The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-04-29
THE COURT RECORD.
Supreme Court-April 2s. 1885.
POINTS OF DECISIONS.

No. 11791 l. & St L. Railroad Company VS..
John K. Johnson Vigo S. c. Reversed.
Elliott, 1.-The negligence of servant will not
render a master liable to a coservant for in
turies ~ plaintiff must affirmatvely state
all the facts essential to his cause of action.
g. A master ] h3clr for employing incompe
tent servants, ..lurjes TO a fellow-seryant.
pany VS.. Perry A. Randall Allen G. G. At
fined. Niback, 1.-THE parties entered into an
agreement whereby it was provided that appel
lee should grant and lease to appellant tract of
land for its use as 'Y" for the period of one
year, for the consideration of $400 and further,
If, at the end of the year, appellant should de-
termine to continue its occupancy, the land
should be appraised, and the $500 paid should be
applied on the value appraised. There were also
collateral stpulations. In an action to recover
rent for use continued after tho first year. held
that the instrument was lease and the COM
pany is liable for the rental on the second year.
No l1S43. David F. Allen ct al VS.. Board of
Commissioners, of Clinton County. Affirmed
Howk, Ill Suit on subscription for a gravel
road The fact that such subscription is not
dated will not invalidate it. e. When such
subscription, by its terms, is to be due and pay
able when the road is completed, and the road
was completed, no previous demand of payment
is necessary.
No 1890. Caleb H. r. Anderson VS.. Jacob
r. Filter. Montgomery G c. Reversed. Mitch
ell. IA conveyance made to defraud creditors
is binding the parties to it when it is fully
ecuted; it is likewise binding OH subsequent
grantee of the fraudulent grantor unless such
grantee establish, the basis of his right to
lief, some other ground than that it was made to
defraud creditors and that 1t is in violation of
criminal statute. (2) The fact that convey
ance was voluntary, is not of itself conclusive
under our statute that it was fraud
ulent, nor is the fact that a valu-
able consideration was paid of itself
conclusive that conveyance taken with
knowledge of the purpose to defraud creditors
was not fraudulent ~ One who has in good
faith received conveyance from and paid val
liable consideration to fraudulent grantor who
is in possession, may maintain his title against a
prior voluntary grantee, of whose title he had no
notice, and it is competent for such subsequent
purchaser TO show that the volunteer took his
title without consideration. as the result of a
fraudulent scheme, in which he was engaged
with the common grantor, even though there
was no actual intent in the original scheme to
defraud subsequent purchasers
No. lOl63 Indiana Car Company VS.. Edward
F. Parker. Henry c. c. Petition for renearing
overruled Elliott J.-Action hv appellee to
recover for personal injuries There is no avail
able error in permitting the plaintiff to exhibit
his wounded hand to the jury. e. 1t cannot be
said as matter Of law that such plaintiff was
guilty of negligence when he changed from one
part of his work to another at the command Of
an agent set over him by the master.
No. 12269 b. F. Yantis VS. O. A. Myers
Cass G. G. Publication ordered.
No. 1868. Madeline Rochester ct al. vs. John
lowering Tippecanoe c. c. Rehearing granted.