The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-17
Proceedings in the Various Courts of
Record Saturday.
Full Abstract of the Opinions Rendered by
the Judges of the supreme Court
Work in the Local Courts.
snnreme Court-Dec. Is.


that after their arrival at full age twenty years
had elapsed before the bringing of the suit. The
complaint showed that at the time OF the guard
iaus sale of the real estate sued for the plant
utfS were infants. While they remained under
the disability ofihfancy the statute OF limitations
would not run against their cause of action II IL
could be said that the cause of action accrued
during their infancy. In any event the lmlta-
ton OF twenty years was not applicable. ACTIONS
to quiet title must be brought within fifteen
years aferth cause of action has accrued. (62
Ind, 145; 81 i'd, 446) The demurrers
to the replies of Eleanor Baxter were eIrO-
neously sustained. They showed that she dld
not become of age until Feb. %, 1868 and the
action was commenced less than twenty years
alter she became OF age the aVeruenI OF Gov
erture did not add anything to the replies OF In
fancy. 90 Ind, 1887 Judgment reversed.
INTERRoG Observation-Disclosures
1879. Travellers Insurance Company VS.
Lucy A. holland Madison G. G.
Franklin, C.-mterrOgatories properly sub
United to jury, with their answers, go into the
record along with the verdict without a bill OF
exceptions. But the record must show that the
Intermediates were submitted to the jury by
the court. The statement in the record Is "and
said jury also return in open court their answers
TO the Intermediates propounded by the ue-
PENDANT" etc. This is not sufficient. GO Ind,
478; 80 i'd, 263J Judgment affirmed.
SELLING NOTE OBTAINED BY FALSE rRETENsEs
,ll,2O2 Tne State VS.. Joseph j. Adams
Huntington g. c.
Niblack. J.-Prosecution under section 2,2O4,
r. s.. for selling note knowing that the sigma
ture was obtained by false pretenses. The indict-
ment charged that appeie procured one
Brinnaman to sign the note by representing to
him that it was only bond to indemnity GER
tam bank against costs IN the prosecution of an
action on behalf of the appellee. Under the first
clause of SAID section an indctpent will not lie
for obtaining ANYTHING by merely verbal mIsreD-
resentation. (s2 Ind, 221; Wagner VS.. State,
No 10 .419, last term.) But i'll a prosecution
under the second clause of the section it Is not
essential to charge that the false pretenses re-
sorted to in obtaining the signature were of such
character as OF themselves TO constitute
crime under the statute 1t is only necessary TO
that
representations knowingly made. The grava-
men of the offense is the selling of a note Known
to the vendor to be tainted with fraud. Such
sale constitutes fraud upon both the purchaser
and the maker Of the note. 1t need not be
charged that the person selling the note himself
obtained the fraudulent signature. The knowl-
edge of the fact that the signature was obtained
by false pretenses is sufficient to make the seller
or such note guilty OF the crime intended Inc
court erred i'll quAShlng the 1ndlctmemt Judg-
ment reversed.
PRoNIIssoRY NoTE-wAIvER OF PROTEST, ETC.
10S88. John Sohn VS.. Peter Morton. Grant
G. c.
Best, C.-Where a note is payable at q bank in
this State and contains a provision that the
drawers and indOrsers severaliy waive present
nent for payment, protest and notice of protest
and non-payment, upon the failure of the maker
to pay at maturity the in6orsers al once become
liable to pay the note, and the holder may pur
sue either the maker or the indorsers, or all of
them together, at his option, and is not obliged
to pursue the maker or to show any excuse for
his failure in order to fix the liability of the in
dorsers. Judgment reversed
COMMUNICATING PURCHAs-
ERS
9,514. Daniel t. Jones VS.. Ida Alice French
Elliott Ut is fraud for an administrator to
represent that he will sell only the parcel of
land described in the petition, and afterwards
surreptltiously amend his petition by including
another parcel, and then designedly keep the
petition from the files TO conceal the amendment
from the heirs. And, it is gross frand for him to
oollude with a purchaser and by false state
ments prevent competing bids. Judgments
may be set aside for fraud and the
same rule applies to orders made upon the petit
ton of an administrator to sell land. az Ind,
374; IS i'd, 31S) But the title of purchaser in
good faith at such sales will not be impaired be-
cause of the suificiency of personal property to
pay debts Nor viii the fact that one piece of
land sold for enough to pay all debts or the fail
ure to file an additional bond, destroy the right
of such purchaser to hold venjee's lien for
money paid on his bid, and which went to re-
lease the land from the decedents debts. (31 Ind,
344; 4 i'd, 445; "a i'd, 264.) Such rests
on the equitable doctrine of subrogatiOn. (Shel-
532) Appellant was entitled to lien for the
money paid by him purchaser in good faith
without notice of any irregularities. Judgment
reversed.
VERDICT-wEIGHT OF EVIDENCE.
1861. L., n; A. q c. Ry, Co. VS.. WIN. T. Dun
BickneI, G. C.-where the plaintiffs testi-
mony. if believed by the jury, strongly tends to
sustain the verdict. the verdict cannot be dis
Ind. 219, 229, 367, 1861 Judgment affirmed.
1887. Zachariah Deputy We. John A. Page.
Jennings q. e.
Howk, G. 1.-The only question presented by
the record in this case is as To whether there is
sufficient legal evidence to sustain the finding
on every material point. This question must be
answered In the Affirmative. Judgment af-
tirmed.
NEUTRALITY-SUSPICIOUS. PAID UNDER PROTEST.
1O724. Connecticut Mutual Life Insurance
Company VS.. Daniel Stewars ct al. Marion
S. G.
Hammond. J.-Appellant held mortgage on
real estate, and the appeiees, in an action for
the foreclosure of mechanics liens. to which
appellant was made defendant, obi aimed a de-
cree adjudging their liens paramount to the
mortgage. The property sold under this
decree, and bid in by the appellees. Appellant
then filed blll~to review said judgment, and
while the action was pending, the year for re-
demption being about to expire, appellant, I'M
der protest, redeemed from the sale under said
decree. Appellant afterward had judgment
holding its mortgage paramount TO the liens of
the appellees and this action was brought to
compel them to refund the redemption
money so paid by appellant y demurrer TO the
complaint was sustained. The money paid by
appellant to redeem cannot be regarded as a
voluntary payment. Appeees had Judgment
against appellant, which was binding between
the parties until reversed or set aside, and under
it had sold properly which was appellants only
security for n large sum of money. Appellant
had applied without avail to have the Judgment
set aside. From the decision denying relief il
had appealed to the general term, but before
decision on the appeal could be had the year for
redemption would expire. Appellant had either
to redeem or take its chance of losing it's entire
claim. Appeees received the money with notice
that they would be required to repay it if the
appellant was successful in setting aside their
unlawful decree. The complaint showed good
cause of action. (See Al Ind, 3l2; 42 i'd, 32)
Judgment reversed.
The following cases were also decided of which
abstracts will appear tomorrow:
william Kelly State eX rel. First National
Bank. clinton @. c. Affirmed HOwk. G. j,
James johnson vs.. Amona lodge. Grant c. c.
Reversed. Best, g.
Eek rel. Sigler va. commissioners of Madison
county Madison c. G. Affirmed. .Bicknell, c. {.
Corner Gravel
Moss. Union G. G. Reversed. Black, G..
William Hilton John W. Mason. Jay G. G.
Affirmed. Franklin, G..
Christopher Carver VS.. John W. Howard
Switzerland G. G. Affirmed. Black, c.
Superior Court.