The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-30
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.

VENDORS LIEN-EvIDENcE.

Hon. william A. Woods, Chief Justice.
VENDORS LrEN-EvGDENcE.
9,417 Henderson Conlee VS.. John Conlee.
Harrison G.. G.
Woods, c. 1.-THE action was to enforce
vendors lien, and the only question presented
is whether the verdict is contrary to the evil
dence.
Appellant sold certain land to Isaac Coulee
for $500, and before the deed made Isaac
agreed to convey one-half the land to John Con
lee, the price thereof TO be paid to appellant.
This was done, and appellant agreed to look to
John for the price of SAID land. This evidence
tends to show that the money for this
part of the land was paid, but to the part re-
tanned by Isaac, appellant retained vendors
lien thereon, which can be enforced against his
widow and children, and as TO this part the judg-
ment Is reversed.
FRAUDULENT NvEYANCE-PARTNERsHIP PROP
1854 VIM. E. Barkley VS.. Harvey Tapp. Hen
bricks C. C.
Elliott, I.-Appellant and appellee had been
partners in business, and the latter SOLD his
interest in the firm to Thompson After
wards appellant traded his interest
veyed to his father. The snit was to set aside
this conveyance as fraudulent. Held: Appellee
did not have any lien upon the goods after the
sale of his interest to Thompson, but was merely
a general creditor for the balance due him 1872
n. Y, rs; Cush., 555; Story Part, Sec 35s) By
selling his interest the retiring partner strips
himself of the character which gave him an
equitable lien on the partnership property. AS
such general creditor of his former partner he
cOulu MAINTAIN an acJlOD TO SET aSlu6 u lFduuu-
lent conveyance. 1t Is not necessary in such an
action to set forth a copy of the deed sought to
be set aside, (77 Ind, 500 The finding cannot
be sustained on the ground that the conveyance
was a voluntary one and made for a fraudulent
purpose, but it was not shown that at the time it
was made the grantor was insolvent. Subsequent
insolvency Will not give the deed IA fraudulent
character. (76 Ind, $780, SO i'd, ST. 81 i'd, 57S.)
Judgment reversed
PRAeTIcE-JoINT PLEAS AND ASSIGNMENTS OF
ERRORS.
1887 Peter Feeney vs.. John B. Mazelin.
Marion C. q.
Morris, C-To suit on a note the defendants
HeshiOn and Casserly Jointly answered that the
note had been altered after its execution. The
answer was verified by Heshion alone Held :
AS to Casserly tho answer admitted the cause OF
action alleged in the complaint and had no other
effect than to require the production of the note
on the trial. The reply, therefore, which averred
that Heshion, with full knowledge of all the
facts alleged in the answer, ratified the note as
altered, and for a valuable consideration agreed
with the maker to pay it, was good reply.
Where joint motion for new trial is not good
as to one of the parties, it should be overruled.
error cannot be sustained unless it is well as
signed as TO ALL go Ind, 20S0 Judgment at
frmed,
NEUTRALITY-SUSPICIOUS. TO PAY DEBT.
IO,211 George Hubbard vs. Lewis Farrell.
Bartholomew c. G.
Black, C.-The question is whether certain
words used by BANKRUPT amounted to prom
ise to pay pre-eXisting debt, so as to revive it
against his estate. The words were In substance
that there were but two men on his paper, nam
ing them, and that he wanted witness to go and
tell one of them that he intended to pay him,
not specifying, however, the particular paper
which he referred to. If the words used were
capable of being construed PROMISE it was
for the court sitting as jury, to determine
whether by the words the bankrupt intended TO
promise to pay the debt. q Cush., 462; R. l.,
1922 No precise form of words is required to
make new promise. declaration by the
bankrupt that he is able and willing to pay the
debt amounts TO an express promise to pay it.
| r /
Jury might not have found an express promise
from the words used, under proper instructions
from the court. Judgment affirmed.
OFFER TO CONFESS JUDGMENT-cosrs.
9,902, John A. Keller VS.. Lucretia Allen.
Franklin, C.-where a written offer to confess
| Judgment is filed in open court in the presence
OF the attorney of the opposite party, who had
previously been verbally notified that such ali
offer would he filed. the notice to the adverse
| party is sufficient And when the offer is re-
| fused at the time of service. and no acceptance
made within the next five days. no question can
| arise as to any costs that might have accrued
within that time, for the statute prescribes that
If the plaintiff shall not obtain more favorable
Judgment the defendant shall recover the costs
accruing subsequent to the time of the offer
| (See Is Ind, 81; 1873; 50 i'd, 202J Judgment
reversed.
BILL OF ExcEPTIoNs-oMITTED DOCUMENTS.
9,249. Corydon Sinner VS.. Butler University
Marion s. G.
Blcknell, C--Although the hill of ex-
all the evidence given in the
case, it atirmatively appears that certain papers
which were read to the jury are not contained in
the bill, the places where they should appear
being left blank. Where this is the case this
court will not reverse the judgment upon any
question depending upon the sutieieney of the
evidence. 80 Ind, 227. 70 i'd, 41) But II the
bill could be regarded as perfect, all the material
questions in the case were decided in Moore vs.
Butler University, decided Oct, 10, 1882. Judg-
ment affirmed.
APPEAL-FAILURE TO FILE BRIEF.
1O,323. George Sagasser VS.. Lewis Wynn.
Cass G. G.
Howk J-Where the appellant fails to file
the cause, but afterward, and before the APP
pellee has filed a motion to dismiss the appeal,
the appellant files his brief, the appeal may still
he dsmissed motion of the appellee 10
Ind, 2S7.) Appeal dismissed.
The following cases also decided:
10,330. Cooper Robertson. Dearborn C.
g. Affirmed. Best, G.
1928. Gregg National Bank. Union G. G.
Affirmed. Black, @,
1912. Schultz VS.. Keener. Dearborn c. C.
Affirmed. Morris, C.
1924. Peck Tippecanoe county. Tppe-
canoe C. @, Affirmed. Howk, j.
1884. Thompson VS.. Ross White c. c. At
firmed Best, G.
9,S62. Evans VS.. Nealis Boone G. G. At
firmed Franklin, c.
$3.50 Pheffer VS.. Crane. Jackson C. G, APP
peal dismissed Bicknell, C.
8,647. Hays VS.. Morgan. Dearborn c. G. Re-
hearing denied. FRANKLIN G.
Superior Court
Room No l-Hon, Napoleon b. Taylor, Judge