The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-18
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. Is.
Hon. Geo. V. Howk. Chief Justice.

REDEMPTION-COLORABLE RIGHT.
1920. christopher Carver ct al. VS.. John ".
| Howard. Switzerland c. c.
Black, C.-Harrs obtained n Judgment against
Carver, and mad his land sold on execution. APP
pellee, having a junior lud gment against Carver,
redeemed from Harris's sale and afterwards an
pellees Judgment was reversed by the Supreme
Court He obtained second Judgment bu5 not
until other creditors of Carver had obtained
judgments against HIM. Appellee filed tins
action, making all Interested parties to the suit,
and asking that a sherl1f's deed for the ptOperty
be made to him, or If that could not be done,
that the land be sold under the Harris jud gnsnt
Tor the repayment of his redemption money, ana
this relief was granted. Held: In mis- payment
or the redemption money, appellee was not
volunteer. He made the payment under at least
colorado right, III order TO protect his claim.
If there was no redemption, Harris is still the
owner of the certificate of sale, and is entitled
TO deed hereunder, unless the
appellee Is the equitable assignee of Harris. go
ina, 1879 The relief which appellee obtained
is more favorable to Carver and tho bank than
would be permission 10 the appellee to proceed
| as redemptioner under the statute of 1879.
The appellants have therefore, no right to COM
plain that the appellee did not proceed in strict
compliance with the statute Judgment
affirmed
UDGMEYT-AssIG NMENT-NoTICE.
10,ss7. James Johnson vs. Amona Lodge, etc
Grant G. G.
Best C.-Appellant, as indorsee, sued on
note executed by appeliee to one Horne. Appel
lee proved by way of set-otf the assignment to
IT OF part OF Judgment against Horne before
notice of the assignment of the note TO appellant.
Inc assignment OF the Judgment not made
py the Plaintiffs therein, but by portion of the
defendants, and in order TO make their assign
ment good 1t was necessary to show that they
hao pald the Judgment sureiies. This will
not be inferred from the mere assignment of
the Judgment. and aside from this there was
no evidence of such payment 1t is
not necessary that notice of the assignment OF a
note be given to the maker by the assignee. II
ne knows That the note has been transferred, IL
the information. Thereafter he is precluded
from acquiring rs against the assignee any set
on. (l3 Mass, 304; IL B. Mon, 2ll; 8 Ind, ll9D
Judgment reversed.
TAX IN AID OF RAILRoADs-voID ELECTIONS.
10,655. Elk rel. sigler VS.. Commissioners Mad
ison county. Madison c. C.
Blckneii, g. C-fn an action by a resident tax
payer for mandate to compel the county board
to levy tax voted in aid of a railroad, the State
is merely nominal party, and a demurrerto the
answer IN the name of the relator is not a fatal
informally. The answer in this case showed
that no election was held in one of the precincts
OF the townships at the time the tax was voted.
IN sueh cases the statute must be strictly COM
pned With. In this case there was no proper
election, as required by law, and the demurrer
to the answer was rightly Overruled. Judgment
affirmed
LEGALIZING ACKNOWLEDGEMENTS
1857 VIM Kelley, treasurer, VS.. ex rel First
National Bank. Clinton g. 9.
Howk, c. Jon March 10, 1879 the Legisla-
ture passed act legalizing the acts of the com
mssioners of Clinton county IN purchasing the
fair grounds and directing the auditor to issue
a warrant on the treasury for the purchase
ton has often been recognized. Us Ind, 25S;
SO i'd. 1863; sc i'd, 100: So i'd, 17) The statute
is not in conflict with any provision of the con-
stitution. 1t is for the Legislature alone to
judge whether law on any given subject not
enumerated in section % article 4 can ne made
applicable TO the whole State. (29 IND, 400;
80 i'd, 225; 46 i'd 355) Judgment affirmed.
RAILROAD Observation-Disclosures.
10,S91 VIM. Hilton VS.. John W. Mason. Jay
C,
iOiu the pollpctIOu of "A "A voted Of q
road, enumerating several distinct specifica |
tlons why the tax should be enjoned. In |
to each specific separately. (69 Ind, 324 |
90 ID. 49l; so i'd, AZ IN such cases every de- |
ton before the board of commissioners
must be made there on an appeal or the parties |
are. estopped to make 1t IN collateral attack |
~ Ind. 800; "a i'd, 40, 400; 20 i'd, 500, 469
80 i'd, Ia Ali the matters alleged in the va |
rous specifications could have been presented !
before the commissioners. The evidence tends |
strongly TO show that the road was in a cOnd- !
ton in which aid might legally be voted to it, |
Judgment affirmed.
OBSERVATION-DISCLOSURES DESCRIPTION.
9,746. College Corner Gravel Road Company |
vs. Ray Moss. Union c. G..
Black, C.-Action by appellee to recover pos |
session of real estate. The most complete de- |
complaint was this: ABOUT one-fourth Of an |
acre of land situated in the northeast corner of |
secTion 25. township II. range west in Union |
county, Indiana, being the same parcel now in |
possession of the defendant and enclosed |
and used as q toll-gate and garden and |
dollhouse" A motion in arrest will |
lie when the description in the
complaint is not sufficient to enable the sheriff
to verify with exactness the property to be de- |
livered. The fact that part of the land was |
used for toll gate and garden, and was en-
closed ana in possession of the defendant. did |
not indicate the shape or exact quantity of the |
land to the court (65 Ind, 367; SO i'd, 246; 16 |
Pick, 215; So ILL.,, 81 Is Wis, 447) The sheriff |
could not, under such description, deliver the |
land without the exercise of arbitrary discre- |
ton. 1t is not contemp plated by law that the |
rights of parties after Judgment shall depend |
upon the dscre ton of the sheriff who, in the |
execution of the writ, performs merely minis |
terial function. A long array of cases is re- |
viewed and discussed illustrating the conclu- |
sions of the court. Judgment reversed.
Superior Court.
Poom No I-Hon. NAPOLEON B. TAYLOR Tudoe