Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-01-10
SUPREME COURT OF INDIANA.
November Term, 1919.
REPORTED FOR THE STATE SENTINEL A. c. PoRrER,

PaLts ct al q BrOsoa Error to the Marion c. C.
BLACKBOARD, THE validity Of delivery bud is not
affected the omission Of the condi ion hat
the dsfrndan may sell the property private &C. That
clause directed by the statute be inserted In the condi
iiOn Il the nd for the benefit of the execution defendant
and tie has right TO waive that benefit il he thinks proper
TO do 10.
H. action upon delivery bond the under
The statute, assess 10 cent damages the costs 0
hTHned except Ia the Of damages upon the
costs as TO that, rersrssd
Patty o. Moore et al Error to the Huntington c.
PER CuRIAN-If defendant who has taken an appeal
ION the fragment OF justice OF the peace against him 10
the circuit court reduces the Judgment in the circuit couit
i've dollars or mote he j. entitled to Judgment for the
v. adesy Blackfod $50 Rsrsr,sd to costs, aud af
JiTmed as 20 remainder Of The Judgment
ShdU ct al SrJ ct al. Error to the franklin C. c.
Pea CURIAn-fies TO whom lands have descended have
tight to have fraudulent sale Of the land by the admin
saior Of iteT himself set aside, by appcs
money, improvements SC, # the pnchase money has been
paid or the Improvements exceed The rents aud profits OF the
land. 4Grmsd
Shoaf et al .. Jones' Error To III. Allen c. c.
SMITH, Under the act Of 1874, regulate the practice
Of law in the Allen C. C., when defendant has been de-
faued failure plead time which ruled
the court the default be aside without az
hdsvit OF merits Affirmed
Ellis Diddy. Appeal from the EIkhari C. G.
PKRKISs, J.-Peiiion for the assignment Of dover
the lands owned by Peter Diddy, deceased Plea, that
after the death Of said Peter William Latta appoint
ed guardian Of his children then Infants and that said
guardian, the September Term, 1887, of the Ekhart
Probate Court applied for permission to sell said lands Of
said Peter deceased that The sale ordered that the
lands without considering any tight 10 dow
25 dollars per being their full value.
beTed they sold under said defend
below Jscb Ellie for % dollars and ~ per acre,
and decided him that at the time Of the application BY
their gusdan for their SALE said Isabella Dddy the petit
TONER present and coDcured in said appics
tion and she received til dollars Of money recev-
ed the said lands. which the plea alleges
and accepted by her as full payment for her said
teest in and payment and commuiaon Of her right
aud dover and in said premises aforesaid sold aud
conveyed said Jacob Ellis. And said defendant further
that at the time and place OF said sale Of said lands by
and beaiug Of said defendant and said petitioner
was represented by said commissioner that the purchaser
said at said SALE would acquire complete and
CT title 10 the same thereby then and there meaning and
intending and then aud thsie being understood by said
petitioner and said defendant that the purchaser would
que good and perfect title TO said lands free and clear
aud all liens and membranes whatever aud that sale
petitioner then and there acqu-scsd in said
aud urged said sale and notice whatever OF
lrn claim incumb in the nature Of dow Other
wise to said aud that he said defendant
then pu chased laid premises al and Tor said
OF 20 dollars aud IL IN full reliance
representations &c. and that he gave 600 dollars 70
the than be would have given had he supposed th
widows right Of dover remained mp ! them, Sc.
Held that the defendant had ;ht plead 10 the peii
ton matter which would defeat diminish the peti
the plea therefore well p.eaded.
Held also, that the plea not double, urged, il
setting up matter OF record and matter not of record bu
that contained but series of facts all going constu,
Dut one OAR 10 the petton and IN THIS view was usune
by the rules Of pleading.
Upon the merits. it thought if the matters alleged
the plea exist the petitioner is estopped to right
DOVER They shw ho she has ODD by aud the land
sold under that make udulent her
ASSET such Ugh. SuIy' Eq Ju 3S5 3S6 ISL
Smiley " Wright. Ham. 507, Jones Powell John. Oh
R. 1874 State Holloway Black(Ord IS; Mccormick
Dgby, ID 90. Reversed.
Mccullough ct al Mccullough Errpr to the Jeffsr.o
!, c. c. affirmed
Grerzard The State Error 10 the Dearborn C. c. ~
ifrmed.
Gregg ct a. Q. Higgins. Appeal fom the Marion c.
1firmef
McFddn The State. Error 10 the Posey G. c.
Per CUBAN l4h section of the organizing cir
cult courts approved January "a, 1881, R s 1884, i3s
is continued ia force by the r. S. Of lS43 Affirmed
Arord ct al Airord Ell al. Error the Lagrange c.
Errors confessed and decree rerersed Remanded FOR fur
thei proceedings.
Parr G al. The State rel Roman. Appeal fror
the Washington probate court appeal disnaissed-
COierick Jones Ell al Error TO the Allen c. C. Affirmed
Bopers guardian, &c. StinsoB. ETr0r 10 the Clinton
probate court. Reversed.
Blo1gher The State. Error the Warriek c c. Re
= perSed