The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-18
The Court Record.
SUPREME COURT DECISIONS.
Hon. j. A. s. Mitchell. Chief jus tice.

SUPREME COURT DECISIONS.
Hon. j. A. 8. Mitchell. Chief j US tice.
1905 Sarah Anderson ct al vs. Catharine
Crist. Decatur G. G. Affirmed. collars, j.
When testator gave the use of all his real
estate to his wife until his youngest child
rived at twenty-one years of age, for the purpose
of rearing and educating his children. the
widow, during the minority of the children.
holds the rents and profits in trust for the pur-
pose named in the will, and they cannot be sold
in satisfaction OF personal judgment against
her.
1884, William D. Lower vs. William Fl.
Franks ct al. Noble, @. c. Reversed. Niblack,
il. Contributory negligence may be admitted
as defense in action for malpractice 2
Section $40, Revised Statutes applies to all &C.
tions whether founded upon contract or tort.
1t is immaterial whether she complaint alleges
joint or joint and several liability. The
right of recovery is to be regulated by the proof
and not by the allegations of the complaint.
Every complaint is in the respect stated to be
treated as both joint and several, when there
are two more defendants, and the object is to
prevent a plaintiff. who proves good cause
against part of the defendants but not against
all. from being put to the expense and delay of
new trial. An instruction to the contrary was
error.
I4049 State OK rel. Jos. D. Lauehlin VS.. VIM.
T. Porter. Martin c. c. Reversed. Mitchell
C. Jan appointment of . county superintend-
emit by township trustees without . quorum of
the trustees being present at the meeting ia in
valid; and the county auditor Is not member
of the body in such sense rs to be counted in
determining whether there was quorum pres
ent or not.
1899. C1arissa Smith ct al. VS.. James Low
cry. Madison c. c. Reversed. Howk. j.
A purchaser of real estate is charged with
tice, actual or constructive, of the fact shown
by the record of the deed which had given his
grantor title, that therein the latter agreed to
assume and pay mortgage debt He is also
affected with like notice OF the record OF the
mortgage. But when 1t appeared from the rec
ord of such mortgage, on the margin of the
ord authorized by the statute, that long before
he became purchaser the mortgages had proper
ly entered satisfaction, such purchaser mas the
right to rely upon such entry as complete dis
charge of the mortgage, and to assume as against
the mortgageor seeking to be subrogated to rights
of the mortgage that the grantor Of the pur-
chaser had paid all that he had assumed. If
such morteaeeor paid the mortgage debt he be-
came the equitable assignee sofs SO much of the
debt as such grantor had assumed, but 1t was in
cumbent on him to have procured an assignment
of that much of the debt on the record. tSec-
1898 r. 81 Upon failure to do, collection
thereof cannot be enforced against q subsequent
purchaser without notice.
1881. Wilson T. Cooper The State rel.
Tighlman Bailey. Clinton G. G. Affirmed.
Elliott. Under the act OF 1852 which is in
force the Board of County Commissioners have
the power to fill vacancies IN the Office of town
ship trustees occurring during regular session
of the board.
1882. Solomon Wagner We. Philip Rising.
Fulton C. C. Dismissed.
1886 Jacob Wingers ct al. vs. The State OK
rel Montgomery G. G. Dismissed.
1925 Geo /. Williams ct al VS.. Eugene F.
Owen OF al. Posey C. C. Reinstated.
1896 Sarah A Long vs. Frederick w.
Straus ct. al. DeKalb c. C. Motion to dismiss
SUPERIOR COURT.
Room Hon N. b. Taylor. judge
Catherine <. Eanalin Albert Calvin ct al;
Injunction. On trial by court
Room 1-Hon. D. W. Howe. Judge
Ira Collins ". Adolph Lepkrotz; account.
Dismissed.