The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-15
THE COURT RECORD,
Supreme COurt-March Il.


Hon. Geo V. Howk. Chief Justice.
JUDGMENT-sHERIFF'S sALE-MoBTGACED PROP
ERTY.
1854. Harvey Kerr Hiram A. Haverstick.
Marion S. c.
Howk c. IA Judgment rendered on the tenth day
after the date Of service of process is valid. as
Ind 1927 Where real estate to the value of st, 400
but mortgaged for $1,000 is sold by the sheriff sub
iect to the gage for So the sale will not be set
frned.
NEUTRALITY-SUSPICIOUS. GUARDS
1882. Whitewater Railway Company Sam
ue Bridget. Wayne c. c.
Biclnell C.C.-A demurrer assigning for cause want
of sufficient facts presents question to the juris
dicton Of the court the subject matter (52 Ind
5O5.l 1t is the duty of railroads to maintain cattle
guards at the crossings of all highways and if ami
NAL comes upon the track from highway because OF
insufficient cattle guards the railroad is liable for all
injuries to such animals caused by Its trains. az
Ind. $50; 80 id, 567i "A i'd, 1865 81 i'd, $3.50
Judgment affirmed.
Observation-Disclosures NIIND-ADMIssIoN OF LEG
ATEE
10615. Layina Shorb ct al. VS.. Susanah Brubaker
ct al. kosciuskO G.. G.
Hammond, J.-Action by appellants heirs of
Jacob Brubaker, TO set aside the will the ground
that deceased of unsound mind when he executed
it, ii shown that at the time of making the will
the testator expressed the opinion that appellants had
m1sused and mstreated him, and appellants testified
that they had never misused mstreated him. This
evidence too intangible for judicial cognizance.
An act which in the opinion of person, might be
regarded misuse mistreatment might, in the
judgment of another be esteemed harmless, in
deed as token of affection friendship. Had the
testator given any fact which, if true would have
been fragrant breach of flial duty the part of
appellants and had it been shown that this fact had
no existence except in the imagination of the
testatol, it would have been right TO charge
that such evidence proper to be consid-
cred in determining the testators metal capacity.
1t was proposed TO prove that one of the lepatees
made admissions before the death of the estator that
he was OF unsound mind when the will executed.
Appellants attack against the entire will and in
1 fhao 1 =
ceived as evidence against the validity of the will
t67 Ind, $50; SO i'd, 262.) Judgment affirmed.
NORTHUMBERLAND
1O967: Hannah E Glasscock vs. James A. Glass
cock. Warren G. G.
Colerick, C-Under sec. 1910. R. s.. the court, in
divorce cases considers all the evidence given.
CARELESS of which party introduced it. and determines
therefrom which one if either of the parties is en-
titled to the divorce and renders decree according
" Where the evidence offered by the petitioner is
insufficient to authorize decree in his favor, but is
sufficient to Justify decree to the sscoEnplanant
is proper for the court to award the latter decree
The court is not bound to grant almony in every
but is governed by the facts in each t25 Ind,
ISL Where there is no evidence at all on the sub
leet OF alhnony there is in not awarding
Judgment affirmed.
BANKRUPT EsTATEs-JURIsDICTIoN OF STATE
COUNTS.
1924 and 10945 Gideon w. Leavey VS.. Lewis
Naples. Allen S. G.
Franklin C.-Appelant, as assignee in bankruptcy
OF Bowser, sued appellees two promissory notes
executed 10 the bankrupt demurrer, alleging that
the State court had jurisdiction of the subectmat-
ter, sustained. Although there is some conflict of
authority the subject outside of this State the
question can no longer be considered open in
Indiana. In SO Ind, 5O2 it was expressly held that
the State courts possessed such jurisdiction unless
directed by the court having charge of the estate of
the bankrupt; t54 Ind, 339; AZ i'd. 81 IS i'd, 800
Judgment affirmed.
The following cases were also decided abstracts of
which will appear hereafter
Preston Conway VS.. Chas. Ascherman. Ohio c. C.
Reversed. Elliott, J.
Margaret Tompkins VS. VIM. Smith. Warren c. c..
Affirmed. Best G.
John P. Dunn VS.. Harriet Stevens Wells C. C.
Affirmed. Black, C.
Jno. R. Hanna VS.. Lewis W. Collins. Grant c. c..
Bicknell G. G.
Richard N. Jones vs. Elizabeth Cloud. Ohio G. C.
Rehearing denied
Geo. Arbuckle vs. Stephen Brakeman. vigo c. C..
Rehearing denied
State VS. W. R. Allen. Wells c. c. Motion to dis.
miss oNerrnled.