The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-06-13
The Court Record.
SUPREME COURT DECISIONS.
Hon. w. z. Niblack, Chief-iustice.

1875. Louis Pehlman vs. State. Tippecanoe
c. C. Affirmed. Niback. C. J.-Where jury
10 criminal case we're allowed to separate unon
agreeing on . verdict, and return their verdict
sealed and mon reassembline the verdict 10
found to Be defective. the jury may be required
TO retire TO their room and make the proper
amendment or correction.
1929 John B. Alvey vs. Edward Reed.
guardian. Vigo G. G. Affirmed. Elliott, j.
An infant who enters into a CONTRACT, and re-
-ceves the benefit ther~from. Is not estopped
to plead his disability and avoiding his contract
"A mechanics lien cannot be acquired against
the property OF al infant
5 1925. Herman F. Carpenter ct al vs.. Isaac
N. Cool DeKalb C. c. Reversed. Howk j.
Suit by appellee to have judgment recovered by
him against appellant Rush set off against
JUDGMENT recovered against him bv Rush. who
had prior to the recovery of appellees JUDGMENT
assigned bis Judgment to appellant Carpenter.
Appellants cl aim that Rush's Judgment was
part of his exemption, and, therefore, appellee
could not assert any right to set OF. The
! court found specially that Rush was house
to execution. aud concluded that the plaintiff
was entitled to the set-off. Held. no error.
1887 Josiah Outland ct al Va. Joseph A.
Bowen ct al. Wayne c. c. Reversed. Mitchell.
daueh liter for the express consideration Of $500.
but stipulated: ''The condition of the above
deed il such that il the said r E. B. fgrand-
dauehterl should die. leaving no child or chill
by sale, is to fall back to the lawful heirs of j.
B. ierantor. and also. should tho guardian OF
the said R. E. B. see fit to sell the above land,
be can by sppropriatine the proceeds OF the sale
TO the uses of the said R. E. b.. while she may
live, and then apply the balance If she should
die without heirs of her body to the heirs of }.
B." The grantee married appellant. Outland.
and died childless, leaving him and her mother
her heirs. Suit between these heirs and those
describing themselves as the lawful heirs of the
a<r~n fho pa e. h. 1aNd Hal
that the estate created in the grantee was not
one which at common law Was an estate tail
Held, also. that tho limitation over to tho lawful
heirs OF the grantor. whether considered a. q
mainder is void Held. also, that the estate In
the first taksr became yesssd fee simple.
1l943 Abraham Hol!croft rs. Jackson Doug
las. Clinton C. C. Reversed. collars, j.
When . party claims that ehsriffs sale 10
void and ssked that IL be so declared, and that
the lots sold be subject to execution in satisfae-
ton of his Judgment, il he fail to show that his
judgment could not be collected on an ordinary
execution 1t 10 bad. The law will not sanction
. resort to an extraordinary remedy for the col
lection Of . judgment when IL may be collected
by an ordinary execution and especially when a
resort TO such remedy will cause loss to third
persons. 2. A SHERIFF. sale will not be over
thrown on account OF irregularities in an action
BY a Judgment creditor.
l4098. W. O. Geiss VS. Franklin Insurance
Company. Posey G. e. Motion for certiorari.
14l51. Susannah Balew VS. Lewis B. Roller
ct al. Upton e. =. Cause reipstated.
SUPERIOR COURT.
Room Hon. N. b. Taylor. Judge.
Edward Frances W. George o. Taylor ct al;
on contract On trial by jury.
May Owens Us. William II. Owens; divorce.
Dismissed at defendants costs
Room 2-ron d. w. Howe. judge
James NJ. Cropsey Frank Grubbs ct al.
Judgment for plaintiff for SlC0
Jennie Jennings vs.. Levi Jennings: divorce.
Granted plaintiff on grounds of abandonmsnt
Robert Remington vs.. John B. Stumph; dam
ages. On trial By jury.
Fannie l.. Johnson We. Petsr L. Neglsy; on
note. Dismissed.
Room Sion Lewis q; Walker, Judge.
Sophia Betzuer VS.. Charles Gilliland ct al; to
set aside conveyance Finding for plaintiff
Walter Kessler VS.. Oolitic Quarry Company;
intervening petition of s. o. Pickens. Finding
for defendant
WOODBURY. Sarven Wheel Company. ct al, VS..
indianapolis Agricultural Association; account
Judgment for $243 90
Sarah Russell VS.. David Russell: divorce.
Granted on erouods Of failure to provide.
Allen. Owens VS.. Nancy Owens; divorce.
Granted on grounds of Abandonment
divorce: Granted on grounds OF abandonment.
Geo. w. keyser vs. Archibald A. Young; &C
count On trial by the court.
NEW SUITS FILED.
Frederick G. De Ford vs.. AllisouyilIe aud Fall
Greek Gravel-road Company; complaint on 90
coun. Demand e 0O0
Mary C. {. Weslipe W. Christian f. Wesling
ct al; petition for partition of real estate
Henry a. Lee W. Joseph Schloss; complaint
on account Demand $500.
George Hilz OF a ". Joseph Schloss; com
plant on account Demand. $175.
CRIMINAL COURT
Hon William irwin. Judge
State VI. A. n Alexander; forgery. On trial
by jury.