The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-09-28
THE COURT RECORD.
Supreme Court-sent. a6.

REAL ESTArE-EQUlFABLE CLAIM OF WIFE.
=, 1925. Elizabeth Ream VS.. Sarah Karnes. Miami
Franklin, Gin 1886 John Ream invested $500
real estate, taking the deed in his He
his wife and family lived upon the land for some thr-
tythree years, the title all this time remaining the
husband, who made valuable Improvements in the
cised all acts of ownership oyerit. In 1877 Ream exc
cuted note to appellee, who had notice that his
being nsolYent, Ream Decided the land to bis wife
Held; A. the time the land was purchased the common
husband by virtue of his marital relation, and as it
bought with the money, but the husband became both
the legal and equitable owner of it. "a Ind., 80
alton for the deed made to the wife AMI It was fraud
ulent as against creditors. Judgment affirmed.
CONTEsTING wILLs-LIMITATIoNs- EsToPPBL
9,si2. Arthur W. Floyd Erastus L. Floyd Shelby
Best, C:-Generally amendment to complaint
this is not SO where the amendment involves ques-
as Tue don IS Len saa
from the time the amendment is made. 90 Ind, 1871;
where no Judgment at all be rendered until
all persons benehcially interested brought into
case the action will bedeemed commenced against all
from the time it originally begun although as to
is barred by the statute of mita This question
cided in 70 Ohio St., 2os In an action to Contest
will the fact that one more of the plaintiffs is
by the will for Or him will not prevent the mainte-
nance nan r Of the action IL BY the other plain
but is a proceeding in rein instituted by persons hay
ing several interests in which, if any succeeds the
judgment inures to the benefit of all (39 Ind, 1927
Judgment reversed.
1924. Aaron Craig vs. Julia A. Craig, Hancock
Hammond, ion petition for rehearing counsel
the record But by the agreement of counsel the an
is to be considered the if properly in the
waived by agreement of parties. Petition overruled.
POS. Murza Hollingsworth Mary Stone Hem
BicknelI, C.-Itis insisted that the complaint was
insufficient and that the evidence did not support the
was involuntary and was unjustly procured, when
ss y a s and undue
fer the plaintiff, it fully SUSTAINED the complaint:
here there evidence which supports the finding it
cannot be disturbed because of conflicting testimony
(e5 Ind, 1927 Rehearing denied.
DECEDENTs Observation-Disclosures
s,Ol2. Charles P. Ferguson vs.. ex rel Mahata Ha-
hammond. lit is the duty of a commissioner ap-
after paying costs to pay the proceeds of the sale to
the persons entitled thereto under the direction of
to distribution ixes the time of payment and no de-
mand before suit is by the party entitled
70 i'd 495; 70 i'd 1866; 81 i'd, 49, complaint which
HHT ma for the Of the to
the parties entitled to receive is bad on demurrer,
Prac., haS; ~ Ind 3e7 In suit upon the bond
of such commissioner for failure to pay over the
Of its receipt by the to the date Of trial
Where an administrator is defendant n an action he
ing in the case. The statute was
enacted in the interest of estates, and the admins
traitor may waive its provisions, and not only
quire but consent to tho opposite party tesifying
For abuse Of this discretion he might possibly be
liable to creditors of the estate. Judgment af-
frmed.
COMMISSIONERS COURTs-RIGHT OF APPEAL
IO6O7. Commissioners of White County VS.. August
Kark. White G. G.
collars, J-Petition by appellee to the county COM
missOners to subscribe to the stock of certain rail
road in the name of the township. and pay therefor
with money collected for that purpose and in the
county treasury. The petition refused and on
appeal to the Circuit Court the petition granted
The right of appeal in such is not brought in
question by demurring to the petition but by motion
to dismiss the appeal. The appellee entitled to
an appeal from the board Of commissioners In
making the decision the board acted in judicial ca
pacity, and from all decisions made there
is a right of appeal. go Ind, $40: Is i'd,
544; A. i'd, 5Ol.) Where pleading has
been stricken out on motion 1t can only
| he made a part of the record by bill Of
the clerk is of no avail. al Ind 543 "a i'd, BOO
Judgment affirmed.
COMMISSIONERS sALE-JUDGMENTs-sU BRoGA-
TON.
9,Sss. Francis Dunning VS.. Samuel Seward. Switz-
erland c. G.
Franklin, CA partition suit for the division of
certain land of Mortimer Cunning, deceased,
pending and also action to enforce the lien of
tain judgments in favor of the National Bank of Ris-
ing Sun upon the land 1t agreed between the
bank and he widow and heirs of the deceased, that
and that of the proceeds of the sale, S2S should be
paid to the widow and the balance paid in satisfaction
of the Judgments. At this sale, appellee became the