Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1845-1851, 1848-12-19
SUPREME COURT OE INDIANA.
REPORTED BY ALBERT @. PORTER, E.Q

the DeKalb c. C. BLACKBOARD J. To suit promsso,y
notes consideration OF the sale Of certain town lots
with coIempoaneouS written agreement that should the
maker pay the uoe>, with Interest, they esecvely be-
due the payecs would convey said lots The maker
by good deed in fee, with covenants Of general warranty
plea that the payees had not conveyed Offered to con-
vey said lots according the and effect of said
otherwise. before the day when the last notes
due became payable is bad
This distngnhable principle from that Of
Cox V Hayarl, 7 Blackord 40S
Whtcom6 Se'oart As>ump.it. Appeal from the vigo
C. L. PERKINS. j. By the r lsi3 p. 724, 29l, it
enacted That when plaintiff shall become non-sui or
discontinue his suit aud shall another action for
the all depositons lawfully for the first
suit may be used III such other suit and also in srt found
ed the OF between either of such
ties. and the representatives of The other party
appear that such dispositions have been duly filed ~ the court
where the previous pending, and have renamed
such suit continued. the plain
TIL non-sued until the lime al which proposed 10
them in such other SUIT
Held, section of the deposition
lawfully taken, in previous action accompanied with the
Certificate of the clerk of the where such
ton pending under his official seal that such deposition
had been flied has ce among the papers such previous
acton and were at the signing and sealing Of such ce't
cate file there following such be competent
testimony OF such faca point necessary be deci
ded could not be read in evidence in subsequent action
between the parties for the it appear
ing that such deposition had remained the file from the
time when the plaintiff non-sued. Reversed.
Simpson Niles. In chanceIy. Error 10 the Fulton c.
~ SMTH, contract or agreement for the sale Of real
estate does not of itself free the land from the lien of udg
ments against the vendor 1t is payment # the purchase
the purchaser and entities him 10 relief IN chanceIy aud
upon an application to set aside the legal lien Of Judgment
creditor, attaching after the has entered into
such equity be measured by the Of the
made before The lien attached aud such lien far il
holds estate OF the vendor subject execution be
Invested favor OF the purchaser enable the vendor
convey to hR Tree from the ncumbrance Of such Judgment
on the ground of payments made afterwards.
The laws giving judgments Of The Supreme Court of this
State liens upon real throughout the State, in
ioIce IN 1928 and consequently adopted by the
act of Congress Of that year and by the r. 5. OF 1881
p 49, Sec IA enacted that Teplevn bonds for the
stay If execution should have from the date of their
ton the Oice and effect OF judgments confessed ~ court
record agans, the aud estates Of those executing
the same, ieplevin bond December. 1885 to
the Marshal of The u s for this District stay
upon judgment rendered by circuit of the United
States within this District, operated lien the real
estate OF the obgor throughout the State. Reversed
TUESDAY, December D.
State rel Chec. admir- &c Debt. Error
TO the Pake {. e. BLACKBOARD To declaration in debt
or shern bond for the shefs not serving wit OF e-
pevn wagon, but falsely returning thereon that the
wagon was not in his county; which dclaTaon also
tanned the wagon belonged relaor
and that he entitled 10 It's possessions the defendant
pleaded three pleas |. That The wagon not, Sc,
and for month Afterwards in the alleged Con-
cu-iOn the country and issue That the sheriff did not
make false return alleged; Conclusion to the country
and g. That the sheriff used due diligence to serve
the wit and truly returned the NerticaOn. ReplI-
cation in denial and issue.
Held that the instruction of the given the jury,
in substance that the reato bound to prove not only
that the return was aSe but also that he the reaor ow H.
ed the and entitled 10 its possession erro
neOuS.
lie had only to prove that the return was false the ohe
avcment being admitted by the pleas. Reversed
D1ris for the use Of Cooper, Sturgis. Debt Error 70
the Allen C. C. PERKINS, j. Our statutes enact that an
taken upon the filing of bond TO the approval of the jus
and that such appeal shall not be dismissed by the
circuit court for the nomay insuciency OF such bond
the appellant o. before the calling of the cause shall
file good and sufficient bond with surety to the acceptance
Of the (R s. ls43, p. SOL 1851
Held that failure by the appellant TO give such further
do
of which the appeal dismed failure to prosecute h
appeal to effect and is uenly breach OF the cond
ton Of the FIST bond which renders his surety liable 10 al
action thereon. Reversed.
Craftsman ct al Long. AsumpSit Error to the Boone
C. C. SMITH, ]. Payment of judgment by third per
the request Of Of two judgment debtors does 70
ssnmpt against the other in favor Of such hir'
person. to support action for money had and re-
ceived
No assumpsit raised voluntary payment, BY
a stranger, of the debt of 'hiid person Reversed
SoUTH CAROLINA In the message of Governor
Johnson to the legislature, assembled at Coum
bla, find the following passage relative TO the new
i, Territories
The probability i that whether will or will no
be permitted TO slaves into the Territory
quired by treaty with Mexico will be definitely set
y tied distant day. If against Us, the question
will necessarily arise the measures we ought K
pursue.
I We know already, or have abundant reason to sup
pose that the present Chief Magistrate of the Unite
$ States, adopting the Missouri Compromise rule
: will if Congress in its folly and madness. in totn
t disregard Of and right, exclude entirel
from the Mexican Territory, nepose the conservativ
veto power. 1t is known too That IN the election
e his successor. many of the saveholdng States cas-
their for the candidate who will be elected an
that in all the rest there great division. more
probably, than the results have brought TO light; an
5 take II for granted that II upon the faith that
being Southern man. he would not be unmindfu q
Southern rights 1t be supposed then, that tn
States which will vote against him, can be brought (
= act together in anticipation that our rights Will b
violated under his administration. he having the pow
er to prevent it. The present time is, therefore, j
!, my judgement, unpropitous for action. We ought
;, notwithstanding. TO provide for any contlngenc,
y The blow may be struck when unaware OF on
danger, and no time ought TO be lost IN prolectln
n means unite the slavehodIng States III CON
|. mode of action, when the occasion shall arise
r and free discussion and interchange of opnio
will greatly promote this object in preparing the put
ID lie mind to meet It's consequences. As before remark
d cd unity of time and concert of action are ndispens
able to success and Southern convention is the mos
s. direct and practical means of obtaining it.
f No one State can reasonably hope for success whe
acting alone in opposition TO the opinions of all tn
others. The effect Of such attempt would expos
IF them to be overwhelmed in detail. What, ii may
+ asked will South Carolina do if she is left alone
fight this battle, There are spirits in her bosom Tia
, would willingly perish in defence of her rights Bu
y would it be wise to seek such destiny, long o
there is hope of succor!
ONE THOUSAND DOLLARS REwARD.-hlr. Ray Mars
offers one thousand dollars reward for the recovery
in his daughter Amarillius Ann Marsh, aged Is year,
10 who left her fathers house, IN this city, the 1T
nsiant-supposed TO have been enticed away by som
g villain. She is described being small in satur,
&c spare face, acquiline nose blue eyes, light hair