Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1849-12-06
SUPREME COURT OF INDIANA.
November Term, 1919.

burgh C. C.
PERKINS LA eOnirac, the part pay the las,
insalment of the purchase money Of tract Of land
given day. and the other to deed %
purchase money shall be fully paid makes the payment OF
and said insiamen s others having been previously pad
the execution Of the deed dependent and
either party, IN suit at law against the Other for
Vrmance, must show performance, offer Of perfOIm
ance, on the given day, excuse nrnot doing
The covensnor'- of title a sui for
not paying rendering the purchase money the day
fixed for payment aud for the execution Of the deed
Where, in the note for the purchase OF tract Of
land payable given day included 1000 dollars for
another consdersin and the is all paid the fixed
day except 336 dollars but appropriation is made Of the
payment to The purchase money for the land. the money
must be regarded paid poporonsy on the land and The
other consideration Of the note.
Ia his payment OF certain debts By Lockha
provided for in the cannot be here out
was not condition precedent TO his RICH, to the conveyance
Of certain lands from the Carpenters
The Carpenters covenanted convey 10 Lockhart 200
of land such they should select Of tract they
owned in Union township, Vanderbu,gh county, Indiana
They did select but did convey Held that covenant
would lie such obligation, and that the particular 200
selected might shown upon trial by written,
not by oral evidence.
Lockha covenaued give the Carpenters with
security TO the acceptance Of A Warner for the purchase
Of certain land He gave notes to the acceptance Of
the Carpenters, without reference Warmers approval
Held that the legal effect Of the covenant complied
with
Where agreement contains siipulatons Of different de-
gees Of importance the damages for the breach of Of
which would be certain and of others uncertain and large
sum expressed 10 the agreement payable on breach OF
any OF the puations such IL always to be regarded
penalty and not liquidated damages.
Evidence is admissible in action such agreement
TO mitigate the damages Reversed C. Baker and s. Judah,
attys for appellants; j. G. JONES' at'y for appellee
STATE Bwget. Error to the Tippecanoe c. C.
BLACKBOARD. jim indictment founded upon 1903.
ss2, s. ls4s il is not to state the termin OF
State Mec@mick Error to the TippccsnOe C. C. Same
point decided. Reversed.
Boyd .. Holmes Ell al Error TO the Lagrange &C
BLACKBOARD, J. One OF two obIgees of bond cannot
assign his interest separately that his assignee and the
other obsee will be The legal holders Of the bond Affirmed
Smith ct al o. Smith. Appeal fom the Tippecanoe c c.
SMITH IA bill in chancery exhibited by defendant to
action at law agans, the plaintiff for the discovery Of
unlqudaied demand for damages IF in such
tion be mainained Such damages proper
subject Of set off Decree granting injunction reversed with
instructions to the circuit cou't 10 dismiss the bill
The Board Of Conmissioners CdrroH county Wilson
Appeal from the Carroll C. C.
Per CURIsM-A physician may mantsu actin against
the board If county commissioners for professional services
rendered pauper of the county. Affirmed II. Allen
and s. Ortiz, ati'ys for appellant; D. D. P'at atty Tor
appellee.
Brenton D. Dapis Error TO the Marion C. c. Affirmed.
Ro,oiey Doe dem. Carpenter Error the vsnder-
burgh c. C.
SMITH, J-Tbe blocks the lower McGsry's enlarge
of Evansville IS poles way, by Is poles and
links the other. Atfrmea.
Talbot admr. de bonis &c. Dennis ct al. Error
to the Shelby c. C.
BLACKBOARD, This bill in chsncery filed by
Thomas Talbot. administrator de boni non. with the will
Thomas Dennis Isabel Hensiey, tie widow. and Thomas
w. Hensley and Others the heirs of said Andrew Hensey
The facts follows: Isabel Hensey one Of the de-
PENDANTS, previously To her marriage with said Andrew
Hensey the owner fee Of of land. After
her said marriage she and her husband sold and conveyed
said lands Dennis Of the defendants When this sale
made it the intention and wish of Mrs. Hensey
that the purchase money should be laid out for wild lands
for her and said heirs Dennis at The time of the convey
him gave his for the purchase money AID 10
their payment executed Mrs Hensley mortgage
in fee said lands. Mr. Hensey afterwards died. leaving
will, by which James Sharp appointed executor.
