Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-12-26
Decisions of the supreme Court of Indiana.
NOVEMBER TERM, 1850.
Reported for the Indiana State Sentinel
BY MESsRs. BARBOUR PORTER, Attorneys al Law

TUESDAY Nov &C. 1850
Cecil V. Dynes-Appca from the Delaware Circuit
Court.
SMITH, Under our Statute bill may be filed to
forecose mortgage, when any single note nsalment
secured by the mortgage becomes due.
In such bill IL not necessary that prolert should be
made of the mortgage. that the mortgage should be
made exhibits general statement of the matters of
fact intended to he offered in evidence being sufficient
Sec Story's Eq. Pl. s 265, 2s,
The proper mode of obtaining the inspection of the
original papers documents referred to 10y the plead
ings in suit in chancery where the party is entitled to
such inspection, is by motion Rerersed-
MARVEL v. Redman-Error to the Gibson Circuit
Court.
The provisions of the Statute of lS43 relative pro-
ceedngs by landlords against for holding over
substantially the same the provisions upon the
same subject of the Statute of 1888.
To authorize such proceedings, be shown that
the relation of landlord and tenant ubssed between the
parties. Reversed.
kirkpatrick v. Stngley .-Appealrom the Tippccanoe
Circuit Court.
SMITH, IA Judgment in favor of the defendants in
suit against all the makers OF joint and several prom
sorry note, is not bar TO suit afterwards prosecuted
against one of the makers.
A, B, and c, signed note payable to d. in ninety
days. and, about the time of its date, it was brought
to the house of the payee by and b for the purpose
Of procuring loan from the payee of five hundred dol
lars the payee told and be could not lend the mo-
ney for ninety days, but willing to let them have it
for sixty days, if they wond draw note payable
at the end OF that period; then, in the presence oil
of and with the Of B. but in Cs absence, alter
ed the note make it payable in sixty days after
date and the altered then delivered to the
payee who advanced the OF money .or which IT was
given Held that by the alteration Of the note, was
discharged and become the joint and several note of
and B. upon which action could be maintained against
alone affirmed, gith tirO per cent. damages
Jennings ct al V. Fryer.-Error TO the TipPecanoe
Circuit Coart Affirmed.
The city OF Madison v Hdreth.-Error to the Jefier-
son Circnit Court.
PERKINS, Jan exempiicaiion of the field notes Of
the public surveys file in the General Land Office GER
titled by the commissioner under bis official seal, Is
admissible evidence of the boundaries of sections,
&c.. surveyed.
The South line of fractional section two, in township
three North, of range ten East in Jefferson county, is
on the Ohio river.
When grant of land refers to map upon which the
land is laid down bounded a water course, the
grantee is entitled to hold usque al fiam aqUe. If
frmed.
State Lackey.-Error TO tue Hamilton Circuit
Court
BLAcKFoRD IA Circuit Court has no jurisdiction
10 try party upon indictment, where subsequently
TO the finding Of the indictment, the Legislature has
passed giving another jurisdiction OF the
offence and containing clause for the saving of pend
ING suits. Vide Taylor V. The State, Blacki., SO.
affirmed
State " Lackey-Error to the Hamilton Circuit
Court affirmed. See the State V. Laekey, above.
State v. Waller.-Error to the Hamilton Circuit
Court. affirmed. See the State V. Lackey
State v, Davs.-Error to the Hamilton Circuit Court.
affirmed See the State V. Lackey.
Shellenbarger V. Nons.-Error to the Delaware
Circuit Court.
BLACKBOARD, J.-Action of SANDER, for words impu-
utng to the plaintiff wiul perjury committed in testi-
fying in an action of assumpst before Justice of the
peace. Held that in such action before the Justice the
defendant has right under the general issue, to have
the plaintiff sworn witness, if he makes objection,
and perjury may be predicated on such oath.
The allegation in the declaration that the plaintiff
examined on oath administered by the justice according
to laU saying in substance that the Justice had urs
dicton of the cause, and is sufficient general demur
rer. Reversed