The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-30
RECORD OF THE COURTS.
Proceedings in the Various Courts of
Record Yesterday.
Full Abstract of the Opinions Rendered
by the Judges of the Supreme Court
Work in the Local Courts.
Supreme Court-June 30.
Hon. William Y. Niblack, Chief Justice.

DEcEDENTs EsTATEs-cLADIs-TRIAL.
1887, Adam Scott. administrator, VS., Hez.
Daley ct al Marion e. C.
Hammond, Jon May 20, 1888. the appellees
nleu their petition asking an allowance as at
torueys out of the estate of Farman for services
rendered at the request of residuary legatees OF
the decedent. Two days afterward, over appel
lant's objection. the claim was tried and n find
lug made IN favor OF the appellees. An admins
TRAITOR may employ an attorney IN the manage
inent of the estate and If the attorneys services
are not paid for by the administrator he may
file his claim therefor against the estate t55
Ind. 50; sec, 1896 r. s., 1881 Section SO Of
the decedents' act, as amended by section D,
acts 1888, page 49, applies to claims against
estates originating after rs well as before the
death of the decedent. Section % Of the dece-
dents act, as amended by section of the act
OF 1888, requires that claims against estates
shall be filed and placed on the appearance dock
ct OF the court ten days before the first day OF
term, and IL not admitted shall be tried
at the following term. Neither heirs ne
legatees can bind An estate representa-
by an executor or administrator for the paymer
of attorneys fees, however beneficial the SER
ices engaged mag be to the estate. The attor-
ney can look only TO his employer for compen-
sation. Judgment reversed.
SALES OF PERSONAL NEUTRALITY-SUSPICIOUS.
1861. Commercial Bank VS.. Christopher Gill
lette. Elkhart C. G.
Elliott, 1.-THE Elkhart Car Company. by
written contract sold to appellant $40 car
wheels, constituting part of 1,1OO wheels IN
one lot, anu there was no separation or desig-
nation of the wheels sold. Held, against the APP
on executions: Appellant acquired notite by said
sale. "a Ind, lac; i'd. 800: IL ID, 203; 40
Id, 588; Pa. St. 40; 81 Ill, 90; ONO, d66
Iowa, 32.) In our judgment commercial interests
are best promoted by rigid adherence 10 the
rule which the sages of the law have so loug APP
proved. although there is much conflict on the
subject in the American cases. The rule secures
real transactions and actual sales. and thus
checks the wild spirit of speculation, and tends
TO prevent mere wagering contracts. Judgment
affirmed.
VOID ACKNOWLEDGEMENTS REITEF
10,03S Henry L. Martin VS.. JohH P're-,
Elkhart C. C.
Bcknen, C. Application to have iudg-
ment rendered by justice of the peace declared
void because he did not enter the Judgment i'm
mediateiy on the return or the verdict. court
OF equity will not interfere to set aside judg-
menJ until IL appears that the result will be diff
terent from that already reached. (S3 Ind,
3OS) The complaint was bad for failure to
allege that the plaintiff did not owe the debt
for which the Judgment was rendered, or, II he
did, that he had offered to pay it. 1913 Ind, 303;
2 Story Eq., section 1881 Judgment reversed.
Elliott, j., conourriug, thinks the amount in
controversy, viz, $l.40 ana costs, taxed at 500,
was so trfliug that il did not enutle appellee TO
invoke the extraordinary remedy Of injunction.
DEED-covESANTs-CoNsT
9.770. Josiah Locke Vs. Micsjah W. White ct
al. Marion 4. c.
Best, C.-Aotion by appellees for parti-
ton of certain real estate. The question
Turns upon the proper construction of a
deed executed by Heron and wife and Micajah
W White. conveying two tracts of land, one
"being the same premises set apart to the said
Isaac Heron and Mahala Heron, his wife, in the
partition of the estate OF John White. deceased"
This is followed by the descrp tiOn of another
tract, and proceeds: "rhis last described tract
being the same premises apart to Mica All
w. White in the partition of the estate of John
White, deceased. And 1t Is the express intention
hereby to convey the entire interest of the said
Mlca1ah White In and to the said southeast OUR
ter of said section"
Where deed with covenants of warranty sim
ply purpOrts to convey the right, title aud inter-
vendor q a
top him from asserting an after-acquired title.
e Cush "a; II Pick, AZ; II Onio Stat. 343;
part of the deed purpOrts TO convey the parcel,
and the last clause does not purpoIU to limit the
language employed IN the conveyance Of this
parcel The statement Is that 1t is the express
Intention to convey his entire in.
terest in the quarter section; indicating
an intention 10 convey any interest he may have
had in the quarter section aside from the par
GELS described. The statement cannot be CON
strued as an intention TO limit the preceding
language, and the deed estopped Mcaiah W.
from setting up an after-acquired title as agains
the grantee. Judgment reversed.
EXECUTOR DE SON ToRT-Ev1DENcE.
lolOO. New Market, etc.. Bank vs. Leander
Franklin, C.-Where the relatives OF a deceas-
ed partner took possession of his personal prop
erty with the consent of his widow and heirs, in
order to continue the business ana thus nav off
his individual debts. which amounted to the full
value of such property. ana they carried out
their agreement in good faith, such relatives are
uOL titDlt as e3eeuIofS uo son JofJ TO a
creditor Of the firm which was solvent
at the death Of the deceased partner, it being
shown that tine surviving partner had posses
sion OF the firm property, and thar ne effort had
been made to collect the debt from him. Judg-
nent affirmed.
The following cases we're also decided, of
which abstracts will be given on Monday:
Wells vs. Morrison. Howard G. Z. Reversed
Bickne, g.
Wiseman VS.. Wiseman. Hamilton c. G, At
frmed. Nlblaok, j.
Rudolph VS.. Laudwo!and. Shelby c. C. Re-
versed. Black, c.
Warning VS.. Hall. Monroe c. C. Affirmed
Elliott, j.