The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-04-30
SUPREME CoURT-APRIL %.
HUSBANDS REAL EsTATE-RIGHTs OF SECOND
WIFE.

HUSBANDS REAL ESrATE-RIGHTS OF SECOND
WIFE
9,439. Robert McCalanrock vs., Hugh t. Fer
guson Boone @. G.
Bicknen, C.-Appellant, as the purchaser
on execution OF land owned by
ttion. The court decreed one-third of the land
in fee to Sophia Ferguson, who the second
wife, without children, of said Hugh, who had
children by former wife. This right. I'm
der the prOviso in section "a of the Statute of
Descents, which governs this case, the wife takes
a fee and not a life estate in One-third of her
husbands lands. (75 Ind, 363) Under the act
of March IL, 1875, a wife takes the same inter
est IN the land, upon the execution of the sher-
if's deed to the purchaser, that she would have
taken without the sta ute upon the death of her
husband. 100 Ind, 1881 Judgment affirmed.
CLAIM FOR STOCK KILLED-AssIGNMENT
1O,561. L., N A. e. G. Railway Company VS..
John c. Goodbar. Putnam G. c.
Woods, O. IA claim for damages for stock
killed upon a railroad, where the same is not
fenced, is assgnabe, aud the assignee may
in his own name for the damages. The action
ID not for statutory fine or penalty,
but to recover compensation for the animal
killed. There is no direct evidence in the record
that the animal was killed in Montgomery eOun-
ty, as charged in the complaint, but we cannot
say that the jury could not properly have in
ferred the fact, and there dispute.
about the matter at the trial the verdict should
not be reversed on that account. (Moody VS..
The State ex rel. Burton, 81 Ind) Judgment
affirmed.
DECEDENTs EsTATEs-UNCLAIMED SURPLUS.
1929. State ex rel, Baldwin vs. Samuel C.
Taggart. Clark c. c.
Howk, J.-Action by appellant against the
clerk of Clark Circuit Court for the recovery of
certain "noney unclaimed in estates or guar
dianship." The suit is governed by sec. 2,4l5 r.
s., 1881, which provides that If at the eXpira-
ton of two years from the final settlement OF an
estate no proof of heirship or title by will shall
have been made to the surplus, the same
shall De paid to the Treasurer OF State, etc.
Under this section, where proof of heIrship or
title by will has been made to the whole or any
ia
neither required nor authorized TO direct the
payment of such surplus in the manner provld-
ed. In this proof of heirship had been
made in every instance at the time of final set
Element, but the money had never been de-
manded OF the clerk How long such money
should be allowed to remain uncaed for in the
hands of the clerk is a question for the Legisla-
ture and not for the courts. Judgment affirmed.
COUNTY CoMNIssIoNERs-ANNUL DECISIONS.
lO,478 Commissioners of Cass County vs.
Logansporr, etc, Gravel Road Company. Cass
G. @.
Elliott. J.-At regular session Of the board of
commissioners appellee granted the
right to county highway for the purpose
of a toll-rOad. AT "a subsequent term this order
was revoked, and upon appeal to the Circuit
court, the appellee obtained Judgment vacating
all proceedings subsequent to the term when
the original order made.
Held: The second order was Illegal and void
County commissioners cannot amend or set
aside decisions made, or judgments rendered.
after the close of the term at which they were
entered. (61 Ind, rs; IA i'd, 221D A party may
secure an order declaring the invaidity of a void
judgment by appeal (22 Ind, lis; SO i'd, 175;
10 i'd, 374) Judgment affirmed.
The following cases were also decided:
10,OS7 McFadden VS.. Fritz Shelby c. G..
Affirmed. Franklin, c.
1897. Schmidt VS.. Wright Marion c. c. At
firmed. Franklin, G.