The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-27
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-Nov. q.
CLAIMS AGAINsT EsrATEs-EvIDENcE.


CLAIMS AGAINST EsTATEs-EvIDENCE.
10,S59. John W. Hanna vs.. John Fisher.
Montgomery G. C.
Franklin, C.-Where note is filed claim
against an estate, providing for attorneys fees,
such fees may be allowed although there Is no
COMPLAINT or statement Of any kind claiming at
torney g fees or averrlng the amount tnereGf.
al Ind, AS, AT i'd, $50; ~ i'd, 520; n To-,
5S3) IL was error to reject the tax receipts
offered by the estate, the taxes paid by the de-
ceased being proper set-oif against the claim
of appellee. The receipts were competent evi-
dence of payment and were admissible as part
OF appellants evidence, whether sufficient alone
or NOT. Where the affidavit 10 the claim Is not
made by the claimant, but by some other per
son who is not shown 90 have any interest IN
the matter in any way, 1t Is not sufficient Vefl-
fcation. Judgment reversed
MoRTGAGE-RELEAsE-P
1O,720 Alex. Conley vs. Henry DlOben. Ohio
Z. c.
Best. C.-Complaint by appellant for specific
performance of a contract to buy real estate, al
leglng that appellant was ready to convey but
that appellee refused TO pay The purchase money.
Answer that the land was to be clear of incum-
ORANGES but was in fact ilcumbered by n mort
gage to the s. ate for school funds. Reply that
the auditor of the county had released said
mortgage. This reply was bad for failure To
aver that the mortgage had been paid. without
payment release nf the mortgage would not
remove the incumbrance. Judgment affirmed.
NoTE-EoUITABLEA ssIeNatENT-LAw MERCHANT,
1o,ss3. Nelson Fordyce vs.. Lewis c. Nelson.
Daviess c. C.
Blcknell, c. C-Where n motto Is owned by two
partners an assignment by one of his interest 10
the other is a good assignment in equity. ga
IND, 4lSD In an action by the indOrsee against
the maker it Is not necessary To set ont IA copv
OF the Endorsement. Us Ind, So; Sc Id, 296;
90 i'd, 477) Where notes executed
In this State, payable IN Missouri,
are commercial paper by the law of the latter
Stale, the rules of the law merchant Will pre-
vail, the presumption being that the parties
contracted with reference to the law OF the
place where it Is TO he performed. % Ind, 33;
20 i'd, "a; 81 i'd, 425.l Such note, Endorsed
Tor value, before maturity, in the usual course
or business, bona tide holder, without
notice, is not subject In his hands 10 the same
defeuses as a note payable in this State, hut NOS
at bank. go Ind, 175) Judgment affirmed.
sHERIFF's sALE-GooDs UNDER MORTGAGE.
1876. James E. Kackley VS.. State, ex rel.
Htitz. Knox G. G.
Best, C.-Suit by appellee on the bond of
sheriff for selling property on execution upon
which appellee had a prior mort gage. without
requiring the purchaser to comply with the con-
dItOns of said mortgage The evidence fairly
tends to show that appellee's mortgage was I'M
paid, and that it was given for a valuable CON
sideratiOn. mortgage absolute in form will
secure the mortgagee against his liability
surety. tJoues On Chattel Mort, SEQ S2) Judg-
ment affirmed.