Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-07-10
Supreme Court Decisions, May Term, 1851.
RrrOarrD FOR TIE DAILY STATE SENTINEL ESQ.,

REPoRTED SENTINEL By J. coBrRs ESQ.,
TUESDAY, July l. 1851.
McNaughten ct al. " Lamb. Error Crawford c. c.
PERKINS, ]. Bill in chancery against heirs to set
aside conveyance of land made by deceased debtor
in his lifetime, for fraud and for sale OF land Tor the
payment of debts Sale decreed and the sheriff ordered
TO bring much of the proceeds would pay the de-
cree in the into court and 10 pay the ovepus to
the defendants
This decree for the sale of the land rightly made,
but the proceeds Of said sale the amount OF the
Decree would necessarily 90 the plaintiff IN the
bill, and the overpus would not necessarily go to the
defendants in the decree but the entire proceeds oil the
sale should be paid into court be distributed amongst
creditors should there be such, in the OF admin
istration. Decree for sale affirmed the remainder of
the decree reversed with directions to the court below
order the sheriff to pay the whole of the proceeds of
the sale beyond costs into
Hay " Whitaker. Error. Vigo c. C. Judgment
affirmed.
Doe er, dem. Hahn ct al " Moore Error yermil-
lion c. C. Judgment affirmed
KimmeI Macy eft al. Error. Wayne c. c.
judgment affirmed with per cent. damages.
Porter v. The State. Error. Randolph c. G. Pc
tton for re-hearing overruled.
Smith v. The Orrseers Of the Poor Of White Rirer
Township. Error. Randolph c. C. Petition for re-
hearing overruled.
BOsen ct al V. Johnson ct al. Appeal Fountain C.
c. Petition for rehearng overruled.
Case ct al v. Weber et al. Appeal. Franklin c. c.
Petition for Tc-hearng overruled.
Huckteberrg V. Sugg, Admr. Error. Clarke G. c.
Petition for re-hearing overruled.
0TdckenTfdge ef al. v. DdacS0n. Appeal Allen u
c. Petition for re-hearing granted.
Hutton ct al. ". Dunfon. Appeal Allen e. Z.
BLACKBOARD, j. Debt by Dunton against Hutton ct al.
on replevin bond. conditioned that said Hutton would
prosecute the suit TO effect and return the property re-
peied if adudged Breaches, that the replevin suit
not prosecuted with effect, and that judgment for
return was rendered, but return made. Pleas-l.
NuL tiel record. 2. That said Judgment was obtained
by fraud Replication first plea that there such
cord demurrer to second sustained Plaintiff entered
nOe prosequi to the first breach Issue on first plea
on Judgment affirmed by this Petition for
hearing The question is to the validity OF the Sc
cond plea.
Held, That il is insufficient If the Judgment men.
toned in the second plea obtained by rand the de-
iendants remedy is by bill in chancery Petition for
re-hearIng overruled.
Muir v. Ponsler & POnsler Error Ripley c. c.
BLACKBOARD, J. Bill in chancery hy p. Il r against
NJ. stating, that p. & F.. in 1912, borrowed OF M
Sl40 and gave their for S2l5, with ten per cent
interest," and assigned him title bond securty that
p & p. have rendered the amount Of said loan with law
full interest and have it in court but that M refuses IL
that the usurious. Praying for decree that M
receive said money in satisfaction of said note and deli
yer to p. & p. said note and title bond. Answer-mak
ing note and title bond exhibits. Decree for complain
ants.
Held That the decree would have been right upon the
bill and alone but that the dispositions put the
case beyond all doubt. Decree affirmed.
The Indiana Mutual Fire ms Gov. Coquildrd ct al
Error. St. Joseph c. c. BLACKBOARD, j. Assumpsit
by said Company against c. ct al Declaration alleges
that defendants in 1893 made their plaintiff for
S5S4 TO- payable in such portions and at such times
the directors of said Co. might direct; that said direc
ordered several with due notice,
one for $40 So another for S27 Ia br that defendants
have not paid. Plea, non aSsumpat Judgment for
plaintiff for 81 73 On the trial defendants gave in evil
dence deed of conveyance executed by Coqullard and
wife to D. Defrees, for ninetenths of the property
insured by the policy named in said note the deed was
executed before the assessments were made.
Held That this deed had effect npon the personal
liability of defendants the note; that they continued
personally liable until The actual surrender to the plain
Tiff Of said policy; that they therefore had no right to
introduction of the deed JUDGMENT reversed.
Tripp ct al v. Hemphal. Error. Fountain C. c.
Decree affirmed.
THURSDAY, Jrly 3, 1851.
cissna Marvin Error. Tippecanoe C. C. Judg.
ment affirmed
Diron Wiqqins. Error Delaware C. c. Judg-
nlent affirmed, with five per cent. damages.
The Madison Ind Indianapolis Raitroad Co. Man.
rale. Error. Bartholomew G. e. Remiffitur Med
and Judgment thereon
Parks EdsaH Error Allen C. C. Judgment
affirmed with three per cent. damages.
McLane ct al v Elmer. Error. Wayne C. &. Judg
nlent affirmed, with three per cent. damages.
The State Roudybush. Error. IIppecanoe L. u
Fer Curiam In an indictment for horse along
highway the tern of the highway need not be stated
-Pyitchard Spencer. Error. Allen c. G. PERKINS,
J. Assumpsit commenced 1S4S, for goods sold, &c.
d efendant pleaded that he did promise within six
years. Replication that the demand claimed was due
pom running between the parties merchants
Demurrer replication sustained. Judgment Tor de-
PENDANT Prior to the Rev. Code of 1S43 there
statute Of limitations in this state upon running accounts
between merchant and merchants is insisted that the
provision in that code extending such statute to those
accounts prospective only in its operation and does not
action such till after the expiration oil
six years from its coming into force.
Held That the Statute in force when the suit was
brought govern that the Statute of 1843 applies
10 this and is part of the remedy Judgment af-
hrmed. Petition for rehearing over-ruled