Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-06-19
WEDNESDAY. May %, 1876.

WEDNESDAY, May ., 1891
Kennedy ct al V. Christian. Error St. Joseph C. c.
SMITH, j. Action for mesne profits by Christian ct al
v. Kennedy & Nichol. Plea not guilty. Judgment for
plaintiffs
Plaintiffs produced the record Of suit in eectment,
and writ of haberi facas posssssiOaem. They claimed
originally under will, which the casual electors had
destroyed the latter heirs occupied and caimedds
tnct portions of the tract, having divided it. The share
OF NichOl was wild land
Held that Joint Judgment is erroneous, that each
liable for the profits of the land he had in posses
sion and for that amount only. Judgment reversed.
Mason v. Beard. Appeal Union G. C.. SMITH j.
Assumpst by Beard for the price Of l0 bushels of fax
Seed be paid for II per bushe below the Gin
cinnati price when called for" The flax seed was de-
lvered in August, the price demanded in October
The court below instructed the jury that the price
fixed by the value of fax seed Cincinnati the date
of demand. Judgment for plaintiff accordingly.
Held that the price the date of the deliry was the
standard. Judgment reversed.
Orerturfv. Martin al Error Ripley c. c. SMITH, j.
Assumpst by Overturf against Martin and wife and
Christie Christie merely surety on the note 1t being
for the benefit of Mrs Martin when sole Christie gave
the individual who held the note notice on the 9th oil
Feb 1915, requiring him TO institute suit Immediately
this he failed TO do until 26 Dec, lS45
suit had been commenced on the note, September
term, 1915 and dismissed. Judgment was rendered
against Martin and wife, and in favor Of Christie for costs
Held, that this judgment is correct; due diligence had
not been used that the fact that suit had been i'm
properly commenced for the same cause oil acton and
dismissed, evidence Of diligence. Judgment
affirmed.
Colrin The President and Directorso Of the Liberty
and Abingdon Turnpike Company. Error. Wayne Cir
cult Court. SMITH, j. Debt by the President, &c,
against Covin for instruments due by him as sub
scrber for stock in said Company Judgment for plain
tifs. Colvn claims that he is released from liability to
pay his Subscription by the change Of the location oil the
road after he had subscribed.
Held That there being condition in the Mt
subscribed that the road should follow the route desired
by Colvin, change Of location does not release him
from liability pay said subscription. Judgment al
firmed.
Hathaway, for the use Of Nethercut, VS.. Hatharay
Error. Putnam Circuit Court. PERKINS, j. Tria
before Justice the 18th. New Trial granted on the
23d. Certiorari. Circuit Court decided that it wa:
granted one day too late.
Held, That this is incorrect; that the grant mad,
in time under the statute requiring new trial to b.
granted in four days after Judgment the day Of trial no
being counted Of the four. Judgment reversed.
Il Leforge ". West. Appeal Franklin Circuit Court
PERKINS. J.. Bill in Chancery by West. After Stain.
that Lefforge committing waste, and that com
painant is siezed in fee of the premises described tn
prayer is, that on the final hearing said lands may b
decreed forfeited your orator. and such other relic
given may be meet" Decree for complainant.
Held, That the bill makes case for court c