The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-17
The Court Record.
SUPREME COURT DECISIONS.
hon. J. A. s. Mitchell, Chief-justice.


hon. J. A. s. Mitchell, Chiefjustics.
13059 John S. Scobey ct al vs. John ID.
Walker. Decatur G. c. Affirmed. Mitchell,
c. IA landowner nay invoke the jurisdiction
of a court OF chancery for the purpose of arrest
ing threatened sale of his land upon execu-
ton issued against the property of q third per-
son. defendant who comedies that an execu-
ton sale which he is threatening to make would
result In no benefit to him, and that it might
embarrass and complicate the title of the plant
if, will not be heard to object to the jurisdiction
of court of chancery to enjoin the sale which
would be fruitful of no possible benefit and
which might be positively hurtsuL z When q
deed is found in the possession of the grantee.
he having produced 1t In evidence In support or
his title against creditor OF the grantor.
and there being evidence to show when it
delivered in fact, the law presumes it to
signed.
1904 Orie D. Wood ct al. VS.. James T Rob-
ertson ct al. Affirmed. Elliott, Twill: II
give and devise to my beloved wife the farm
which l now reside as we'll all of my other
real estate of which may die legally possessed;
also all personal property of whatever descrip-
ing her natural life, and at her death it is my
will that whatever remains of my estate.
whether real or personal property. in the hands
of my wife shall be equally divided among my
children then living and the descendants of
such may be dead, share and share alike,
taking into consideration all advaucements
which may have been made by me. l authorize
and empower her tshe WAS nominated execu-
trix1, if it shall become necessary in order to
pay my debts or to make advancements to my
children. to sell by private SALE the said prop
erty, etc. Held, that the testator intended to
devise to his wife estate for life, and to give
his children living at her death aud the descend
ants of such were dead, vested remainder.
Held. aiso that the power OF disposition con-
ferred would not change the effect of the will
upon property remaining in the possession of
the widow at her death Held. also. that the
1882. John R. Hall ct al VS. VIM FL Dur
ham. Montgomery e. G. Motion to dismiss
overruled. Howk, IA diminutiou OF the
record is not ground for dismissal of the appeal.
The remedy Is by certiorari 2. An appeal may
be taken in replevin suits originating before
justices which Involve less than 800 without re-
gard to tho exceptions in Sec. 632, r. s., 1881.
SUPERIOR COURT.
Room lion. N. 3. Taylor. Judge.
Catherine Hamlin VS.. Albert Calvin; from
Room g. Finding for defendant
Geo B. Yandes, trustee, VS.. Lyra Society; on
contract. Judgment for plaintiff for s548 IS.
Catherine Hamn VS. Albert Calvin. Find
ing and judgment for plaintiff for $50.
Albert Calvin va. Catherine Hamln; from
Justice Smock. Finding for plaintiff de-
fonda ut Hamin for $62 so; finding for other de-
PENDANTS.
Albert Calvin VS. Catherine Ham1in; posses
sion. Finding for plaintiff for $685. VS.. defend
ant Hamlin finding for other defendants
VIM. Hartman vs. Van Camp Company; on
contract. Verdict + or plaintiff for 1926.
Rebecca Kalb VS.. Indianapolis 6 Vincennes
Railway Company ct al; damages. Dismissed
at defendants cost.
r Boettcher Horace Haynes; on account
Finding for plaintiff for 1892. o.
Mary A. BarnhIll vs. James Barnhill: divorce;
abandonment etc. Granted to plaintiff.
Elizabeth Stevens Va Alfred Harrison ct al !;
to quiet title Finding for plaintiff.
George W: Empty pi vs., Oscar s Tnrrsl on sale
The Marmet Company VS.. George f. Burn
ham; on account. On trial By court.
Room 2-Hon. D. w. Howe, Judge.
Anna Singer va Lewis Reiboli; damages. On
trial by jury
Geo B. Yandes, trustee, VS.. Catherine Dantzer
ct al Motion for new trial overrnled
Room s-Hon Lewis @. Walker. Judge.
Hiram j. Cahill vs. Louisa Stringer ct al; to
set aside conveyance. Jury returned special
verdict.
Frances Swestser vs.. Daniel D. Brosnan ct
al; damages. On trial by jury.
NEW SUITS FILED.
George L. Jones John C. Parr; complaint
for damages. Demand. 81, 800
Harvey B. Fatout VS. Zachary r. Thomas ct
al; comp amt to qniet title to real estate.
Elijah Jones VS.. Matqe Jones; complaint for
divorce. Allegation. abandonment.
Angeline Mcmillan Milton K. Alexander
ct AL, complaint to have title to real estate
ouieted
Robert Law vs. Frederick Miller ct AL; COM
plant account and for the appointment of q
receiver Demand, 5000.
Henry Hermann vs. Thomas NJ Dickson ct
al; complaint on account. Demand. $I10.
CIRCUIT COURT.
Hon. Thomas L. sullivan, judge
Creditors VS.. Daniel J. Brosnan; search for
assets Cause continued.
Mary Reed VS. Dennis Devine; paternity suit,
Compromised and dismissed.
CRIMINAL COURT.
Hon William irwin, Judge.
State vs.. Wilev Embers and Edward Lewis.
petit larceny. Trial by court, and allowed 20 90
on good behavior.
State Fred Lewis; patti larceny Trial by
court Found guilty and sentenced to peni-
Tertiary for one year.
State vs. George Rose; grand larceny Trial
by court Found guilty and sentenced to peni-
Tertiary for one year
State Jonn Wagner; assault and battery
with intent 90 kill Petition Co take depos,tions