Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-08-15
Supreme Court Of Indiana, May Term, 1850.
Reported for the State Sentinel


BY ALBERT G.. PORTER, ESQ.
TUESDAY, June a, 1880.
Tereg '. Strain Error to the Washington C. C.
Mcmahon " Thompson Error to the Washington
c. c.
SMITH, 1.-THE transcript of Justices Judgment to
bind real estate becomes lien upon the real estate of
the judgment defendant so il is filed and
corded, and entered the docket Of judgments in the
clerks Office of the county which the land is situate
and has preference Judgment subsequently
dered IN the circuit court OF the county where the tran
script is filed.
Land sold sherifs sale upon three executions
issued upon Judgments of which Of date SUBJ
sequent to the date OF mortgage upon the land
and the proceeds applied the satisfaction of the
executions according to the date of the judgments upon
which they issued.
Held That this correct and that there was no
foundation Tor an objection that the proceeds OF the sale
what necessary satisfy the execution issued
the oldest judgment should have been applied the
satisfaction OF the mortgage in preference to the other
two executions. Affirmed with two per cent. damages
Hall ct al. V. Williams. Error to the Marion C. c.
affirmed
HOtchkiss " Daily. Error to the Faycttc c. c.. AZ
frmed.
Mason V. Palmerton Error to the Dearborn c. c.
PERKINS, IA bill in chancery which seeks to obtain
a trial of suit at law on the ground of newly dis
covered evidence, which could be procured by the
exercise oproper diligence in time to be used at the trial
at law, canLo. be maintained where the answer posi-
lively denies the exercise of proper diligence and there
is no evidence to establish that due diligence used
Neither such bill be maintained when the new ev.
dence discovered during the term of the
which the trial at law was had and in time for the
planant to have moved for a trial ct law.
The Circuit Court entertain motion for q new
trial OF suit at law after final judgment, if the motion
he made at the same term at which judgment
dered.
bill in chancery exhibited for the purpose of procu-
ring trial of suit law, will not be maintained,
where 1t is shown that the evidence discovered would
probably have changed the result of the suit Reversed.
State rel. Archer Smith ct al Error to the Allen
&C.
Per CURTAIN. The declaration in this case, which
adudged by the court below, upon demurrer to be
bad, is deemed unobjectionabe. Reversed. Remanded
with instructions the Circuit Court override the de-
murrer, and give the defendants time to plead.
ConceH v. anderson. Appeal from the Franklin G. c..
BLACKBOARD, 1.-The circumstance that material
witness resident in another State, discovered by the
plaintiff suit law be county where the trial
was had, but too late to have him examined su-
cent to sustain motion for trial of the cause
reason appearing why his deposition could have
been taken in the State where he resided
Neither is the affidavit of the plaintiff stating that one
of the jurors mad during the trial used certain improper
such moton where counter-afdavt of the Juror re-
ferred to is before the Conrt contradcting the plaintiff
statement to his (the jurors) expressions. affirmed.
FIdgg admr V. Winans. Error to the Probate Court
of Adams CO.
Per CURIAM-winans sued Flagg admir- of Bios
som, for debt due from the of the ntestate
Plea, the general issue Verdict for the plaintiff
Judgment against the defendant de bOnis propriis This
Judgment some years afterwards, revived by scre
dcias. The judgment the verdict should have been,
not against the defendant individually but against the
intestaIes estate
Judgment frevivor reversed Proceedings subsequent
to the original Judgment the verdict exclusive of the
last named judgment, set aside. Remanded with in
strucons to the Probate Court to amend the said org-
nal Judgment to make it Judgment against the
estate of the intestate.