The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-06-26
THE COURT RECORD.
Supreme COurt-June rs.
Hon. Byron X. Elliot. Chief Justice.
sHER1TF's sALEs-pUBLIcATIoN OF NOTICE

Hon. Byron IL. Elbot, Chlet justice
sHERIFFs NEUTRALITY-SUSPICIOUS. OF NOTICE.
11484. John F, Hill VS.. John T. Presley Marion.
Bicknell G. Capitalization in case of sheriffs
sales is governed by Section 757 R. S., and not by
Sec. 1880, and where the first publication made
JAN "a and the third Feb. z, and the sale was
made Feb A. the notice sufficient Where
notice is to be given either by service or by ppbea
en the notice begins to operate on the day OF the
first publication, and If the publication has been in
operation for three weeks successfully next before
templated by the statute. (56 Ind 253; 50 i'd, 466;
As i'd, 81 Judgment affirmed
REPLEvIE- OBSERVATION-DISCLOSURES.
1874. Levi n. Newcomer VS.. VIM. Alexander.
Hamilton, G. G..
Franklin, C.-Appelee sued to recover possession
of personal property alleging that it had been sold
execution and that he entitled to hold theprop
erty exempt and had filed schedule with the sheriff
which disregarded etc. This complaint was bad
for failure to show that the Judgment which the
eeution issued for debt growing out Of contract
There is presumption of this kind in his favor and
before he can be entitled to the exemption he must
show within the statute. (S7 Ind, 1861 Nor
does the complaint show that the schedule rendered
such the statute requires. The demurrer to the
should have been sustained to the complaint.
Judgment reversed.
COUNTY OBSERVATION-DISCLOSURES OF OFFICE.
1926. Commissioners Greene county vs.. Samuel
W. Axtell. Green 9. c.
Best C.-The only statute requiring county commits
sioners to furnish offices is Sec 5748 r. S., and this
only requires Offices to be furnished to the clerk
corder auditor and treasurer. They not required
to furnish the county superintendent Office. But
even if this duty rested on them in the absence of
contract the superintendent could not his Of
fee and recover payment therefor from the county.
He cannot treat the of his property by himself as
an acceptance OF suen use ~ tns county ana oeD 81
uuf ~ 20. ~ 30 ;Pla +"ot; an+ JS,ent
reversed.
Lease p0s'SH LIZ "i''i w Ap'p'S
1890 Andrew J. Cunningham Miranda Bax-
ley ct al. Harrison G. G.
Beknsll c. C.-Action by appelleeS, the widow
and heirs OF William APplegate to recover possession
of land alleging that Sarah APplegatee Owned lite
occupy it until her death in consideration OF his build
ing house and barn planting an orchard and paying
her fixed yearly rent This he did until his death,
which was during the lifetime Of said Sarah This
agreement amounted to Lease OF the land until Sa-
rahs death such lease is chattel interest, and
does not descend to the hers bat goes TO the executor
or administrator who alone can MAINTAIN suit tor
Ion AZ Ind 4s2I There was p6 csIse If acton
in favor of the plaintiffs. Judgment reversed
RR1RERy-coysp1RA oy-coNTrNrrA NcE-pRAc
TIcp
1870. Alex ShlreIH vs. the state, Martin g. 9,
collars J,-Thls was prosecution Tor consplrng to
oribe township trustee 70 employ Edward ogonnor
tee to retain for his own use $oo OF the wages of
OConnor The indictment is based on Sections 2l39
and zoos r. s. 1t is not necessary that the treasons
agreed upon to influence the officer shall be such as
may be enforced as legal contract nor that the OBJ
ieet Of the conspiracy should be eonsnnmated. (79
the public service and hence it made CRIME to CON
not part of the record on appeal to this court unless
made so by bill OF exceptions. 20 Ind OIL Oh i'd,
413) Judgment affirmed
RAILRoADs-DUTY TO FENCE INTERRoGA-
TORIES
,a-oo u O.
1872, Wabash -; \: g + halirosd Company
VS.; samuel Fretts; Dehalo y, y.
Elliott - J.-Hpere STOCK is KILLED on railroad
the place OF entry is the maternal question Ii AM,
mails enter at place where the company was bound
20 fence ~ Is taes' s4ehoug9 tAey were killed Mnsre
the company was Under no duty to fence (l2 Ind
t9S 80 aeI 419i % a. N{f2 Hhsfs eai1te euaA5as
are necessary to keep animals from the track it is the
duty or the company to construct them anless
suheient reason snowh eHsuslnR performance OF
the duty Asl Ind, 523 "a i'd, 1862 There was no
erroran refusing 70 SUBMIT IerrogatofeS presented
after argument had commenced and which the opp9s
ing counsel had no opportunity 70 see unnI after the
| conclusion OF his argument toz Ind, 2S9)' Judg
ment afnrmea'
aRASroB AND NEUTRALITY-SUSPICIOUS. OF MORT
GAGE DEBT.
roh,son w. N-''' '' 'eO' '" ''ii''''h'
Black Cit is well settled that a grantee of real