The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-16

lied by statute. Revised Statutes 1876, page 120
section 203 If the sale is Invalid, is liable to the
owner for the rents and profits of the land u A
clerks certificate to transcript stating that the
above and foregoing is full, true and complete
transcript of proceedings and papers filed in said
matter as fully as the same appears Of record
and from the files of said court in my Office" is
sufficient.
No. 12O12 Charles Petry vs. Wrn. H. H. AM
brosher ct al Jay c. G. Affirmed. Elliot J.-One
not party to an action is not bound by the
Judgment unless he becomes privy in contract
or estate to the judgment debtor; but where he
seeks to defend a lien, acquired through such
Judgment, on real estate which he claims to own
he must show that he purchased for value and is
not a mere volunteer.
No 1l425. John johnson ct al vs. Mary E.
johnson. Marion G. G. Reversed. Franklin, c.
Where one claims compensation from an estate
of decedent for services in nursing the de-
ceased, evidence tending to show the circum-
stances under which the parties lived should go
to the jury to determine whether the claimant
lived in the family or whether there was any un-
derstanding as to compensation.
No 1916. John Merit VS.. James d. Richey
Clinton G. G. Reversed Howk. J.-Where an
appeal TO the Supreme Court is undetermined
and another action involving the same matter is
brought q plea in abatement to such action
should be sustained.
No. 1852. Audley M Harrison ct al VS.
Charles Hilliard. Grant G.. C. Affirmed Black,
C.-Action by appellee to foreclose two mortgages
executed by appellant and wife. The question
is, whether there could be finding that, by the
mortgages declared on, the real estate described
in the finding was mortgaged The court re-
views the question at length and holds that the
finding enforcing the mortgages was sustained
by the proof.
No. 1863 l., B. & W. Railroad Company vs.
James L.. Allen. Fountain G. G. Reversed.
Bieknell, CC-(Ll The rule is that damages for
the appropriation by railroad of strip of land
embrace its value and any injury to the resi-
due. but if a grantor suffered and had knowl
edge that such railroad had taken such strip no
right of damages passes to his grantee. r. The
statute, r. S., 1881, sections SS7 and 908 requir
ing the sheriff to charge the jury, in the assess
ment of damages. is merely directory.
No. ll723. Nathan Day VS.. Hannah Day.
Morgan G. c. Reversed. Colerick, C.--Where
gift had been made by one who subsequently,
remarked, and the gift is voluntarily returned,
the donor having died. it belongs to tho only
child OF the decedent's first marriage, as against
the widow.
No. 1l4Ss. John Kennel ct al VS.. John j.
Smith. Cass G. c. Affirmed. Franklin G.
Whether or not ditch is practicableis cues
ton of fact.
No 12O29 James O'Conncr vs. Mary O'Con-
nor. Delaware G. C. Dismissed
No. lll2l. State ex rel Alonzo Nebeker VS..
Francis M. Sutton. Warren G. c. Petition for
rehearing oyerruled.
No 1860 Robert S. Mckee ct AL vs. Eliza
beth Hungate ct al. Knox c. c. Petition for
rehearing overruled.
No l1734. Gideon L. Myers ct al. w. Peter
G. Sawyer ct al. Hamilton c. G. Petition for
rehearing overruled.
No. $685. Emma G. Munson vs.. James o.
Cole Cass c. G. Motion for leave to file petit
ton for rehearing nunc pro tune overruled