The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-02-01

The following cases were decided on Thursday, Jan.
| 81.
PATENT MACHINES - REPRESENTATIONS OF
VALUE.
1876. VIM. B. McComas VS.. Jacob Haas. Mont
| gomery G. G.
Howl c. J.-Appellant as assignee of note sued
appellee maker. The third paragraph of answer
averred that the note given to Bryant for hay
carriers and forks and that Bryant falsely and fraud
ulenty represented that said haycarrers and forks
of great value and utility in stacking and moving
hay, moving grain, raising dirt from we'll and a
large scope of other work. Representations as to the
value and utility of machine, however false and
aggeraed are matters of opinion upon which the
purchaser relies at his peril "a Blkf 81; i'd, 572;
43 i'd 49, II i'd, 363) The court erred in overrul-
ing the demurrer to the The overruling of a
demurrer to bad answer is error for which the
judgment will be reversed. 90 Ind, 1922 Judg-
ment reversed.
HOUSE OF ILL-FAME-INDICTMENT
11439 Thomas Belts ct al VS.. The State. Elk
hart @. G.
Nblack, 1.-The phrase house of ill-fame as used
in section 1894, r. s.. means a bawdy house, kept
for the resort and unlawful commerce of lewd people
of both sexes, and has, therefore weldefned legal
well as generally accepted meaning. (64 Me-. 523;
BOW Law Dic) The use of the phrase in an ndict-
ment is sufficient Evidence of 1.-THE general reputa-
tom of such house by persons acquainted there
with is properly admissible the trial Of those keep
ing it on prosecution under section 1894 Moore
CIR L., section 1912; 20 Wis, 435.) Judgment af-
frmed.
CoNTRACT-PART RFoRMANcE-JUDGMENT ON
CONFESSION.
1869 James Coe vs. Franklin NJ. johnson Allen
G. G.
Elliott, J.-Appellees' complaint alleged that they
orally agreed to sell saw-il to appellant the title
to which not to pass until full performance
of the contract by appellant, and that he failed
to perform. Answer, that appellant acquired
title by taking possession under the contract and pay
ing part of the purchase money. Even conceding
that the property real estate, this answer was
bad for it did rot deny the allegation that title was
not to pass until full payment After sustaining de-
to this answer the court gave Judgment to the
plaintiff, while the general denial filed by the defend
ant still in the record. This clearly errone
Gus and the assignment that the erred in rem
derng judgment against appellant the demurrer to
the second paragraph Of his answer is sufficient to
present the question of such Judgment re-
versed.
1O937. VIM. Pennington VS.. Benjamin Flock, ir
Harrison c. c.
Hammond J.-Hurst conveyed land to Pennington
and several years afterward the land was sold
execution against Hurst his land. and
deed executed by the sheriff to the APP
pellee, who sued to recover possession. 1t
is alleged that the deed from Hurst Pennington was
fraudulent 1t devolved upon appellee to show that
when Hurst made the conveyance to Pennington he
did not have enough other property subject to exec
ton to pay his debts and also that when the execution
levied on the land property in Hursts name
be found. (53 Ind, 6; 65 i'd, rs; 70 i'd 81 - i'd
472 n i'd. 251.) On these points there was total
failure of evidence. In such the grantor's in
solveRcy is primary and essential element to estab
lish fraudulent conveyance and unless it is shown
other circumstances which, with such insolvency
would be regarded as badges of fraud cannot be held
sufficient to avoid the conveyance in the interest of
creditors. Where the facts show that the claimant
has title and he knows the facts he cannot acquire
title by adverse possession. GA Ind SD Judg
ment reversed.