The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-08

marriage, and this is so, even where the mar
rlage was entered into by the father for the
purpose OF escaping prosecution for bastardy,
ana with the intent of DESERVING the wife after
ward. In such a case, the wife having secured
oiNurce, cahho6 maintain prosecutor lor
the maintenance ot'the child under the bastardy
act. Judgment reversed.
LANDLORD AND TENANT-REs ADJUDIcATA.
$685.. Abraham Epstein VS.. Lou Ann Green.
Dearborn C. c.
Franklin, C.-In a suit by Iandlort-@-= rent
and possession, an answer of insanity of plain
tltfs grantor is bad. as Ind, 34S0 A judgment
for rent then due and for possession is no bar TO
an action for rent accruing after such jndG uent
was rendered and for possession. (Wellss RS
Ad, sec. 276) Judgment affirmed,
JUDGMENT-ooLLATERAL ATTACK.
,,9,276. VIM. j. Krug VS.. Argus W. Davis
Woods, e. THE enforcement of a
Judgment by execution can only be
epJoned upon showing that the judgment is
VOID. rs IND, 9S; II id, 143) The allegation
that no summons issued under the seal of
the court and directed to the sheriff"a required
by law" and that no ''such" summons was ever
issued, etc. instead of alleging the facts, states
only "A legal conclusion. 60 Ind 146; 70 i'd,
lis; 70 ia, 1881 If the seal of the court was
the Judgment would not be affected by the omis-
sion. III Ind, 306; 70 i'd, 359) If the aver
ments De regarded as meaning that there was
IN fact no service the complaint is still bad for
not averring that the sheriff did not make return
showing proper service. IA IND, 290; 80 i'd,
z37; 4S i'd, 397; rs i'd 231) Judgment reversed.
HUSBAND AND wIFE-rRUsr IN REAL ESTATE.
1851. Jesse Heaton VS.. James B. White ct al.
Black, C.-In order to confirm fraud
u ul9nt conveyance by accepting , the
must know at the time of accepting the notes
that the conveyance was fraudulent The notes
OF a married woman would NOT constitute CON
sheraton for such a confirmation of a convey
ance to her. Where the wife paid the greater
part of the purchase money for land, and the
husband, after being informed of the fact, agreed
hold in fr1a fOph ar nd aft ward
they sold the land and with the proceeds of the
sale bought other land, the deed for which WAS
| taken by the husband upon an agreement to
hold 1t In trust for the wife, both parties acting
Ia good faith and without fraudulent intent, the
husband Will be regarded as holding the title In
trust Tor the wife. Judgment reversed.
sEDUCTIoN-BARGAIN AND SALE OF VIRTUE,
9,528. Blake Wilson VS.. Saberna Ellsworth.
Morris, C.-Acton by the appellee for her own
| seduction. The substantial charge is
| That the appellant wickedly, decetfully and
| wrongfully seduced the appellee under a
promise on his part to nay OFF liens on her prop
and to keep and support her, in consideration
| that she would submit her person to his desires.
1t Is alleged thar she believed and relied on these
promises, and that he failed to fulfill them thar
| they were falsely made with view to her seduc-
| ton. 1t is impossible to resist the conclusion
that appelee's real grievance was appellants
failure to fulfill his promises. The appellee
agreed TO dispose of her virtue for pecuniary
| consideration. Such n contract being immoral,
/ bh6 law Will dltOTu H6f no remedy que DdFSuln6u
/ for her virtue, and if she failed to secure the
price agreed upon, 1t is her own fault and folly
and she cannot be heard TO complain. Is Robt.,
| 1885, 70 Ind, Isl; 80 Mich, 1929 In such a case
there is no seduction "a Blkf., 1881 Judgment
reversed
PLEADING-CoNTRAcT-U
1858. Francis E. Thomson vs. Jonathan Ed
| wards. DeKalb G. C.
| Niblack, 1.-The rule that each paragraph OF
| complaint must contain good cause of action
does not go to the extent of requiring the repetl
| ton of The names of parties which have been
| previously given in full, except in the title OF
| the cause or some preceding paragraph. (2S
| Ind, 473,) The act of 1879, prohibiting non
| residents from acting as trustees IN mortgages
does not act retIospectively nor impose disablli
| ties on trustees heretofore appointed Where a
! resident of this State applied to parties in New
York for loan upon land in this State, the notes
and M ortgage executed therefor will be re
| garded as Indiana contracts, although made
payable in tine former State, and the usury laws
| OF New YORK will not apply thereto. STORY
| Conf. of Laws, sections 291, 292 and $685. Rove
Interstate Law, 4S; % Ind, 194J Judgment
| affirmed.
| 9,2l2. Lewellyn Russell Geo. w. Smith
Floyd c. c. Affirmed Black, C.