The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-06-25
THE COURT RECORD.
Supreme Court-June "a.

Hon. Byron X. Elliot, Chief Justice.
PROCEEDINGS NEUTRALITY-SUSPICIOUS. AND
GRANTEE.
111s5. Archibald Pounds Barbara Chatham;
Hammond, J.-Proceeding supplementary to execu-
ton by appellee. The special finding of the court
shows that appellee held Judgment against Joseph
Pounds who not householder, and resided in
Hendricks county; that he had property except
four stands of bees worth $40, and some Kansas
LAID worth 81 900 The latter he conveyed to APP
peAnt who paid nothing therefor but agreed to main
tain said Joseph for life, and assumed the payment of
81 10 which Joseph owed other parties; that Archi-
bald had notice of appelee's claim when said deed
was made, and that the fraudulent and void
The court ordered that Archibald should reconvey the
land Joseph pay into court for the of appel
lee ST., 200. Held: In an action by Joseph against
Archibald he could not upon the facts found
the value of the land conveyed Archibald not in
debted to Joseph for such value but his obligation
confined to his undertaking to maintain Joseph The
assumption by Archibald of the payment of $40
due from Joseph to other parties was binding upon
him. (3S Ind 146 81 i'd, 212) This amount
could not be appropriated in favor of the appellee
The Judgment was one from which an appeal would
lie to this court it required the payment of money
(R. S., sec. 646) Judgment reversed
NEUTRALITY-SUSPICIOUS. oPTIoN-NoTICE.
1148O. John B. Coles ct al Eliza Peck. Ohio
C. g.
Buchanan certain ground for ten years at $50 year
the latter to erect building ON the ground. The
lease provided that at the end of the term of three
things should be done Either appellee should buy the
building at its appraised value Buchanan the land
at IFS appraised value the lease be renewed for ten
years at the rental, the appellee to have
her choice of either and to give years notice which
she wished to do. Before the expiration of the er
Buchanan assigned to appellants At the close of the
term appellee not having given any notice as pro-
vded in the lease appellants gave notice of their cleo
ton to buy the ground and proceeded to have it
appraised rendered the appraised price: and
demanded deed. Appellee sued for a
years rent in advance on the secondterm and appel
lants set up the above facts counter-caim, to
which demurrer sustained. Held: The failure of
he 10 herself o
her in the lease and to give the notice required trans
ferred to appellants the right to exercise similar OPP
ton their part that of buying the ground. Vners
Abrdg., vol. 8, 1862; Story Cont, sec. SIG; Bouv.
Inst, sec. SOB; s Ind, $50; 81 i'd, 174) Appel
lans bound do all they could to carry out the
provisions of the lease in regard to appraisng the
land. In like this equity will take jurisdiction
and grant such relief is most in accord with the
spirit of the agreement looking to the sale of the
property We do not hold that II the
is conclusive upon the appellee she having refused,
upon notice, to select an appraiser but that the
averments of the cross-complaint sufficient to
show that appellants did all they reasonably could
carry out the provisions of the lease and made good
prirna facie for equitable relief 22 o. ST., 463
10 Wifi, 429; Al Mo-, 25 5S Pa St., 1861 Jud g
ment reversed.
1883. George Stutz the State. Greene c. G.
collars, jim prosecution for the sale of liquor
liquor was sold testified that he asked the saloon
keeper for liquor but it refused. Appellant then
went into the saloon and thence to barn near by.
Upon his return witness went behind the barn and
found bottle OF whisky upon a rock. He took the
bottle and left piece Of money in its place Witness
said he had understanding with appellant that the
who left it. Held This evidence was sufciect to sus
tain the finding Of the cu:rt. Judgment affirmed
COUNTY CoMMIssIoNER-DEATH
1855. Elk rel. Elliott VS.. Henry Bemenferder,
Elkhart c. c.
Elliott e, 1.-The relatOr was elected county com