The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-29
SUPREME COURT-MARCH %.

ACKNOWLEDGEMENTS
115l5. George Powell vs.. ex rel, Hannah Salyers
HowI c 1.-The act regulating bastardy proceedings
does not in terms provide for appeal to the Su
preme Court but the proceeding is civil suit and IS
governed by the civil code IN al respects not proyd
ed for by the bastardy act. al Ind $40; Do i'd,
51J Appeals in such cases therefore governed by
the civil code and the fact that the appellant prayed
an appeal in term time which he did not perfect by
filing the requisite bond did not preclude him from
afterwards taking his appeal in either of the two
modes provided in section GAO r. s., 1881. The
appellant affidavit for a continuance complied with
all the statutory requirements and entitled him to the
continuance prayed for. Judgment reversed.
CITIEs-GIFr OF CORPORATE PROPERTY.
! $3.50 City of Terre Haute VS.. Terre Haute Water.
| works. Nigo c. c.
Elliott J. A municipal corporation may sell stock
taken by it in private corporation. The right to sell
property not held for public purpose IS an incidental
power inherent in all corporations, public or private,
| unless withheld by the law under which they were
organized (51 Ind, 900; Dill. Nun. Corp; Sd ed,
500 There is provision in the laws under which
! appellant and appellee incorporated, which pro
hbt the sale of stock held by the city in the water
! works company. The second paragraph of the com
plant that the 500 900 Of stock subscribed by
the city donated to the appellee. The officers
of municipal corporation have right to make gifts
OF corporate property They occupy positions OF trust
requiring of them fidelity the municipal interests.
The gravamen of the complaint is the breach OF duty
in bestowing gift OF corporate property upon one
who had full know ledge Of all the facts The com
| plant good. Judgment reversed.
ADMINISTRATORS SALE OF REAL EsTATE-L1ENs.
1858. Elk rel. Margaret Sparrow Jerome I.
| Kelso ct al. Knox c. c.
Hammond J.-One who purchases land at ad,
illustrators sale, subject to liens, the amount of
which is deducted from the purchase price assumes
the payment of such liens whether it is so stated in
his deed whether bond is taken from him therefor
not His agreement to pay the liens though not in
writing is enforcible. (23 Ind, 500 40 i'd 124 43
i'd 315; So id. co. 1t is the duty of the admins
traitor pay off membranes out of the personally
by sale of wothirds Of the land to free the
widows interest from liens created in the lifetime of
her husband. (21 Ind, III 80 i'd, IA; 40 i'd,
114.) Where real estate assigned to a widow is in
numbered by mortgage also covering land sold sub
ject to the whole mortgage the failure of the pur-
chaser to pay the mortgage debt gives the widow a
right of action against him and she cannot the adj
mnistrator for failure to take bond from such pur
chaser without showing the latters Insolvency. q
Ind. L. NJ 171l The final report of the administra-
tor until set aside for mistake fraud is bar to
action by the widow for using money received from
the sale Of land the payment of general debts of the
estate instead of applying it to the discharge of liens
the land assigned to her az Ind, 49, 48 i'd 391;
| "a i'd, 327) Judgment affirmed.
1885. Millikn ct al. vs. Temple. Tippecanoe G.
| G. Rehearng denied.
! 1926. Aiken vs. Using. Vanderburg S. c. Re-
! hearing denied