The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-04-03
THE COURT RECORD.
Supreme Court-April 2, 1885.

No. 1852. James McClamrock vs. Simeon
Flint ct al Montgomery, G. G. Reversed Ell
lott, IA contract provided for the erection of
a wind mill, that if the mill failed to work all
right within certain time after it's erection the
seller would remove it and the buyer would be
released. Before the contract was signed, the
site OF the mill was selected by the buyer and ex-
amined by the agent. Held that there was an
implied warranty that the mill would work at
that spot, Notwithstanding clause in the con-
tract that no understanding with an agent would
bind the company unless it was set out in the
contract.
No 1871 In. A. sc. Railway Company
vs., julius Quade Jasper c. G. Reversed.
Elliott, J.-1) Where the amount involved is
less than so the justice of the peace has juris-
diction. CD Animals killed at the same time
may be sued for in one paragraph, but if killed
at different times the causes of action are sepa-
rate.
No. 1875. Cephas Atkinson VS.. Prudence
Mott ct al. Benton c. c.. Affirmed Black,
C.-1) A complaint for damage done by tres
passing animals, IL not appearing that the board
of commissioners had made an order for their
running at large (Sec 1885, r. S., 1884, need not
allege the existence of lawful fence, nor that
the damages were due and unpaid.
No 1868. Christian Warey VS.. Eliza Forst.
Noble &. g. Affirmed Bicknell, c. C-Under
section 5119 r. 8 1881, a mortgage executed by
a wife on her separate estate to secure her hus-
bands Aab IS invalid. The mertga2ee's belief
that her clam valid against hhef Estate does
not amount = legal claim which her mortcaye
would undertake to release; nor does her execu-
ton of the mortgage, to avoid the threatened
litigation against ner husband, amount to con-
sideraton passing between her and the mort
gage which will validate the mortgage.
No. ll729 Board of Commissioners of Steu-
ben County VS.. Wood. Steuben c. G. At
frmed. Best, CT Under section 1893 Re-
vised Statutes, 1881, the compensation of 1.-The
health officer" is to he determined by the board
of health, and the duty of allowance rests upon
the board of commissioners e. The amount
of compensation in such case is a mere matter
of discretion, and no appeal will lie from the de-
cision or the board of health.
No. 1854. Isaac c. Elston ct al. VS.. William
Fl. Castor ct al. Hamilton G.. c. Affirmed. FOL
lars G. I'LL Judgments against person be-
come liens at the same instant on any estate he
may after acquire, and where one Judgment
creditor levies an execution and causes the land
to be sold he thereby acquires a lien superior to
the others. T.. In such case the other Judgment
creditors may redeem under the statute, as
Junior judgment creditors. (3) A sheriff's GER
tificate of sale is sufficient to take the sale out
of the statute of frauds. a.. Since the law
provides redemption from sheriff's sales, made
quacy of price at such sale is no ground forset-
ting it aside. (5. 1t is general rule at law
that where two titles meet in the same person
the greater will be merged, but court of equity
will keep an incumbrance alive or. extingush it
as best SubserveS justice
No. 1l423 Israel Naugle ct al VS. State ex
Mitchell J.-When guardian files the receipt Of
his successor in the trust and receives his dis
charge, and he afterward resumes the trust. and
his-report shows that he had left over from. his
first service a sum OF money belonging to his
ward and there is no showing that he had paid
it over, such discharge will not operate as an
adjudication of the matter. and the first bonds
men are liable.
No 1853 Thomas Fahlor VS.. Board of Com
missioners of Wells County ct al Wells G.. c..
Reversed. Colerick C.-Proceedings had by
board of commissioners at a special session not
legally convened. for the construction of gravel
road are illegal and void and taxes assessed
therefor may be enioined, 65 Ind 427l
No. 1852. Audley NJ Harmon ct al. VS. Chas
billiard. Grant c. G. Petition for rehearing
PETITION FOR REHEAEING ovERRULED.
No. 1902. Isaac c. Johnon VS.. Elijah Kitch
ct AL Grant c. c.
No. 1867. The Bass Foundry and Machine
Works VS.. Clara V. Galentine ct al. Marshall
C. c.
No. 1854 Williamson NJ. Alexander vs.
Board of Commissioners of Monroe County.
Monroe C. c..