The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-04
THE RECORD OF THE COURTS
Supreme COurt-Jan. 3.
Hon. George v. Howk, Chief Justice.
pARTITIoN SAI.ES-IIENH oI.DERS.

PARTITION sALEs-LIEN HOLDERS.
1881. Jesse Arnold vs. Noah Butterbaugh
ct al Wabash G. c.
Hammond, i'm actions for partition all
henholders, whose liens do not extend to the
whole of the real estate are proper parties. (35
Ind "a; 70 i'd, 4S9; Works Prac., section l59 But
this rule applies only to persons having liens at
the commencement of the suit. The action is III
rem, and when it results in the sale of the land
the purchaser acquires all the right, title and
interest held by the parties to the action at the
time of its commencement. Whe-e after the ac-
bon is begun, party conveys his interest, or
lien is acquired against it, this does not affect
the rights Of the purchaser at a sale ordered in
the partition action. Judgment affirmed
UoRoNEEs- OF PHYSICIAN.
1882. Commissioners of Jay County VS. S.
A Gillum. JayC. c.
Howk, G. J.-When coroner, in the dis
charge of his official duties, employs physician
TO make autopsy on the body of child found
dead, such fact may be proved by
who has knowledge of the fact. The
proof of such employment does not depend upon
The record of the coroner. Judgment affirmed.
RECOVERY OF REAL EsTATE-DEsCRIPTIoN
1904. Benoni S. Roberts VS.. Sarah J. Lanam.
Brown c. c.
Franklin, C.-Action to recover possession of
real estate. The land is described in the
plant as the northeast part of the northwest
quarter of the northeast quarter of section H."
etc. This description does not fix the boundaries
vi shape Oh Ine ldl1O ana lUSulcleEJ. loo ilN.,
AL Judgment reversed
VOLUNTARY AssIGNMENT-wIFEs INTEREST.
,256. Ann Hall VS.. Samuel S. Harrell.
Franklin C. c.
Black, C.-The voluntary assignment made by
a debtor for the benefit of his creditors is not
judicial sale within the meaning of the act of
1915, and does not entitle his wife to a third of
the rents collected by the assignee previous to
the sale of the real estate by the latter although
the wife did not JOIN in the execution of the as
signment. rs Ind. 563; SO i'd, l; So i'd, 12S)
Judgment affirmed
JUSTICE OF PEACE-vACATING JUDGMENT
1003S. Henry L. Martin VS.. John Pifer. Elk
hart C. c.
Bicknell, C.-In a direct proceeding to vaeate
judgement rendered by justice want of au-
tholity to enter the JUDGMENT may be shown. q
Ind, 4SS 81 i'd, 1881 The justice and constable
are proper co-defendants with the judgment
plaintiff in such action. (52 Ind, 10l 46 i'd,
So 33 i'd, 1872 1t is competent to show by the
justice that the judgment was not entered until
week or ten days after the verdict of the jury
was returned (37 Ind, 1881 Judgment af-
frmed.
INSTRUMENTATION
1929 Matt +. Cook VS.. Lorenzo D. Cook ct
al Hancock G. G.
Bicknell C.-Where one of several heirs paws
the debt of his ancestor he has a right in equity
to contribution from his co-heirs. Is B. Mon,
49, Where one of two resduary legatees in
ours an expense in protecting the Joint interest,
and his act is beneficial to both Justice requires
that he should be reimbursed by his colegatee
10 the extent of the expense incurred on his
account. Us La Ann. CPS Although partition
, had been made, the whole of the land of the de-
cedent was subject to The payment of the
legacies and costs of administration and the pay
ment of such liens by anyone interested could
not be prevented by protest objection. Lega-
Gies do not cease to be liens ON the land of the
festator because they are not filed as claims
against his estate. Judgment affirmed
1880 John F. Cook VS.. Lorenzo D. Cock.
Hancock c, C.
Bicknell, C. C.-This case is decided upon the
authority of Cook VS. Cook. 90, 249, supra Judg
ment affirmed.
JECTMENT-GENERAL DENIAL.
1884. Ebert Johnson vs. William Briscoe.
Spencer C. c.
PENDANT, under the general denial, cannot avail
himself of a defense not existing at the com
mencement of the suit. AZ Ind 462; Sc i'd,
12Q; 81 i'd, 1851 If the defendant has de-
Tense which arose after the suit
was brought, he should apply for
leave to file supplemental pleading, analo-
gous to the. old plea puts darrein continuance,
setting up the facts. Rehearing denied.
The following cases were also decided, alb
stracts Of which will appear hereafter
David NJ. Crumley VS.. John H. Hickman.
Blaekford c; G. Affirmed; Hammond J..
Fred Weik vs.. David C. Psgh ct al. Monroe
G. C. Affirmed. Black, C.
Hiram Hand vs.. Ira A. Kidwell Madison G.
c. Affirmed Niblack, ].
Noah Clodfelter VS. Henry C. Hulett Mont
gomely G. g. Affirmed. Franklin. c.
Eleanor Masters vs., John F. Templeton Union
G. G. Affirmed Elliott, J.
~ Northwestern Mutual Life Insurance Com
pany rs. Quincy A. Blankenship. Owen C. c.
Afhrmed. Bicknen, o. u +
g Federal Court Calendar.