The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-05-22
The Court Record.
SUPREME COURT DECISIONS.
Hon. j. A. 8. Mitchell. Chief-iustice.

o- hs W uitcnCtis hhtl
1876. Robert r. Davis vs.. John L. Ruhe,
trustee, ct al. Wayne {. G. Reversed. Mitch
el, G. J.-Suit by the purchaser to recover the
rents and profits Of land, during the year for re-
demption when the sale took place in 1884 on
judgments recovered in 1880 on simple debts
that is swo-thirds of such rents and profits; the
creditors wife being entitled TO one-third there
OF. The act Of 1881, tR. S. 1881, Sec 1911 un-
like the earlier act OF 1879 on the subject of re-
demption, does not provide that tho owner or
occupant Of the land during the time 1t is sub
ject to redemption, shall be liable to the purcha-
ser for the reasonable rents and profits thereof
In case it is not redeemed. The act il declared
Co apply to all sales made after its passage. The
court below went upon the theory that
In respect to contracts made while the act Of
1879 was in force rents could be collected not
withstancing the provision in the act OF 1881 in
regard to sales. and the later act was, therefore,
an impairment of the obligation of contracts.
A simple creditor, even though he may have re-
duced his claim to Judgment, has no eontractual
interest or estate in the debtors land. To re-
quire a purchaser of such real estate to conform
TO the terms Of the redemption OF the property
purchased az prescribed by the statute in force
at the time Of the purchase does not, in any
legal sense, impair the obligation of the con-
tract which forms the basis of the judgment
upon which the sale was made.
1904. Nathan Mayer OF el. vs.. Jacob Feig ct
al Elkhart G. G. Affirmed. Niblack, Jan
agreement between the mortgage and mort
gageor in a chattel mortgage that the latter
shall continue in possession Of the mortgaged
property and sell aud dispose of the same in
the usual course Of business, the net proceeds to
be applied in discharge of the mortgage debt,
does not create either a secret or an open trust
in the property in favor of the mortgageor.
When such an agreement has been entered into
and the morteageor fails, either in whole or ia
part, to apply the proceeds accordingly, the law
will make the application when necessary for
the protection of the interests of other creditors.
It is only when the mortgageor is authorized to
dispose of the property substantially for his
own benefit that in such a case q trust 10 Great
ed for his own use.
14202. John r. Mercer vs.. Rebecca Mercer.
Rush c. @. Affirmed. Elliott, J.-Complsint
for divorce, charging that the defendant, for
twelve years, treated the plaintiff in a cruel and
inhuman manner; that he has struck, kicked
and choked her, and that he has neglected to
secure for her medical attention in her illness,
or TO give her any attention himself. Held suf6-
cient as charging cruel and inhuman treatment
within the meaning of the statute.
1902. William Baughan ct al. vs.. John
Baughan. Delaware c. c. Rehearing denied
1887. Sethoranus Mcdonald VS.. Caroline
Mcdonald. Lagrange G. G. Dismissed.
1887. State ex rel. VS.. Andrew j. Dillon.
Fulton c. G Motion to dismiss overruled.
SUPERIOR COURT.
Room I-Hon. N. b. Taylor. Judge.
John T. Malone vs. John R. Foil; from
omOck, ~. T. DiSmlbScQ Uy pioiutiu.
August Richter vs. Elizabeth Inflow ct a.; to
quiet title. Finding and Judgment for plaintiff,
quoting title.
August Richter We. Annie NJ. johnson OF al; to
quiet title. Finding and judgment for plaintiff,
quietine title.
Charles o. Terhuns vs.. Laura Terhune; d.
vorce. Dismissed by plaintiff.
Room 2-Hon- ID. w. Howe. Judge
VIM. NJ. Dickson vs. Charles B. Paul; con-
tract. Tried by jury. Finding for defendant.
Silas II. Mozinger Va. VIM. NJ. Levy ct al;
suit for wages. On trial by jury.
Room s-Hon. Lewis @. Walker. Judge.
James F. Darnell ct al. va Arthur L. Wright
ct al; foreclosure. Judgment for 5 l.637.04.
Rosalind NJ. collars VS.. Bernard j. Archibald.
Verdict for plaintiff for s., 347.
NEW SUITS FILED.
James Sylvester va The Town of West In
dianapolis; suit for damages. Demand. $500
Louisa Maria Isabella Rivers VS. Frederick
William August Rentsch; suit to have real estate
conveyance set aside.
MIN COURT.
Hon. William Irwin. Judge.
State VI Henry Parnell; petit larceny. Trial
by court. Under advisement
State vs. John Miller; grand larceny. On trial
by court