Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-06-20
SUPREME COURT OF INDIANA.
MAY TERM. 1850.

Reported for the State Sentinel By Albert G. Porter Esq
MONDAY, May 81, 1850.
Denbo Tipton. Appeal fom Ca,s C. C. affirmed.
DOolitile v. jones. Appeal from the Decatur c. Z.
SMITH j. Appeal from order Of the Decatur c. c. dsolv
ing injunction which had been previously granted
strain the collection of certain judgments at law The
te al averments in the bill upon which the Injunction
predciated, positively denied by the and entire
y unsupported by proof and The motion dissolve the in
junction rightly sustained. Affirmed
The State " Crawford. Error to the Steuben c. e.
SMITH, j. Indictment against Archibald Crawford it, for
forgery There tour counts in the indictment charging
that the defendant. being possession of prOmssory
for payment Of 500 by McNaughton Archibald
Crawford, beaIe elonousy did forge, the back Of
said note, assignment Of the same to himself in these
words:
al assign the within note TO Archibald Crawford, Jr
ARCHIBALD CRAWFORD
The ls Sd aud 4h counts aege that the assignment
made with intent deffaud McNaughton and
charges that made TO deftaud Archibald Crawford.
The indictment quahed motion of the defendant
No defect perceived in The second at least which
tho assignment forged with de-
fraud Archibald CIawfoId Although note payable to
certain person, bearer, may be transferred by de-
livery The payee may transfer it by endorsement, and
If does he ncurs the ordinary liability Of endorser
Story on Bill., Oh z, 5000; L. D. Rsyn. 4i2 John r.
439; Hills N. Y. Rep. so; Sid 232- Reversed.
Silver v. Bulierhed. Error TO tie Allen c. C.
Per CURTAIN justice of the peace is authorized by law
to amend clerical mistake in an execution issued from
court. Affirmed
PER CURTAIN bill of exceptions after usual prefa-
tory formula commenced thus: On the Trial following
evidence was gyen:" after which followed certain
Of evidence end Of which PERIOD The bill Of
executions then proceeded the following language
The epdsnee closed and tbeTeupon the found etc
Held the language used 10 the bill of exceptions die
not exclude inference that other evidence con-
tanned in it, given ON the tal. affirmed.
Cooper " Allen, ct al Error to the Allen c. C.
PER CURTAIN scre facas by judgment plaintiff agains
the administrator of judgment defendant alleging waste
but omi ting want Of goods in the of the
inestte in the hands OF the administrator, sufficient to pay
the judgment, is bad demurrer. Affirmed
cal m fhP Rand oInhC
PERKINS, Actual possession essential in
of purchaser Of an undivided share OF land Sheriff
TO for PARTITION provided the purchaser
legally dissesed Monroe v. Wabridge, AK. no. Ant
for this purpose distinction recognized between meI
of such purchasers share by third person, b.
the defendant, and legal disseisn.
George w. and Danvillc Banham Rose. Appeal from
the jennings C. G.
BLACKBOARD ]. This was bill in cbanceTy filed BY Ros
against the Braphams and Durham The b. apbams
swered Decree pro c0nfeSS0 against Durham. The cau
submitted BILL aud dispositions
The facts necessary be noticed follows In March
1912 Rose Durham recovered judgment against thu
Banhams for certain Ol money; aud Durham sub'e
oneaty viz the 18th Of Mach 1872 assigned his in
erest in Judgment to Rose. Afterwards the 22d
March, 1912 Durham, in the Of Durham aud Rose, il
alton Of he individual debt Of Durham 10 the Bran
hams gave the Branhai receipt for pat OF said judgment
This receipt taken by the Banhams with full knOwl
previous assignment OF Durham interest In tn
Judgment 10 Rose. The Branhsms paid the judgment,
cep the part of it covered by the receipt which part he
refused to pay.
The circuit court decreed receipt reerre
TO be cancelled that execution issue the judgment
though the receipt had not been gven and that the udg
nneni be collected the named 10 the receipt.
Held That receipt for part Of the judgment, pro
cured by fraud praetised by Durham and The Banhams
Rose; and that circuit court therefore, correctly
aside the receipt Affirmed, with per cent. damages