Sharp such executor, filed bill foIeclose the mort
aforesaid and obtained decree The decree was that
Dennis should pay Sharp Cos dollars being the amount OF
said mortgage interest; and that ia default Of
payment thereof within specified time the morgaged lands
should be sold Sc Sharp did enforce this decree ON
the contrary, pursuance Of agreement OF the parties
Dennis conveyed the moTtgaged lands tp sail widow and
heirs; and Sharp in consideration Of that conveyance, en-
tered on the record OF the decree sharp has
since died. leaving the estate Of his tesator unsettled
Held !. That Deunis's conveyance Of the mortgsged
lands and Snaps entry Of satisfaction Of the decree were
void those who have interest in the admins
ira,ion Of the estate. Vide Williams on Ex'ss, 673
2. That the mere intention and wish of Mrs Hensey,
when she the deed Dennis that the price OF The
land should be sppropsited in certain way without any
agreement relative to the has bearing on the case
3. That the administrator de bonis was proper per-
That the non-j ipder Of Sharps representatives having
been objected to IN The circuit court by demurrer OF
plea answer defendants 10 the bill al the
hearing caut be objected 90 Wi Of Reversed
with strnrti- the circuit to render decree set
ting aide Snaps enty Of satisfaction Of the decree !" hi,
favor aud setting aside also Dennis conveyance 10 said
widow aud heirs Of Mr.. Hensley.
"a syllabus Of lengthy opinion of Judge Smith 0m ted
The State o. The Bsards Appeal from the Tippeesnoe
| &C.
PERKINS 1.-THE cis,ions 10 the preamb. Of statute
admissible and prma face but conclusive evidence
Where the enActing clauses of statute plain, we do
not refer 20 the preamble in constituting them
The for the relief of the Boards, passed in ls4S
oui,ed the evmuissner appointed under it, and by
qnence the cuut appeal be governed in adjudica ng
upon their claim against the State by all the Jules Of Law
evidence applicable in between parties generally
in courts OF law.
The cnrac Of the Boards for the construction Of section
OF the w. f. canal, west of lafayette made IN 1889
basiug forfeited by the defaults of the parties
long before they actually constructed said
ton or any could he recovery for the sub
sequent construction Of the same upon said contract but
compensation for such construction they would ssu
better footing than the contractors under the ae
S42 providing for the completion Of said canal and woui
be bound to receive their in canal scrip No ofhcer
the canal had power make representations binding upo
the stae the and this the Boards were bOun
| 10 know.
The State can make contract pay in specified articles
Reversed W. w. Wick and A. S. White at,ys for State
| r. A. Lockwood, atty for deis
i "WEDNESDAY, Nov. %
/ .MeFadin v. The State Error TO the Posey c. z.
i No part of the Ohio river below low water mark
within the boundary Of Posey county. The jurisdlco
of the circuit of the State is limited BY the bounds
res of the counties which they respectfully situ
| ated.
The State may possess jurisdiction territory nj
erected into county, attached any existing fe
/ judicial purposes.
Jurisdiction the river opposite county does M
result as an incident the jurisdiction the Iand
joining the stream.
The cabling boat to the shore Of county on sal
Ohio river, does make il part OF the shore ms
give the county jurisdiction over an offence con
miited said boat while lying on, in the stream beyon
low water mark. Rerersed.
| a. p. Horey attorney for the plaintiff
i H. O'Neai, attorney Tor the State.
Michael v. Doe DEM Fating. Error TO the Fayet
! &C.
SMITH, IA conveyance of land, while in sdvers
possession of party having uninterrupted chain
paper iitle is void. Martin Page g Biackford 3d. Gil
breath v. Doe, Biackford, 800. Reversed. Remands