Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1849-07-12
SUPREME COURT OF INDIANA.
REPORTED BY ALBERT C. PORTER. AND HoRATIo c. NEW
COME. ESQRs.

REPORTED BY ALBERT C PORTER. AND HoRATIo c. NEW
COME. EseRs.
Egbert ct III. . Thomas ct al. Chancery. Error TO The
Probate court Of Franklin county.
PEA CURTAIN. A tesiaior, the father Of the defendants,
|bequeathed in the year 1899 to his wife all his personal
property for the use Of his children. who were Is in numbeT,
but II she should marry, then she should only have what the
law would allow her, and provided also by his will that all
his real estate, except the widows thid, should be divided
among his children when they should become Of age. The
real estate consisted Of so acres Of land, % or 30 Of which
was cleared. The widow took possession Of The personal
property and also continued to occupy The farm. Seven
Of the smaller children lived with her and we've supported
by her until August, lS43. when she married Egbeit. The
bill was flied by a part Of the children Of the ics'atOr against
the laintiff in error 10 compel them TO account for the per-
sonal property and for the rel Is aud profits Of the land.
Held, I. That the widow was authorized by the will to use
the property for the maintenance OF the children and that
i afforded TOO slender an allowance for the maintenance Of
the seven children, who renamed with her after the death
Of their faiheI until heI marriage with Egbert, to support the
bill. 2. That the remedy Of the compliments with respect
10 The .ents and profits Of The real estate was at law and not
in equity as they exhibited no peculiar equitable ground
for the interference of a court of chanceTy 10 compel an &C.
count thereof. Crimes ct al. V. Wilson ct TX. 4 Blackford,
33l. Decree reversed. Remanded with direction to the
court 10 dismiss the bill. J b. Sleith & J. Ryman for plfs.
G. Holland for defIs.
Seirers .. Mccall ct al Pea CURTAIN Assumpsit for
wOIk and labor. Pleas, !. Non-assump>it. 2 Payment aud
set of. Similiter 10 FIST plea, but no answer 10 the second.
Cause submitted 10 the court and final judgment for the
plaintiff. On the next day. after the lrial and judgment as
above stated, the court permitted The plaintiff TO file a Tepli-
cation in denial Of the plea.
The uial Of the cause without any answer to the second
p ca was erroneous swan " RaTy, z BlackfoTd, 29l. Hus-
ton v. MePherson, Nov. Tenn, lS47. IL was too late after
the trial aud Judgment, 10 file the replication. Reversed
Rcmanded, with leave TO reply to the second plea. R. C.
Gregory s. J. E.. Mcdonald for appellant; II. S. Lane & s.
e. Wilson for appellees.
Randall, Admr. Of Compared ct al. .. the State CT rel. Mas
sey Debt. Error 10 the Huntington &. c.
PER CURTAIN. The Supreme Court having reversed the
decision of the circuit court, in This case, on the ground OF
fatal variance between the bond described in the declaration
and that produced on oyer, the plaintiff below appeared ii
the circuit court, and, upon his motion, the plea of the de-
PENDANTS setting out the bond on oyer was ordered 10 be 81
amended as TO make the instrument set out in the plea cor
respond with that described in the declaration. Held, tina
the court mad no power to make such ar alteration in the re
cord of the Jadgmen, in the absence Of The defendants ant
without their consent, and that the defect was not remedies
by this proceeding. Reversed. Remanded for a new tTial
d. II. ColeTick &. J. G. Walpoe for plffs. ]. Brownlee f.
def.
Randall, Admr. Of Compared Z. The State er rel. Wright
Error TO the Huntington c. c. Same point decided. Re
rersed, with the same order.
Randall, Admr. Of Compared .. the Slate eI rel. Norman
Error to the Huntington c. C. Same point decided. Re
rersed, with the same order.
Johnson U. the State e1 rel. HunnleL Error TO the Hun
tington &C. Aff5med, with 6 per cent. damages.
Barnett . Troutner. EuoI 10 the Allen {. Z. affirmed
with 3 per cent. damages.
latham .. Ballard. Appeal from the Decatur C. C. Al
Lfrmed, with 2 pei cent damages.
Muir .. Ktcheii. Error 10 the Ripley c. C. AffrmeC
with 10 per cent. damages.
MGhOn y. Pool. Appeal from the Fountain c. c. Affirmed