The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-04-24
THE COURT RECORD.
Supreme Court-ApriI 80.
Hon. Geo. V. Howk. Chief Justice.
scHooL-ruND noRreAaE-rAx sA1E-L1El

SCHOOL FUND AoRTGAGE--TAX sALE-LIEN.
1892. Elk rel WATSON, auditor, VS.. Thos S. Jones.
Montgomery c. G.
Howk, c. J.-Appellee purchased lot at tax sale,
upon which there duly recorded mortgage to
the State to secure schoolfund loan. By sec. ~
made and sec. $40 Z. s. 1851, in force when the
tax deed executed it is provided that the title
acquired by the purchaser at such sale shall be sub
iect to all the claims which the State may have
thereon for taxes other liens membranes. +"
The tax sale and deed to the appellee did not there
fore, give him superior lien on the land to that
which the State held by virtue of its schoolfund
mortgage C74 Ind, 2421 Judgment reversed.
neutrality-suspicious.
1852. Frederick Belck VS.. Sophia Belck. Marion
&C
dressed to the sound discretion of the court, and
unless it appears that injustice has been done the
ruling will not be disturbed (61 Ind. $50 Such a
showing is not made in this In actions
for SANDER the law mputes malice where the language
is actionable per Sc and legal usti6ca-
ton is shown tTowns. Stand, sec 81 3 Sutherland
Stand 650) Where the evideneeis notn the record
instruction will not be held if proper under
any supposable state of facts. (5S Ind, 1885, 50 i'd
41l) If no excuse was shown or the charges were
made with malice, in fact the instruction complained
of right The statement that there is no legal
rule governing the amount of damages in such cases
correct. The amount is to be determined by the
jury in the exercise of wise discretion under all the
circumstances of the case disclosed by the evil
dence. The general direction to such damages
the jury think just and right without any direc-
ton to the rules of law that control cannot be ap
proved as it would seem to allow them to assess dam
ages without any limitation but according to their
own arbitrary discretion This the law does not
thorize. Towns. Sian, 289; 30 Me-, 1861 But,
the evidence not being in the record, wrong in,
struction will not authorize the reversal
of the judgment unless the instruction is erroneous
under any supposable state of facts. 90 Ind 1873
The evidence may have disclosed case of wanton in
jury and under such showing the instruction would
not have been erroneous. Judgment affirmed.
NoTARY's sEAL-PoNTING DEADLY WEAPONS.
1859. Albert LANCE The State. Pulaski, c. c.
Elliott 1.-The statute does not require that a no.
tarys seal shall state the ofthe county in which
he resides for which he appointed. The pur-
pose of the act of 1888 prohibiting from pointing
gun pistol at another, TO reach both the
wicked and the foolish And where in anger
pointed his gun at the door of anothers house aud
called for him to out that he might shoot him,
and stood for several minutes this made
der the statute The words toward any other person
mean I'm the direction Of and it makes difference
that the person at whom the gun was directed was
separated from the offender by door
right to invoke the aid of the law against who
with evil intent keeps watch the door with dead
ly weapon and insults and terrifes him. Judgment
| affirmed.
The following cases were also decided abstracts of
which will appear tomorrow.
1OO38.-Henry Martin vs. Jno. Pifer. Elkhart
c. Hammond j. Reversed.
1G73S.-Jno w. Smith VS.. Jos. Flack. Marion S.
@. Affirmed. Colerck c.
10S75.-Philo Pharmater VS.. rel. Drake. Kos
ciusAo G. O. Affirmed. Franklin c.
1O925.-Jos. r. Cushman VS. VIM. Gephart.
Wayne G. c. Reversed Franklin C.
| 11255.-W. u. Tel Co. Henry Kirkpatrick
Tippecanoe G. @. Affirmed. Bcknell, O. G.
10627.-James G. Barkley Catherine Mahan
Huntington c. G. Rehearing denied.
11260-James H. Rice VS.. VIM. H. Drapier. Ma
rion O. G. Rehearing denied