The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-31
Supreme Court-Jan. 80.
Hon. william A. WOODS, Ohief Ju5tioe.
UDGMENT-FRAUD-CoL ATTACK.

supreme OouFt-Odus OVs
Hon. William A. Woods, Chief Justice.
JUDGMENT-FRAUD-coLL ATTACK.
9,641. Nathaniel B. Hogg VS.. James NJ. Link.
LapOrts G. G.
Black, G. 1.-The facts as found by the court in
this case show that in 1863 appellant recovered
Judgment against Rather, who, in March,
1870, became seized of the land in controversy,
and in May. 1870, conveyed the same by war
ranty deed to the appellee. In 1872, an execu-
ton Issued ON appellants Judgment was levied
on the land, and the land sold to appellant.
The court also found that appellants Judgment
was procured by fraud. This action by
the appellee to quiet his title to the land. The
circumstances under which appellants tudg-
ment was obtained constituted such fraud as
would authorize the interposltion of court OF
equity upon u direct application for that pur
pose. az Ind. 374; Is Wis, 592; freeman Judg-
ments, sec 1922 But Ruffner was not party to
TINS suit. The appellee could not complain OF the
Judgment on Ruffner's behalf, but he sought Co
protect his own interest in the land against the
appellants title derived through the sale under
his Judgment. Appellee received his convey
anee with constructive notice OF appellants
Judgment lien, and the finding does not show
that he paid anything for The land. II he paid
nothing, he took tile land subject TO the existing
lien. The burden WIS on appellee to inpeaoi.
appellants title, and upon the facts srnted he
cannot attack that title. Is Johns. Ch., SOD;
Paige, 1877; BigelOw Fraud, 1859 Judgment
reversed.
CoURrs-FINDING OF FAcTs-PRAcTICE.
$3.50. Hardy wray F. Wiley Hill. shelby
Elliott, IA court in the trial of an issue of
essentially the same in its scope and effect as
the verdict of jury. (36 Ind, 264.) That
nnd'ng OF the court cannot be vacated S e at Its
after its finding has been announce d
the plaintiff cannot dismiss his action. (56 Ind,
29S; 20 i'd, 02AJ The appellant complains of
change made in Its finding by the court after the
finding had been announced and the attorneys
had gone away. but it does not appear that any
harm was done appellant by the change, for the
Judgment is still as favorable to him as it was
before the change WAS made. Judgment af-
frmed.
1886. William b. Berndt VS.. Gertrude
Reitz, Yanderburg 8. c.
HOwk, 1.-The only question In this case is
whether there 10 sufficient evidence TO sustain
the finding of the court. This question must be-
answered in the affirmative. Judgment af-
frmed.
CRIMINAL PLEADING-LARCBNY.
10,34o. Eugene Sovine VS.. The State Allen
C. G.
NiblaclS; Jas to its material allegations an
oDtnS with Stands the o SSm se
be tested by the same ues of erimi-
nal nal ,, pleading; az Ind, 39) An infor-
form TO the affidavit upon which it is Uased. and
in this way radical defects in the information
In the affidavit, but such amendment will not lie
DENIED in this court to have been made in tho
court below. Dusk. Prac., 1919 Where the
affidavit charged felonious stealirg, hut the
information charged an 'unlawful" stealing, the
latter was insufficient on motion to quash. Il
Chltty Grim. Law, 242. MoOre's Grim. Law, eec.
reversed
sToCKFEEDERS' MISREPRESENTATION
CARE.
1857. John B. Bunnell vs.. John Davisson.
Woods, C. IA contract by which the appellee
Undertook, for specified per month, TO
keep for appellant fifty head of cattle, to put
them on stock pasture during the day and In a
pound at night provided with racks
in which TO feed straw aud To wafer, salt and
care for them. was sufficient to justify the Jury
nn0lnQ that hnRluR6R annalipR
OF feeding stock for hire, within the meaning
OF the statute giving such persons lien an the
stock so fed for their services. The averments
OF pleading must be clear and unequivoca,
but the evidence IN support thereof may be suf-
Ind, 31SD. An express stipulation to what
the appellee should do in feeding and caring for
the stock excluded the implication of the exer-
else OF reasonable care on his part in that be-
half. Judgment affirmed.
AGREED CAsE-JUDGE DE FAcTo.
0,847. Simeon Openheim va. r., c. & st. L.
Railway Company. Cass 8. G.
Section SOB of the Code refers to agreed cases.
and has no application to cases where there ia An
agreement as to the facts, The cases holding that
an exception to the finding is the proper
method OF presenting the question OF the
cases, and not to cases where the agreement is
that certain facts exist and shall he taken as
evidence. (S1 md, 497; 79 i'd, 242 IA i'd, 207;
48 Id, 1881 Where the Legislature enacts
law providing for the establishments of the office
OF city Judge or city attorney, and the NUM-
cipality adopts the provisions of the law, il is
adopted ouoe for all, and the action need not be
reaffrmed as often as the terms of Office expire.
If MoGregor was not city judge do jure lie was
such de fact0, and by submitting himself volun-
tarily IN the Jurisdiction of the court without
objection. the appellee cannot now raise the
question of the legality of McGregor's office
after the rights of Others have interviewed, (2S
Ind, 1871: IA i'd, 1872; % i'd, 493.J Petition for
rehearing overruled
The following cases we're dismissed under rule
ID. this morning:
Peter Mech ct al Vs. Benjamin F. Goodrich
ct al. Huntington q. C.
Elisha s. Babcocl1 ct al. va. Indianapolis &
Evansville Railroad Company. Vunderburg
c, G.
Leonidas Mitchell VS.. Elizabeth Hopp ct al.
Clinton G. C.
George W. Ellis ct al. vs.. George W. johnson.
johnson G.. g.
indianapolis Decatur &c Springfield Railroad