The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-10-13
SUPREME CoURT-oCT. IL,
LEAsE-sEcoNp rERM-HoLpINa ovER.

LEASE-SECOND TERM-HOLDING OVER.
1o,456. Jos. ]. Terstegge VS.. German Benevo-
lent Society. Floyd c. g.
collars, J.-AppellanG leased a hall to appellee
for I'VE years from January 1, 1874, with the
ton Of the first five years appellee, without any
new agreement, or anything being said by either
party on the SUBJECT, held another year; paying
the rent as before, and surrendered possession
on Dec. 81 of that year. Such holding over alone
must be regarded election by the appellee
to hold for the additional five years and bound
it for the payment of rent for that period. (76
Ind, 1862; Wood, L. and t., 67S; Taylor, l.. and
T., 75h ed, sec. 278l But if the tenant surren-
ders the premises and they accepted by the
Landlord the lease and all future liability under
IL are extingusheu. Il Wash r. p, 546 $40,
35Ol The evidence as to such surrender is con
hicting, but this court cannot disturb the finding
on that ground. Judgment affirmed.
ACKNOWLEDGEMENTS FRANCHISE
OTIS. Aaron Logan vs.. The ", G. & r. R. R.
Co. Decatur c. c.
Hammond, faction by appellant for tres
pass upon real estate. The answer AYERS a le-
gal appropriation of the land by the @. & Z. II.
railroad, which had executed a mortgage upon
all It's property to secure its bonds that this
mortgage was foreclOsed and the property sold
TO Tuell and that the acts constituting the tres
pass complained of were done with the leave
and license OF said Tuell by appellee in con-
structing It's railroad. The demurrer to the an
swer was correctly oYerruled. In his reply ap-
pellant attempted to state facts, showing that
under $3.50 Revised Statutes the G. & T. II.
company had forfeited all its rights and fran
chises. The only way to have such a
lation of the prosecuting attorney In the proper
court. tR. s.. sec. 1,l31-2D The reply bad
for failure to such a judicial for
fixture of its franchises. 100 Ind, 273: "a i'd ,
SOC; 10 i'd, A. 563; Pierce on Railroads, PIP. IL
12) Judgment affirmed.
CoNTRIBUToRY NEUTRALITY-SUSPICIOUS.
1882. Charles W. Gheens VS.. George Golden.
Clark G. c.
Elliott, J.-Where a complaint for damages
AYERS that the injury occurred without
any fault OF the plaintiff 1t will be sufficient
less it clearly appears from the speci-
fic facts pleaded that she plaintiff
was himself guilty of negligence. (S7 Ind, 4lO;
81 i'd, 1922 A i'd, 76) Neither affidavIts nor
instructions can be brought into the record by
Incorporating them in the motion for new
trial. 1873 Ind, 800; 70 i'd, 434.) Judgment af-
tirmed.
SHERIFF sALE-ESToPPEL
10,405. Merwin Rowe VS.. Noah j. Major. Nor
gan g. G.
Howk, J.-Appellant, as assignee of a gravel
road company brought suit to enjoin the appel
from collecting toll on said road. Appellees
answered that they purchased the road and all
its rights, privileges and franchises at sherif's
sale, upon executions against the company; that
appellant bid as q competitor at said sale against
them, and accepted the surplus OF the money
paid by them at such sale above what was neces-
sary to satisfy the Judgment under which the
sale was made
Held By their acceptance of a part of the
assignOr ratified and affirmed such sale and
257 ID ia, 400; SO Penn. ST., 349J Judgment
affi