The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-04-07
THE COURT RECORD.


superior C0dre.
The Superior Court met in general term, and
fled opinions as below:
s2l Edward S. Pope VS.. J. 81. Vajen. AT
firmed. Taylor, j. Appeal taken.
1873. ID. S. Morgan d Co. VS.. Allen A Russell
ct al Affirmed Walker, j.
842 Joseph E. Harmon ct al. vs. P, c. & St
L. Railway Company. Affirmed, Taylor, j.
S43. Isaac Moore vs. David ID. Ralston ct al.
Affirmed Walker, J. Appeal taken.
S52. Bridget Gray VS.. National Benefit Asso-
citation. Affirmed Taylor, j.
Edwin =. Werbe VS.. Hiram PIummer. AT
frmed Howe, J.-Partnersnip creditors have
no lien upon the partnership property until one
has been acquired under some legal or equitable
process by which the principles OF equity are
made to apply. Il Coliyer Partnership,
Woods ed, section 10, note; IL IND 4o3.1 A
bona fide sale for valuable consideration
by one partner to another of all the partnership
effects is valid, and the property so conveyed
becomes the separate estate of the purchaser
q Collyer Part, Woods cd, section 165. note )
Kent Com, 18th ed. x-65 foot page 76 note 1;
Lead Cas- in Eq. 4th Am ed. 406; 80 N. u,
65; Is Ind go; 81 Ind, 25), even though the firm
and all the partners at the time insolvent.
10 Cush., SOB; Ind, 343.) After such sale the
purchaser may claim exemption out of the prop
erty so purchased. t3o Mich, 151 80 Wis, $40. J
1t is not fraud in law for a man to do or intend
what he has legal right to do though the ul-
innate consequence may be to defeat the just
claim of some creditor Therefore, sale Or
transfer, If otherwise valid, is net fraudulent
though made on purpose to prefer one creditor to
others, ia Allen, Ii; lis Mass, 505), to defeat
an expected execution, e @. B., 1872; Hurt and
N, S07; Smiths Lead. Cas-, 9Th Am. ed, Is;
Kerr, Frand, Bumps Ed, 212 Burrill Assign
ments. I'D ed, sec. 326l, or to escape taxation
(55 Ind, 433; SO N. Y, 142) And so q debtor
may convert property of kind notexempt. though
he does so for the express purpose of claiming
exemption, and the effect will be to defeat the
claim of existing creditors Ill Allen, AS %
Mich, 367; Bump. Fraudulent Conveyances Sd
ed. 245
Rilda Bristow VS. l.. Albeit. Affirmed. Howe,
MENTAL suffering, not connected with any
other actonable injury, is nota sufficient ground
of action. I'll Me-, 227; II Central Law Jeurn,
Ii; Is id, 489; IA i'd, 222 The common law
Torts. 1882 Waterman Trespass 261 section
845; 80 Mass, 28l) But modern authorities recog-
nze and protect the right of the relatives to the
secure repose of the remains of deceased per-
son. IL English Reports $685. Is i'd, 427; % i'd
62S; Is Albany Law Joarn. 4S5; 10 r. l., 227;
S. G. IA Am. Ply, 667; 80 Mass, 422; 13 Ind,
134.
Sophia Z. Rhodes VS. Mary A. Day, Affirmed.
Howe, Under the tax law of 1872 the pur-
chaser at an invalid tax sale, in case the parties
fail to agree must establish his claim for inn
provements in the mode prescribed by the law
for the relief of occupying claimants. Il Davis
Stat. 121, sec. Oil The occupying claimants
law gives the claimant M UGH more extensive re-
lief than he was entitled to at common law or in
equity Is Kent, 18th ed, X-534 Pomeroy Eq.
Jur., sec. l24ll; but it allows claim for such
improvements only when made by the occupant
in good faith, that is in the bona de belief that
he had good title when he made them. e
Davis Stat, 255, Sec 6l5; Sedgwick and Wait,
Trial of Title, sec. 694
William G. Smock, guardian of Cornelia e.
Little, person of unsound mind, vs. Phillip
Rechwein, ct al; suit for petition and to quiet
title. Affirmed.
Centre township VS. Marion county; suit to
collect taxes. Judgment approved by court and
appealed to Supreme Court.
SPECIAL TERM.
Room No. 3-Hon. Lewis &. Walker. Judge.
John v. Martin VS. Washington NJ. Duley; suit
to quiet title Dismissed and costs paid