Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-06-10
Decisions of the Supreme Court of Indiana.
MAY TERM. 1852.


RKPoRrRD EXPRESSLY FOR THE DAILY sENTNE BY w DUzAN
IX-LyNcHs t al. o. RALEIGH ct al-Error to the Pan
dertnrgh Circuit Court.
Bill 10 chancery by Raleigh and Byrne against Lynch
and the unknown heirs of Thomas Donahoe, praying a
decree to aside conveyance OF land alleged TO be
fraudulent. Decree in accordance with the prayer OF
the BILL
SMITH, j., held
list That may be necessary for creditors to OBJ
tain Judgment before filing bill TO have fraudulent
conveyance set aside, where the debtor is deceased.
ID. That though a conveyance Of land be made to
avoid the payment OF an existing Judgment and though
the land may be subject 10 the payment oil that Jndg-
ment, it wopd follow that the conveyance would be
vodabe for debts contracted subsequently, to the making
Of the conveyance.
Decree reversed.
X.-WILLIAMs y. OLIPHANr.-Error to the Franklin
Circuit Court.
Assumpsit for alleged breach OF contract by Will
ams, who had agreed to lease farm to OIpbant and
afterwards refused 10 enter upon have the premises
The below the trial of the before Jury,
gave the following Instructions which Iwere objected to
by the deiendants
q Remote or special damages, such as expenses for
moving to more remote farm, are not TO be allowed
bnt for all such egitimatey and directly arise from
the breach, you give the plaintiff the equivalent
of performance in money II the defendant is delinquent
in fault by breaking his contract he's bound to repair
the loss OF the plaintiff thereby"
SMITH, j., held
That the instructions substantially correct far
they go. The rule to the measure OF damages IN
the case oil breach oil contract Tor the sale oil goods IS
applicable the breach of such contract that
now in question.
Judgment affirmed.
XI.-SHERMAN ct al. .. SHERMAN-Error TO the Jet-
ferson Circuit Court.
Bill in chancery by Theodore Sherman, administrator
of Benon Sherman deceased, 10 ioreclose mortgage
executed by Daniel and Charles b. Sherman, sons OF
Benoni their father appeared that Benoni, some
time before his DEATH decided to Daniel and Charles B.
piece of land for which he took note for $500 and the
mortgage in question; that he intended the land a
gift and took the note and mortgage means OF Sc
curing the support o? himself and wife, and as check
upon the conduct of his sons, and be collected
that few days before his death he delivered Charles
B. the note and mortgage with the remark that che
wished him to keep them till he (Benoni) was dead
and his wife dead, and that then they would be void
and dead aso; and that he had often said he did not
wish his to pay anything for the farm only to sup
port their parents. The court decreed foreclosure.
PERKINS, j., held
That the surrender Of is prna tace satsfac-
ton REIMBURSEMENT Of the debt evidenced by the note
that the mortgage but security for the note and
anything that discharged the latter discharged the for
that the note surrendered with view to the ren-
punishment OF what was legal demand but one never
intended be enforced and that IL the duty OF court
of equity to enjoin its collection.
De aree reversed with costs.
XH.-HARBURT .. DUMoNT and GLENN.-Error TO the
Dearborn Circuit Court.
Debt by Harburt against Check, Dumont and Glenn
three promssory notes Check the principal, Du-
and Glenn sureties The principal question raised
was, whether the giving OF further time for payment oil
the after they became due discharged the suetes
BLACKBOARD, J.. held
That valid agreement not to sue for debt Tor a
limited time, cannot be pleaded in bar Of an action
brought within the time but still the law is well settled
that snch agreement by creditor with his principal
discharges the surety