The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-01-29
THE COURT RECORD.
Supreme court-Jan. as, 1888.
The following opinions have been rendered

Inc following opinions nave Deen rendered.:
No. 1881. Carroll McCasland VS.. Francis
Kimberlain. Sullivan c. G. Affirmed. Best,
G. ID Three instructions objected were APP
proved in % Ind. 67; 80 Ind. AGO; As Ind, 443.
"a Malice may be inferred from want of prob
able cause, not the reverse; 43 Ind 137. g. If
the jury believe a witness from the circum-
stances, it is their duty to consider his testimony;
40 Iowa, $50.
No. 1l68. Laban M. Rice VS.. City of Evans
vile. Vandbrburg c.. G. Black, C. Affirmed,
because i the overruling of a motion for judg-
ment on interrogatories to jury is not a cause
for new trial, but may be assigned as error. (2)
The record fails to show interrogatories ans
wered were submitted by the court.
No. 10475. BAIL ]. Thayer VS.. Daniel Burger
ct al. Marshall C. G. Colerick G. Affirmed. A
petition for vacation and establishment of high
way by appellees held sufficient because, H. That
the statute requiring names of owners, occupants
or agents, in petition, sufficiently complied with.
If defective, objection should be made before
board of commissioners. e. In the petition the
phrase ''as we believe is equivalent to unquali-
tiedly asserting the fact to be true. 8 Ind. ~543,
Ia Ind. $50, 81 Ind. Isl. 81 Objections not
made to the report before the board are waived.
is tried on merits. The verdict is good as it was
understood by the court, 4 Ind. Law Mag. LOT;
if defective should have been reached by motion
for venire de novo, Is Ind. Al; if defective it
would now be cured by judgment, 30 Ind. 364,
10 Ind. 259, % Ind. 201.
No. 9O61. John. j. Parks ct al. VS.. Penelope
Kimes ct al. Marshall, c. c.. Best c. Affirmed.
Appellee Penelope HINES, Legitimate child of
Mary Parks, deceased, claims the land in dis
pute, one-tenth of original tract, by descent
from George w. Parks, jr., a legitimate child OF
her mother. Her husband joinedher. James Parks
owned the land in dispute, and devised the same
to his widow. Elizabeth, for life, as appellees
claim. In 1889 James died, leaving widow and
ten children, one Of whom was George w. Parks,
ST., who died in 1853 intestate. leaving Mary
Parks, his widow, and George w. Parks, jr., a
poethumous child. In 1857 Penelope, illegltimate
child of Mary, was born, and in 1859 her mother
Parks, jr., and Penelope. 'sC In 1865
George w. died i~ntestate without
other immediate relative than Penelope and in
1873 Elizabeth Parks died. Neither George w.
Parks, ST. nor son made any disposition of the
land inherited from James Parks. Penelope
brought suit after Elizebeth's death. She was
resisted on the ground that the will of James
Parks invested his wife, Elizebeth with the fee
of such land so that she was not entitled to any
portion of 1t. One clause of his will devised
his real estate to his wife $50 long as she may
live A prior clause gave her absolutely his
personally not before disposed of and other tracts
were givento some of his children. Another
directed that such estate to his wife shall be in
lieu of her dover if she shall so elect
Held, that these declarations sufficiently de-
fined a+life estate; the widow and the reversion
descended to the children. rs Ind. 63 Appel
ants next insist that, the widow having a life es-
Gdtc, DIS UoOrg0 w. TdTkS Uleu Delcfo Iue eflnA
nation of his mothers estate, no part descended
to George w. Parks, jr., as the father was not
in possession, etc. While this was the rule at
common law "A Kent, Com. 1881 no such rule
prevails now. (Bigham Descents, p. 3d. The
next contention is that the LEGITIMACY Of Pene-
lope gave her no Unbeatable blood. Section 2474
II. s., 1881, substitutes the Legitimate child for
the mother, and entities such person by inheri-
lance to such property as the mother would
have taken had she survived such decedent
M 1899 William II M;1ao fpaoCCpor NC
William L.. Ray. Fountain G. G. Bicknell c.
c. Affirmed. Where a township votes an APP
preparation to a railroad in a legal manner and
taxables, another levy is ordered, which requires
over 2 per centum in all on the taxables of such
township, there is a contravention Of the provis-
ions of secs. 4056, 1857, r. S., 1881. The first
levy of l per centum is valid and was paid. The
collection of the second assessment will be re-
strained by injunction.
No. 10065. Mark Jones VS.. Teresa Loveless
ct al. Carroll G. G.. Petition for a rehearing
No. 1898. Leonidas Raszen ct al. VS.. James
S. Raszell. Decatur G. G. Order of reversal
set aside.
No. 1922. Curnue, Dunn s. Co. ct al VS..
Elias Raub ct al. Wayne c. Bicknell, c.
Affirmed.
No. 1O959. Pennsylvania Mutual Life Insur-
ance Company VS.. Rosettar Wyler. Allen S. G.
Black. @. Affirmed.
No. 1855. Pennsylvania Company VS.. Wed
die. Bartholomew G. c.. Elliott, j. Reversed.
No. 1868. James NJ. Dehority VS.. John
Wright ct ell Madison G. c. Franklin, G. AT
frmed.