The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-11
THE RECORD OF THE COURTS
Supreme Court-Jan. 8.

BORROWED NfONEY-LIABTLITY OF SCHOOL TOWN
SHIP.
102Ss. Union School Township vs. First Ma
tional Bank etc Montgomery c.. c.
Franklin. C.-The trustee of a school town
ship has no power to borrow money. but for
money borrowed and actually used for the bene
fit OF the townshipin a Legitimate way the town
ship may be held liable (73 Ind SOL 10 i'd. 3Gl.)
The money in this was borrowed of the
bank for the use of the school township and was
actually used in paying teachers and other legiti
mate purposes, and the note Of the township
given to the bank therefor by the trustee
Upon the facts found appelle had right to re-
cover Judgment affirmed.
ADMINISTRATOR - ATTACHMENT JUDGMENT
AGAINST HEIR
1868 Andrew W. Simonds VS.. Abraham
Harris Wayne, c. c.
Hammond. Where a testator devises his
real estate to his widow during life and at her
death to be sold and the proceeds divided among
his children, upon the death of the testator
the land vests in the children subject to
the widows life estate and the executors duty to
sell. 70 Ind, H. The interest of the heir in
such lands is liable to be sold under
execution against him. Section 1872 r, s.;
10 Ind, lO1.) The purchaser obtains the inter
est OF the heir and ON a sale of the land by the
executor the latter is bound to pay the share Of
the heir in the proceeds to such purchaser. The
records of the court are notice to him of the
rights of such purchaser. Executors and admin
lstlatofs are subject to garnishment at the suit
money or shares in action III their hands. (Sec.
942, r. s. The unasceltained distributive shares
of adecedents estate in the hands of the executor
are effects liable to the process of garnishment.
u Ind, 81. Judgment reversed.
sHERIFF's sALE-PRoPERTY EXEMPT FROM Ex-
ECUTIoN.
10627 James c. Barley ct al VS.. Catherine
Nathan. Huntington c. c.
Coerick, C.-In an action to set aside
sheriff sale of real estate an averment that the
sheriff caused the same to be appraised and set it
of to the plaintiff as exempt from execution. suf
ficiently shows that the debt upon which the
judgment was rendered arose out of contract.
Inc AFFECT OF setting Off property as
exempt is to release it from the
lien of the execution. g Ind 100; II i'd, 152:
"a i'd 273l An arg,mentative pleading will not
be held bad on demurrer. IA Ind, 400; % i'd,
465; IS id, 364 The evidence fails to show
| that the property was in fact set off to the
plaintiff as exempt Proof of this fact was in
dlspensablc. Where a widow is given life
estate IN the lands of her deceased husband, by
his will and asks to have such life estate set off
to her as exempt, such act constitutes an cleo
ton by her to take under the will. Judgment
reversed
RAILROADS STOCK SUBSCRIPTION -oANcELING
SAME.
1888. State ex rel Putnam vs. Commissioners
| of Delaware county Delaware c. c.
| Best, Can appropriation of $3.50, 900 in aid
| of railroad was collected, and most of it paid
/ 10 bne company IN pursuance or an order OF the
county commissioners to invest it in the stock
of the company. Seven thousand dollars of the
amount was assigned by the company to the
Muncie National bank and this assignment was
approved by the commissioners. The order to
invest in the stock of the company the payment
OF the money, and the approval of the assignment
to the bank, constituted a subscription to the
stock of the company, although no subscription
| was made on the books of the company (93 L. s.,
63I Section IS of the act of May r. 1869 was
repealed by the act of Jan. 30, 1873 But if in
force it does not apply to a subscription for
stock (6S Ind, 507; so i'd, 101.) There is no
statute that annuls the subscription of a county
to, the stock of railroad simply because the
work fs--not completed within given time In
order to cancel such subscription an order to that
effect must be made by the board of commission
ers in accordance with the act of March IL, 1875.
Judgment reversed.
CIrIEs-DEFEcTs IN sIDEwALKs-FvrDENcE.
1927 City of Lafayette VS.. John j. Weaver
ct TX. Tippecanoe S. c.
Black. C.-Where, after an injury from a de-
fective sidewalk has occurred. the city council or
ders the city engineer to examine the sidewalk
and report a remedy therefor, the record of such
proceeding is admissible in action for the in
jury, not for the purpose of proving negligence
on the part of the city, but to show that the city
recognized the defect as one which it was bound
to repair. By request the evidence would be
restricted to its legitimate effect. III Hun,
626. To show the action of the city the evil
dence was not improper. (73 Ind, AGO; IA id,
500 Affidavits supporting motion for new
trial on the ground of newly discovered evidence
must be brought into the record by hill of ex-
ceptions or order of court. 40 Ind, 3d. Judg
ment affirmed. 'err' =