The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-10

Weaver to Indemnify him. he being surety on the
note. Golden dice and Weaver bought the mortgaged
land at administrators sale and released his mortgage
of record. Afterwards he executed "a mortgage on ths
land TO Ferguson e Snock, attorneys, who at the timo
had appellee's note in their hands for collection. This
action was by appellee TO have the Golden mort
gage foreclosed in his behalf. Appellant answered
that before the execution Of the mortgage to Ferguson
81 Smock obey inquired Of appellee whether he in
tended to claim any lien on the land by virtue of tho
Golden mortgage, and were informed chat he did not,
aud that relying upon this statement they took the
mortgage and afterwards sold 1t to appellant. who had
no notice that appellee claimed any lien on the land.
Held, The statements made by appellee to his attOr-
neys, who knew all the facts, and whose duty it was
to protect his interests, would not constitute an estop-
pei against him. They had no right to rely upon
Them. Nor was his statements based upon a consid-
Grafton, he not being Al the time informed that they
showed on its face that il secured the appellees debt
and its cancellation by Weaver without the payment
Of apPelee's debt did not distinguish the lien; This
appellant was bound to know when he bought the sub
sequent mortgage. Judgment affirmed.
LANDLORD AND TENANT-GRArN RENT.
1896. Barker Brown VS.. Benjamin Owen. Rush
collars. J.-Where a contract provided that the ten
ing time, at the machine, give the landlord one-half
the grain in bushel, the law implied that
and skill, as to time and manner, as would
mect the requirements of good husbandry, and an au-
STer by the tenant that he could not harvest all the
wheat because "i wet weather and the low and wet
character of the land, was good. 70 the charge that
he had allowed the wheat to Sprout in HE shock and
oe wasted L: was con'petent for him to show that
other crops IN the ~ lghborhood wore damaged by the
wet weather u One same manner. as tending to dis
prove neI'igence on his part. Judgment affirmed.
RAILROAD Ax-vALIDIry OF PROCEEDINGS.
1927. Emmett Il. Scott ct al. vs.. Herman Hau.
sheer. treasurer. Iaporte c. G.
Howk, c. J.-Aetion by appellants to enioin the col
lection OF a tax voted by Center township in aid Of "a
railroad. The fact that the petition prayed for an APP
preparation by the county board and not by Center
township did not render the tax invalid. The statute
should be literally construed, and it does not appear
that anybody was misled by the misstatement.
(G8 Ind. 507; 20 i'd, $50; u i'd. 1909
The election was not Illegal because the vot-
ers within the Incorporated city Of La
Porte participated in the election. Citizens of thecity
are citizens Of the township in which it is located, and
have a right to vote at township elections. 80 Ind,
40 And the property within the city, as well as
that without, was liable to be taxed for the appropria-
ton. $50 Ind. $40; "a n. J. L., 3773 When such
an appropriation has been made by township. the
railroad company acquires such an interest in it that,
upon a future consolidation with another, it will pass
to and vest in the consolidated company, whether the
company to which the aid was voted does or does not
cease to exist as a corporation, by virtue of such con-
soiidAtion. Judgment affirmed.