The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-11
THE COURT RECORD.
Supreme Court, Feb. 10, 1885.
POINTS OF DECISIONS.

POINTS OF DECISIONS.
No. 1901. John f. HUMPHREYS, admins
traitor, VS.. Isaac Davis Montgomery c. G.
Affirmed. Elliot, J.-This action by the ad-
ministrator of an adaptive child against the
heir, the adaptive father, to obtain possession
of the land. the rents. and profits, and personality,
fails, because: ~ The heir, having all rights
and incidents Of his inheritance, can hold the
it is required to pay debts. ~ Suen rents
should have been shown to have accrued prior to
the decedent's death, to entitle the administrator
to sue for them; showing mere continued occu-
pancy by one of the heirs is not enough.
(3l One tenant in common is not bound to pay
rent while he remains in possession, unless he
excludes his cotenant; but if he receives from
another he must account for it. (27 Ind, 80;
i'd, IS; 20 Mimi, 252; II A. & E., FOL; II Mass,
1872 LAY The administrator should have
averred that there were no debts due from the
estate inherited by his interstate.
No. 1902. George ". Paul ct al. VS.. Isaac Davis
Montgomery G. G. Affirmed Elliott. j.
Q) See HUMPHREYS VS.. Davis, No. HIT, 81
Ind. l; 95 Ind. l. They control the chief ques-
ton in this case. ~ The general statute of
descents does not define the status of parent and
child for all cases, and such status, so far as
rights growing out of the statute Of adoption
and property operated upon by it are concerned,
is created by the statute of adoption, and not by
the general statute. 81 The rule of stave de-
cisis is to be respected, but sometimes it is nee
essary to overrule an erroneous decision to effect
justice,
No I1770. Leander Bond vs.. Che Evansville &
Terre Haute Railroad Company. Knox, c. G..
Affirmed. collars, G. 1.-The appellees railroad
runs through the farm of Bond. The appellee
has maintained its fences upon its right of way
through the farm, except where, in front of
Bonds house, there is a piece Of ground seventy
five feet square, which adjoins said right of way
on the east. This piece of ground is fenced ex-
cept where it connects with the right Of way, and
the fence which thus surrounds it on three sides
joins the fence which incloses the remainder of
appellees right of way. Bond had maintained
the fence around this ground for many years.
He had, for his own convenience, constructed
gates in it and in appellee's fence on the opposite
side of the railroad, and had made a private
crossing whereby he reached a public highway
beyond. Sometimes he would allow his neigh
bors to use this crossing. BY some means some
of Bonds stock got upon the railroad at this
crossing and were Killed. He sues to recover
the value. Held, that he cannot recover. 13
Ind, All: 16 Ind, 102; IL Ind. 295.
No. 1883. Samuel Dugle VS.. The State. Ohio
{. G. Reversed. Niblack ID Where, in an
affidavit charging arson, the property burned is
described as "a certain frame building, com
monty called a stable" the character of the
building burned is sufficiently alleged. ~ Where
a person called as a juror in a criminal case has
formed or expressed an opinion as to the guilt
or innocence of the defendant, which opinion is
based upon conversations with witnesses to the
transaction constituting the alleged offense, or
reading reports of the testimony of such wit
ueSSoS, OF nearing LnoIn UeSEIE, ne Is dDSOluLely
incompetent to serve as a juror in the cause,
when a question is made at the proper time as to
his competency in that respect. (Clause 2, Sec.
1893, Revised Statutes. 1881; 20 Ind. 576.)
No. 1854. Thomas Bosworth VS.. Wayne Pike
Company. Jay &C. Certiorari granted and
issued.
No. 1111Z. Benjamin H. Binford, VS.. Thomas
FL. Miner ct al. Hancock c. G. Petition for re-
hearing.
No. 11784. Samuel NJ. Daley ct al VS.. Amos
Curry. Wells c. c. Dismissed.
No. 12016. James M. johnson VS.. Mary E.
Gorham. Posey C. c.. Dismissed.
No. 1920. John F. Osborn VS.. Jesse True
blood. Martin G.. G. Dismissed.
No. 1905. George w. Anthony ct al. VS..
Henry McCullick. Wells c. c. Dismissed.
No. 1857. William A. Rogers VS.. Travellers
Insurance Company. Monroe c. G. Dismissed.
No. HILL John E. HUMPHREYS VS.. Isaac pa
Wis. Montgomery G. G. Petition for rehearing
overruled.
No. 1l9l1. 1. ST. L. R. R. Co. vs.. Isaac L.
Calvert. Vigo c. c. Reinstated.
No. 10970. Nettie Deputy ct al. VS.. Mary
Mooney ct al. jackson G. c.. Reinstated.
No. 1891. c., FL. & L r. r. Co. VS.. Daniel
W. Butler. Franklin G. c.. Certiorari granted.
No. 1912. j. W. Martin VS.. Nancy Martin ct
al. Wabash c.. c. Motions to set aside sub
mission for new parties, for publication, granted.