The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-11-23
Supreme Court.
Supreme Court.
Hon. q. x. Elliott. Chief-iustice.
The following opinions were rendered Nov. q

The following opinions were rendered Nov y;
TAX NEUTRALITY-SUSPICIOUS.
1860. VIM. Adams VS.. Charles L. DAVIS
Sullivan O. G. Affirmed. collars, J.-In 1868
there was tax delinquency against appellant on
the duplicate. In 1866 he removed from the
State. The taxes were dropped from the cur
rent duplicate for succeeding years. and placed
on the 'insolvent record, aud so remained ntil
1884, when they were placed upon the duplicate
for this year In 1872 appellant returned. and
is now a resident For the delinquency levy
by the Treasurer was made Held That the
taxes were legally assessed. and that they still
exist as legal and enforceable charge on his
property. ~ Section 6433, Revised Statutes,
clearly gives to the Treasurer authority to col
lect delinquent taxes by the sale OF personal
property at any time, whether before or after
the settlement in April, and without reference to
it, whether the list provided for in Section 6439
has been made or not, and whether the oelin-
ouent taxes are charged upon the current dupli-
cate not. 49, Where it is shown in re-
plevn suit that the property has been taken for
q tax, the plaintiffs case is at an end.
FRAUDULENT COMPLEMENTARY.
1885, James D. Henry vs. John H. Stevens.
FayetteC G. Affirmed. Elliott, IA fraudu-
lent conveyance is valid between the parties.
(2.) The conveying part of deed cannot be
overthrown by parol evidence. g. At COM
mon law, where the rent was payable as an en-
tirety, and the devise was by the owner of life
estate his death terminated the right to recover
any rent at all, but this rule is changed by
statute to permit recovery of the rent which
accrued prior to the lessons death.
MASTER AND sERvANT-INJURY- DAMAGES.
127l1 VIM H. Bradbury ct L. vs. George
W. Goodwin. Wayne c. G. Az ned. Mitch
ell, J.-Where one is employed TO as
sist in removing a safe down stair
way by appliances and means pre-
in his work. the latter had right to rely on the
safety and suficency of the appliances, unless
their Effectiveness was so garing as to be open
to the observation of prudent men; and if in
jured by their giving away aud the safe falling
upon him, the master is liable.
VOID MoRTGAGE-PRAcTIcE.
12474 Neal G. Mccullough ct al vs. Ann
Davis ct al. Madison G. G. Affirmed Niblack,
J.-tl) Where woman during a subsequent
marriage mortgages property acquired through a
husband who left surviving children, it is void,
and a purchaser at sheriffs sale gets no title.
(2) An objection that question to a witness
was irrelevant, incompetent and immaterial is
too indefinite and uncertain to present any ques-
ton. g. The evidence supports the finding.
SUPPLEMENTAL OBSERVATION-DISCLOSURES.
1885 Noah d. Simmons Olive f. Find
ley ct al Hancock c. c.. Reversed. Howk,
possession of real estate, and it contained no
| averment OF the fact that the plaintiff was en-
titled to the possession Of the real estate at the
| commencement of the suit 1t therefore
| bad. Ii there were facts existing at the time
| the original complaint was filed, which if prop
| erly pleaded would have made it good they can
| only be brought in by an amended complaint,
not by supplemental complaint A demurrer
| to supplemental complaint is unwarranted.
! Such a complaint is a further complaint. and
| assumes that the original is to stand. If the
| original complaint is bad. demurrer will lie.
1878. L.. n A. & G. Railway Company
| William Fl. Thompson. Washington c. G, Re-
| hearing denied.
| 124s1. Western Union Telegraph Company
vs. Alonzo F. Brown. Vigo G. G. Mandate
| changed and rehearing denied.
| 1858 Martha E. Urley VS.. Jacob Shout
Pulaski C. G. Dismissed
1878 and 1879. Hiram Findley ct al. vs.
State ex rel. Hiram e. Wells. Orange c. c.
Motion to dismiss overruled.