Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-12-02
SUPREME COURT OF INDIANA.

November Term, 1S47.
REPORTED FOR THE SENTINEL by A. N. cARsAHAN, ESQ.
The present term commenced on Monday the 22d inst.
Present. the Hon. Isaac BLACKBOARD, Hon. SAMUEL L.
PERKINS, and Hon. Thomas l.. SMITH, justices.
OPINIONS.
Greenman and others o. Patterson. Error to the Lake
c. Z. SMITH, J.
When decree is rendered by default for the foreco-
of mortgage and ordering the sale OF the whole
The mortgaged premises, for the payment Of debt due
by nsalmen;s of which some portion of the debt l.
To become due Subsequent the condition the Decree
under the provision of The 43d section of The 29h chap
OF the r. D of 1913 the court should require proof that
the morigasor would he benefited by such sale of the
whole PROMISES, aud II should appear afrmalveIy upon
the record that such proof had been made or at least
that It had SO appeared to the satisfaction of the
Reversed.
OsbOra al o. DOdd Appeal from the Hendricks c. C.
PERKINS,, j.
Bill for the RECESSION of n for The purchase
land. a title bond received the purchase and
possession OF the land had The bill contained no aver
ment of the surrender of the ebond and possession or
any offer of such surrender Held the bill did
make case IN which the parties could by decree be
placed IN Statu quo, the plaintiff entitled TO relief
Reversed.
Beard o. ADAMS Error to the Vigo c. c. BLACK
FORD, ].
An action of assumps by A. assignee of promis-
sorry note against u the maker, which payable
to Z. and d., and assigned to them by A. Pleas, lst
Non-assumpst without oath ID That A. had previously
sued the ndorsers and recovered Judgment against
OF them process not served on the other that B. had
tereu nlfnSelf Dali Tor the stay said
judgment, and that the bail sufficient. Held that
the special plea bad. The assignees right 10 sue
the maker OF promissory note, governed by the law
merchant, is not taken away by judgment recovered
against the lndorser, until that lud satisfied The
entry of the bail in this case only security for the
Judgment and not satisfaction of it,
Upon demurrer a special plea being sustained when
the general issue is also pleaded ii error render final
judgment The general issue tenders of fact
be tried by the by Jury, and unless
should be found for the plaintiff, final judgment could
nut be rendered.
The circumstance, that B. could under the issue
dispute the execution Of the nole Of the assignment
not material. A. might have been defeated other
grounds Reversed
Patterson BrGckcH e casos) Appeal from the Ma
Same Allison g eases Appeal from the Marion c. C.
.9frmed.
HiLiiard .. WIElets Appeal from the Hancock e. C.
Dismissed on motion OF the appellee
TUESDAY, Nov. %.
Campbell o. Breckenridge ct al Certified from the
Allen G.. e. Smith, J.
purchaser of real estate, where the possession is
can't is not bound to inquire OF the late Occuper what
was the nature of his title, and will be held to have
implied notice of the information which might have been
obtained by inquiry.
notice of prior equity, may afterwards buy the legal
title with notice, without losing his character inno
cent purchaser
No contract made by board of county commissioners
sioners upon their office, the county
as body polite, unless such made a
regular meeting of the board the time fixed by law
Bill dismissed.
! Williams g. Chapman Wanes g. Co. Error the
Fayette c. e. PERKINS, J.
Debt by Wanes for the use of Lewis upon promssory
note. The third plea was, tina: Lewis for whose the
suit brought, in Held that the plea
rendered an immateral ISSUE
Where a defendant at law files bill for discovery
merely against the plaintiff with view of using his
swer a trial law, he allege in his BILL only
that the facts sought be obtained by the
material to his Defence and that he establish
tained the trial at law, as he chooses And il
other evidence. Reversed.
SaiyerS and another Cole. Error TO the Jefferson
e. BLACKBOARD, j.
Action of debt on five promssory notes given for the
purchase money of land, and also writing obi
gaory for the payment of damages if the interest
of the notes should not be punclually paid.
Held that thls the facts show that according &c
the contract the making of the deed and the payment
the promssory which last fell due, to be
current acts, and that offer to make deed there
fore necessary before the could be maintained the
note.
Held that the writing bgatory stands on the same
ground the notes. if suit cannot be maintained on
them, neither it be the writing obligatory. Re
rerSed
Shoaf ct al. . Jones' Error the Allen C. c. Dis
missed on motion of the appellee,
WEDNESDAY,, Nov. "a.