The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-19
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.

Boone G. G.
Hammond, J-Appellant, by appointment
filed out unexpired term as recorder OF Boone
co unity, and made claim for services in making
two general indexes of deeds and mortgages
which had been recorded by his predecessor In
office, who had failed TO make the ind OF
them. Sections 1898 and $3.50, r. So should
be held as continuing in force ana applying 10
any case where a recorder may find that any OF
his predecessors have failed to make or keep up
the complete indexes mentioned, and In such
he is not only authorized but required to
make them. 1t il the recorders duty to keep NJ
The general indexes of instruments recorded ny
him without extra compensation. az lnd, ~
But for making the indexes for instruments re-
corded by his predecessors he is entitled TO M .
teen cents for each hundred words. judgment
reversed.
INVALID sHERIIF's sALE-LIEN OF PURCHASER
$500. Samuel W. Short VS.. Francis A. Sears
Law renee G. @.
Elliott, IA purchasera at sherifFs sale VIII o
buys in good faith and pays money which goes
to the discharge ola Judgment lien on the de-
PENDANTS land is entitled, if the sale Is held IN
valid, to be subrogated to tn lien of The Judg-
ment creditor on the land and to have the same
enforced by the sale of the land. Is Ind, 49,;
Gid, l; 26 ill.,. 49, 50 i'd, 22l; 81 i'd, 264 %
i'd, l49; 70 To-, 560 Besides this general equity
principle, the statute declares in very broad
terms this general rule. tR. s., 1,OS4) AS tn
statute is a emedIal one it ought to be literally
construed, Judgme MT affirmed.
NOTE - EXTENSION OF TIME - CONSIDERATION.
1O,264 d. W Coffin ct al. VS.. Indiana Asbury
University. Marion s. G.
-46-EE c. J.-B. 81 s. Coffin were owing appel
7eesSo.Vao past due, which was partially secured
~ aUrusJ deed for the benefit of their creditors
They asked for ar extentien OF time and as an
additional security gave note for $1,000 signed
by them as principals, and hyiappellants rs sure
{le n:,oD due in 9ne Held ve Ine e AZ
to the sum OF $1,Uuu I'D a su ficient
consideration OF the note - 90 Gi.,; MAMMALS
ana this being so, the consideration was neces-
sarily sufficient as 10 the sureties. Judgment
affirmed.
SURETY OF PEAcE-RIGHT OF JURY.
10,907. Ivan Arnold VS.. The State. Porter
&C
Elliott, Jon petition for rehearing. The
provision that the jury are the exclusive judges
of the Law and evidence applies only to criminal
cases There can be no criminal case where
there is no crime. In surety of the peace cases
there is no crime, because no act is committed
which the law regards as crime. In a limited
sense, the proceeding is IA criminal prosecution,
and to matters of practice the rules of Grim
inal, rather than civil, procedure apply. But
it is not a criminal case within the meaning of
the constitution.
GUARDIAN AND wARD-AssIGNMENT BY WARD.
9,O26. James B. McFadden VS.. Daniel L. Will
son. Shelby C. C.
collars, J.-Davis was the guardian of Hill
yer, who was OF age, and to whom he owed
S245. Hillyer assigned. in writing, $50 OF
the money due him to the appellees On
the same day he made such assignment, Davis
prepared his final report and receipt for the
money to he signed nv Hillyer. and being called
away, left them with appellant, his attorney. TO
he filed IN court. While the money was in the
'Hillyers order and claimed the $3.50. Hiyer
was present and objected TO the payment OF any
more than $50 on the claim, which appellee re-
fused to receive Subsequently Hillyer de
manded the whole sum from appellant, who
paid it to him without appellees' knowledge,
ana this action was brought by them against
appellant for the sum assigned to them, An &C
ZION for money had and received was proper in
such case. "A Waves Ac. aud Def, 469 Al,
47:}; 81 Ind, 141; z i'd, So The money in the
hands of Davis belonged to Hillyer, who, being
OF age, was Immediately entitled to it, Hillyer
could make q partial assignment of the
fund, upon which Davis would be liable
whether he consented to the assignment or not.
STORY Ed, 10. A; 81 Ind. POI; rs i'd, 429)
Upon the execution of the assignment, appellees,
instead of Hlllyer, became equitably entitled to
the portion assigned as against both Hillyer and
appellant, who stood in the place of Davis. The
written assignment could not be Overthrown by
Hillyer's oral objections. Judgment affirmed
STREET OBSERVATION-DISCLOSURES.
10,569. James Goring VS.. James McTaggart.
Cass q. c.
Elliott, IA contractor cannot improve mere
patches of a street and then recover upon the
ground that he has done work of value. The law
means that the entire line of the street shall be
improved. The complaint shows that no esGi-
mate issued could legally have been is
sued; that none was even ordered. az Ind. 175.)
A. sale may be enjOined even though If 1t were
made it would be utterly void. Even void sale
may give color Of title, and against such result
property owner may be protected by injunc-
ton. (25 Ind 28l; 33 i'd, 443) Petition for
rehearing OveFrHled.