inquired into upon writ Of quo carrantO
| or OF sciTe fdcids at the instance of the State
Ii is objection to the validity of the title obtained by
the bank that the note upon which the judgment OBJ
chase made for the Of the Lafayette branch the
branches having existence but all constituting
one entire body corporate and it being shown that The legal
title both to the Judgment and the land purchased under il is
in the State bank without reference the beneficial
ship Of any branch or branches affirmed
| Dayton. v. H1H-ErTor TO the Lagrange c. c.
PERKINS, faction Of assumpsit the common counts
for work and labor in feeding defendants CATTLE Pleas
general issue aud set-of.
After plaintiff had proved that he had fed the defend
ants cattle in the winter Of 1885, defendant
inatOn offered to prove by plaintiffs witness that at the
fad
his own benefit Held that the should have permitted
the defendant TO give such testimony under the general issue
The plaintiff recovered less than fifty dollars and that
ground with the fact that the defendant gave
no evidence upon his plea of seto the defendant moved
that the costs Of the suit be taxed against the plaintiff under
the provisions of the Rev. Stat lS43 S64 The
fused the notion Held that the evidence not being
the record the defendant might under the general issue
have given evidence of going reduce the praa
facie claims established by plains evidence
could not say The court below erred in refusing the defend
ants motion Reversed.
Way v. SimnuOns.-Error to the Randolph c. C.
BLACKBOARD, J-Where there several issues of fact
arising from pleas to the whole of action, the plaintiff
cannot his demand unless appear is entitled
10 all the issues. Reversed.
Houston ct al " RusseiL-Appeal from an interlocutOy
decree from the Switzerland C. C. granting an injunction
case far the injunction to continue until the final
determination OF the suit in chancery affirmed and
far as it had any other operation it reversed.
DECEMBER %, lS47
Houston " Mathematician TO the Whitley c. c.
BLACKBOARD, J.-While plea unanswered
posed of there could be legal trial of the Reversed
Broun The Stdte-Euor 10 The Floyd C. G.
BLACKBOARD, 1.-The trial of crimina eleren jurors i;
|, a nullity. Reversed.
Lemon v. Morehead.-Appeal from the vigo c.
Per Curdm.-The below grant in
junction restraining order suspend a suit law
until should be fled unless the complainant
should give bond with security the defendant to pay al
damages and costs that the defendant sustain by
of such Injunction Ude Rev. Stat. lS43 $50. Reversed
Fuik v. FuIk.-Error TO the Noble G. c.
SMITH, JHed that upon decree Of divorce for adultTy
the may ao decree allowance the wife with the
of suit according the letter and spirit of the Rev
Stat lS43 chap &c. So, co. 81, which govern the pro-
ceedings in such Affirmed
The State rel PierSon G0oding.-Appeal from the
Hancock c. G.
PERKINS, Jan administrator de bOnis cannot su,
the security of the deceased administrator for devasav
such administrator.
In suit upon administrators bond, the avement tina
the bond file in the clerks Office is a sufficient ex
for the omission of prot the statute authorizes
certified copies Of such bonds be given oyer Reversed