The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-20
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. 10.
Hon. Geo. V. Howk. Chief Justice.
sHERTFF's OBSERVATION-DISCLOSURES.

non Ueo. v HOWk. Onlel justice.
sHERIFFs PPRAIsEMENT-LIENs
II ,049. John B. stumph We. Catherine Regor
Marion :. G.
Hammond, in an action to quiet title it is
sufficient for the plaintiff to aver that lie is the
owner of the land, and that the defendant
claims title adversely to him. 1t is not neces-
sary tor the plaintiff to aver prove the claim
OF title OF the defendant. That Is matter OF de-
Tense (27 IND, 263; so i'd, $751; II i'd, 1861
The statute requires property to be appraised at
Its falr cash value, exclusive of liens It is the
duty of the sheriff TO furnish list of sucn liens
10 the appraisers, and where the statute is not
compiled with in this respect the shPriff'S sale
will he invalid. (Sections 1872, 736, 1877, 1913 r.
- And one VINO acquires title from the judg-
ment defendant subsequent 20 such sale, there
being no adverse possession by the purchaser at
sherlffs sale ut the time Of the subsequent con-
veyance by the execution debtor. may contest
tho validity of such sale. Judgment affirmed.
NE9LIGENT FIRE-PLEADING.
10,495. William Brinkman VS.. Acam Bender.
White c. G.
Best, C.-Appellees complaint charged that
appellant earelessly and negligenty set fire
upon lands adjoining appellee's; that the fire
communicated with the premises of the appellee
and destroyed his property, concluding with the
averment that the fire was caused wholly by
appellants fault and negligence. This charge
is broad enough to impute negligence to every
thing appellant did or suffered to be done. 1876
Ind, 496; 81 i'd, 1927 And the complaint was
not bad for not alleging that appellant regll-
gently suffered the fire to escape. Judgment af-
frmed.
MISUNDERSTANDING.
1854. Town of BluIfton VS.. Matilda J. Mat
thews. Wells G. c.
Black, C-Aetion by appellee to recover dam
ages for injuries sustained by falling into an ex-
cavation III the sidewalk made by one Morgan,
who erecting building To render APP
pellaut liable it was necessary to aver lssuabe
facts of wrong on the part of appellant and
damage to tie appellee, and that the wrong
was the proximate cause of the dam
that when the appellee was injured the appel
liant was chargea0le with fault or that her injury
was caused by appellants wrongful act or omis-
sion. Judgment reversed.
1910. David Shofer VS.. Jacob Shofer ct al,
Madison G. G..
Franklin, C.-In this case appellant offered, as
a witness III his own behalf, to prove the testi-
mony of Two witnesses at a former trial. He did
not testify that he recollected the testimony of
the witnesses. given some ten years before, but
he offered To prove that they had testified as the
notes of Judge Davis, who presided at the trial,
show that they testified. This evidence was
clearly incompetent. Judgment affirmed.
APPEAL-AssIGNMENT OF ERRORS.
1857 Charles Heshiou VS.. John II. Scott,
administrator. Marion S. G.
Bicknell, g. C-Meier recovered Judgment
against Leary, who appealed to this court when
the Judgment was affirmed. This was suit by
Meters, administrator, on the appeal bond signed
by appellant as surety. The plaintiff had judg-
ment. The complaint stated facts sufficient On
appeal from he Superior Court the rulings ar a
speeIal cannot be assigned as errors.
Dusk. Pr, f27J Judgment affirmed.
EsTRAY MoNEY-sCHooL FUND.
10,514. Tippereanoe county VS.. State ex rel.
Baldwin. Tippercanoe G. G.
Howk. c. 1.-The question presented is wheth-
er the unclaimed moneys arising from the sales
of estrays belong TO the county or to the com
mon school fund OF the State. Section of the
act of Jan. Is, 1851, provides that all moneys
arising from The sale of estray animals and
property taken up adrift, as soon as the same
shall have vested absolutely in any county, shall
be transferred to the common school fund of the
county, and be ratably apportlened among the
several school districts thereof. This law has
never been repealed, either expressly or by i'm
plicatlOn, and Is still in force. The comfy
school fund is made component part of the
common school fund of the State by numerous
subsequent acts AS such fund belongs to the
common school fund of the State, the Attorney
general is the proper reator to sue for its recov
cry. (section 5,66S, r. s.; 6S Ind, l4S) Judg-
ment affirmed.
The following cases were also decided alb
stracts of which Will appear tomorrow:
John Q. A. Newsom vs.. Bartholomew county.
Bartholomew C, c. Reversed. Black, G.
Margaret Scarlett Isaiah SnodgrAss. Union
G. G. Reversed in part. Black c.
Daniel Goldsberry vs. Mary A. Gentry. Mad-
son c. c. Reversed. Best, c.
Reuben p. Main VS.. Eliza Ginthert. Harrison
G. Q. Affirmed. Niblack. J.
George Arbuckle VS.. Stephen Biederman. Vigo
G. G. Affirmed. Bicknell. G.
Superior Court.
Room No, Hon. Napoleon B. Taylor, JUICE.