The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-07
THE RECORD OF THE COURTS
Supreme COurt-Jan. 8.
Hon. George V, Howk, Chief Justice.
WRONGFUL NG-owNERsHTP.

Hon. George V. Howk. Chief Justice.
WRONGFUL TAKING-owNERsHP
1O,997. David NJ. Day VS.. John r. Watts. Wa
bash G.. G.
Niblack, jim an action for carrying away
and converting personal property, it is necessary
to aver ownership in the property to entitle the
plaintiff to recover. z Saunders, IA, S79.) The
mere allegation that the property was wrong
fully and forcible taken from the plaintiff can
not be justly construed as amounting to an aver
ment that the property belonged to him Judg-
ment reversed.
FEMME COVERT - EsToPPEL - FRAUDs-LIMITA-
TIoNS.
Il, 1872. William White vs.. Emma Hamrick.
Hendricks G. G.
Howk, c. 1.-THE proviso in section SLY Of
the Revised Statutes, that married woman shall
be bound by an estoppel in pals, has no applica-
ton to acts done by her prior to the taking effect
of the statute, but only to her words and con-
duct thereafter. t22 Ind, 3d. 80 i'd, 530.) Sec
ton 292 of the Revised Statutes, which requires
actions for relief against frauds to be brought
within six years after the cause of action has
accrued, does not apply to an answer or defense
to an action; in which case the fraud may be set
up although more than six years have elapsed
since it was perpetuated.
A sheriff's certificate conveys no title to real
estate, but simply shows that if the land is not
redeemed within a year the holder may obtain a
deed For the completion Of his title the pur-
chaser requires a deed. (S4 Ind, 485; 70 i'd,
4l4.) To action for the recovery of the land
an answer SeIUllg up Ultle by virtue OF Sucn ceF-
tifcate is insufficient Judgment affirmed.
ACKNOWLEDGEMENTS AvERMENTs.
10, 755. The Pennsylvania Company VS. Frank
B. Dean. Clark c. G.
Hammond, J.-Suit by appellee, an infant, to
recover for injuries sustained in being elected
from train while in motion. Appellants mo-
ton to require the complaint to be made more
specific, by showing by what right appellee was
on the train, and to make the averments of neg
igence more specific, should have been sustained.
The complaint simply shows that appellee was
on the train when he was ordered to jump off.
Whether he was there as a passenger, an en-
ploye, trespasser would make a radical diff
ference in the liability of the appellant (103 ILL.,,
546 26 i'd. 229; 80 3D. 568; 81 i'd, Ia SO i'd, 294;
79 i'd, 1872; SO Penn St, 2l0; 90 Iowa, 428. J
It should also have been shown at what speed
the train was running, whether slow or fast, and
the approximate age of the plaintiff. The sim
pie averment of infancy conveys no adequate
idea of his ability or inability to take care of
himself. The overruling of a motion to make
more specific is an error, for which the judgment
will be reversed (57 Ind, 297; Sc i'd, $40; L
Works Prac., sec 493) Judgment reversed
1891. Adam Yost VS.. Martin Conroy. Cass
c. G.
Elliott. Jon petition for rehearing A mo-
ton to dismiss an appeal from the judgment of
the board of commissioners because of the insult
ficiency of the appeal bond is not in the record
unless made so by bill of exceptions or order Of
court f60 Ind 81: "a i'd. PIT; SIS i'd. 81: 81 i'd.
276J The record does not present the question
upon which the cross errors are based. Petition
oyerrrled.
EAsEMENT-EsToPPEL PAIs-sILENoE.
1O,s6O. John Anderson VS.. Julia A. Hubbell,
Elkhart G. c.
Elliott. j. Where the owner of adjacent lands,
with full knowledge of the height of dam, and
of the extent to which it foods his land, stands
by and sees another innocently purchase such
mill property, believing that the owner had the
lawful right to maintain the dam at such hight,
i 4l,a+f l,nI g
lawful height, such silence constitutes an equita-
BILE estoppel in an action by such landowner
against such purchaser for damages for flooding
his land. z Smiths L. G, ego; 10 Ind, 347;
Wall. 274 SO U. s., ZIG; 10 Ohio, 288.) 1t is not
necessary to the existence Of an equitable estop-
pei that there should be design to deceive or de-
fraud. 1t is sufficient if the person, by silence
or speech, have created the belief of the exist
scionabe to deny, $50 \. Y, 515; 60 i'd, 113; 80
Ind, n; 81 i'd, 1s2. Estoppels must be pleaded
with great particularly, leaving nothing to in
tendment 20 Ind, 452; 76 i'd, 39l; Y i'd, 49,
it cannot be presumed that the purchase
money for the mill was paid, and unless
paid appellant cannot be deemed to have parted
with anything of value on the faith of appellee's
conduct, The use gave a right to maintain the
dam at the original height and appellants did
wrong in increasing this height. Judgment aft
frmed.
MORTGAGE OF INSANE wIFE-DIsAFFIRNiANcE
1858 Northwestern Mutual Life Insurance
Company Quincy A. Blankenship. Owen
c. G.
Bicknell, c. C.-Where an insane wife united
with her husbandin mortgage to secure his debts,
and remained insane until her death, her heirs
could defeat the lien of the mortgage on the por-
ton of the land which descended to the wife. To
such an answer it is not good reply that the
wife was apparently sane when the mortgage was
executed or that she had not been judcially de-
cared insane; or that the mortgage contracted
in good faith and without knowledge of her in
sanity; that previous effort had been made
to disaAirm the contract; or that her relatives
binary business Nor, the wife having received
no part of the consideration for executing the
mortgage is it a good answer that she nor her
heirs have ever refunded the money paid upon
the faith of the mortgage, or placed the mort
gagee in statu quo. az Ind, 403: "a id 18l;
Storys Eq. Jur., sec. 2,278.) Judgment affirmed.