The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-12
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-Dec. IL,
Hon. Geo. V. Howk. Chief Justice.

Hon. Geo. Y. Howk, Chief Justice.
SUNDAY CoNTRACTs-RATIFICATIo - REPLEYIN
DEMAND.
$3.50. Jonas Kuhns VS.. Peter Gates. Tlppe
Elliot, J.-Pring was the owner of a colt and
on Sunday orally agreed to exchange it for a
mare which appellee had, the exchange not to
be deemed final until Pring's grandmother
should assent to it. The colt was delivered to
appellee, the consent Of the grandmother was
afterWard given, and acts were done by Prlng
ey1hcing ratification Of the original contract.
Afterwards Pring took the colt from the pos
session of appellee. Appellant bought the colt
from Pring with notice of the oral agreement
and appellee TepleVled the colt from appellant
without first making demand, Held: Appellant
being purchaser with notice was not entitled
to demand. The delivery OF the colt by Pring
was sufficient to bind the bargain. Upon the
assent of Pring's grandmother the contract be-
came executed and the property and possession
were both in the appellee. (81 Ind, 512; 40 i'd,
oSS), A contract MADE on Sunday but ratlneu
on another day of the week is valid. (S7 Ind,
2693- When the jury find against party In
answer 10 heterogeneous and in accordance with
the weight of evidence upon an Isolated
question of fact, an error in the instructions up
on such question should be regarded as a harm
less one (57 Ind, ass; 81 Ind, 469D Judg-
ment affirmed.
DECEDEETs EsTATEs-PREsUMPTIvE EVIDENCE.
10,94S. Aultman, Miller & Co. VS.. Henry G.
Timm- La Porte G. q.
heirs of William Timm on a note executed by the
latter in his lifetime. The evidence showed tn at
persons OF the same name as the defendants nhu
received the estate of the decedent, and that let
tiers of administration had been granted on his
estate. The granting Of letters afforded at least,
prima facie evidence of Timm's death, and as
against adult heirs, who had received a distribu-
tive share of his estate, the letters would be held
conclusive Of his death. Il Greenl. Ev., sec. Al,
identity of name is presumptive of identity OF
person. Y Greenl. Ev., sec. 278. d. The evil
de9ce made prima facie case for appellant.
and there being no evidence in conflict
with 1T, the judgment should have been for ap-
pellant. Judgment reversed.
EsTATEs-REoPENING FINAL SETTLEMENT.
1O,9O1. Nancy Chase vs. Othniel Beeson, ad-
mnistrator. Fayette c. G.
tor to assist claimants in the fling and allowance
of their claims, nor to keep the estate open for
the filing of claims. But as TO all bona fide cred
itors he holds the estate in trust and if by unfair
dealing, or the practice of fraud or deceit, he
prevents the filing and payment of such claims,
such practice Will not be allowed to inure to The
benefit of the estate. Where it appears that by
false statements aud promises, claimant while
away from friends, and sick in the debtors fam
lily, was led by the administrator to believe that
no action on her part was necessary to procure
the allowance and payment of her claim, her
representatives are entitled to have the final
settlement set aside and the estate reOpened for
the purpose of proving the claim. (R. S., sec,
2,4O3; "a Ind, 70; 70 i'd, 319J Judgment re-
Versed.
DEED-1YFANT BENEFICIARY .
10,699. Jos. 7. Pruitt VS.. Alexander PruitJ ct
al. bartholomew @. @.
dammOnG, J.-ln 1861 Nancy Hru1C6 deedeQ
certain land to her son Alexander, who, by the
terms of the deed, to pay appellant $500
when he arrived at his majority. The deed was
accepted by Alexander and recorded. Appellee
purchased the land afterward, and answered
that before the appellant had any knowledge of
the provision in the deed in his behalf, said
Nancy and Alexander, by mutual agreement, re-
selnded the contract, and in consideration of
said $500 which Alexander was to pay appellant
he recOnveyed the real estate to Nancy, which
she accepted, and released him from the pay
ment OF said sum. The time for the payment of
said sum being fixed in the deed, no demand be-
fore suit was necessary. Il Ind, 224; Ferguson
estate, No. 9,O12, last term.) Said sum being
the unpaid purchase money, became lien on the
land. Il Jones Mort, secs. 205, 214.) And the
recording OF the deed was constructive notice to
subsequent purchasers. t26 Ind, 333; "a Iud.,
594) The delivery OF the deed became, as TO
Mrs Pruitt, an executed gift of Alexander's
promise to pay the purchase money to the appel
liant. In the case of a minor, the law implies
an acceptance of a beneficial gift, even
though the infant be ignorant of the gift.
passes from the control of the donor. I'll Ina,
92 So i'd, $685. "a i'd, 547; 20 Am. Dec, 1872; 16
Am R, 90; 40 Vt, 597l The gift being exc
cuted, it was beyond the power OF Mrs. Pruiit to
debt, (See Ind, 364; "a i'd, 149) Judgment
reversed.
MoRTGAGEs-PRIoRITY
9.951. Union Mutual Life Insurance Company
VS.. David B. Abbott Marion s. G.
HOwk, G. jim May, 1873, Kelley desired to
purchase of Purdue certain land in Pulaski
county for the price Of $1,000, and applied to
appellants agent for a loan OF $4,000 on the
land. To enable Kelley TO buy the land, said
agent borrowed the $4,000 on his own credit,
with which Kelley purchased the land. On May
81 Kelley applied for the loan of $4,000 from
appellant, and executed mortgage, but the
date was left blank, the date to be put in when
he received the other ST., 800. On June Ia APP
nellaut notified its agent of its acceDtaDco of