The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-02-22
THE RECORD OF THE COURTS
Supreme Court-Feb. 20.
Hon. Geo. V. nowk. Chief Justice.


1886. Redwood Cemetery Association VS.. Debo-
rNh Bandy. Warren &C
Black, c. C.-The complaint of appellant alleged
the dedication Of certain land for Il public burying-
ground, and its use by the public for that purpose for
a long time; that appellee claimed to own the ground,
and was threatening to remove the tombstones and
plow and pasture the land. Prayer for an injunction.
Held; Appellant could not maintain the action. The
corporation is p legal entity, and the fact that the
natural persons OF whom 1t was conposedi or the
public, had an interest in the land which the land
owner was estopped TO question could not convey such
an interest IN the corpHrauon. ca Ind, 223) Judg-
ment affirmed.
DEFECTIVE MISREPRESENTATION NEGLI-
GENCE.
lI2IO. Joshua Wilson VS.. The Trafalgar, etc.
road. Johnson c. G.
Biclnell, c. C.-Appellant sued for injuries result
ing from a defective highway, The court instructed
the jury that if the plaintiff had notice Of
the dangerous condition of the road he would
be pc required iraI to exercise more care IN
notice. but vas not bound to keep of the road, if it
consisted with reasonable care to travel over it; that
il, in the use Of proper aud reasonable care under all
the circumstances, the plaintiff. without any fault or
negligence on his part, was injured wholly by the neg
Hgence of the defendant, he could recover. This IS
the law. as stated in = Ind, 20; So i'd, 266; 2
Ihomp. Neg, LOB. Where an instruction is right as
Tar as 1t goes. but may be properly supplemented by
something more, the party desiring such supplemental
instruction must ask for it. 81 Ind, 10; II ID, IL
Judgment affirmed.
BILL OF ENCEPTTONS-COPY OF R"ECORD-SCHOOL-
FUN SALE OF
1920; Robert G. Beneael ct al. VS.. SarahJ Aughe.
Clinton c.. c..
Bicknell. 9. ca general objection to a finding or
verdict, without stating the grounds of objection, pre-
sents no question. @ Ind, 221; Busl;. Prac., ILL.,
Where the evidence is broughti into the reeordby either
party it is available to any party who has properly as
signed errors or eross-eTrors, o. Ind 56l:)
recorded in this it is not necessary for
the recorder to impress on his record
a fac-simile OF the seal Of the officer who took the ac-
acknowledgement in the other State; the letters L. S. in
a scroll are a sufficient representation of such official
seal, both in the record and in the certificate OF the
copy thereof. A sale of land under a school-fund
mortgage is a sale under a naked power, not coupled
with an interest, and the auditor is bound to a strict
compliance with the statute. az Ind, 81; SO i'd,
543; 80 id, 234.) The burden lies on the party
claiming, under such a sale, to show that the statutory
authority has been pursued. 81 Ind, 276; 60 id,
41S) Where it does not appear that the county
treasurer made a statement of the sale, or that any
such statement was signed by the auditor and treas
urer and recorded in the auditors Office and filed in
the treasurer's office, the sale viii not be upheld.
(5S Ind, 543D The sale was also void because the
auditor did not offer the land in parcels and sold the
whole for 4 larger sum than was due. Judgment at
hrmed.
MONEY VOLUNTARILY
1902. Hiram Hines vs.. Commissioners Hamilton