The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-09
The Court Record.
SUPREME COURT DECISIONS.


Hon. J. A. s. Mitchell. Chief-justice.
1862. Charles Roehle, administrators. VS..
Barbara Hanmesser. Fayette g. &. Affirmed
Mitchell G. IAN oral contract OF one to de.
wise onehalf OF his estate to another, in general
terms, like devise applies to such property OF
all kinds. as the person agreeing to make the de-
wise may have left subject to disposition by will
devise at his death. Such contract Is sufficient
to support action for damages for its breach,
and it is necessary to set out in the COM
plant a particular description of the prop
2. A person may make valid contract
binding himself to mako a particular DISPOSE
tion of his property by last WILL The only in
quiry which the law justifes in such case is as
to the validity Of the agreement. and whether Or
not it was fairly made, and Ia reasonable and
not against public policy. If such an agree
frauds, or if it has been performed in such q
manner rs to take it out of the operation OF the
statute. action for specific performances or
damages may DO maintained The statute of
frauds may be satisfied If the contract can be
extracted from letters written during the course
OF correspondence through which the nego-
tiations were carried on.
1905 The Sinker- Davis Company vs.. Eli
Gre en-. Hamilton, G. G. Reversed. Elliott, j.
The note and mortgage in this case import
consideration and The burden is on the appellee
(nnortgageor) to show either want or 2 failure
of consideration to defeat the note, and this,
judging by the special finding, he has failed to
do. When the special finding is silent on
point essential to the cause of action or defense
the party having the burden suffers
l2l7L Charles c. Binkley We. John L. Fork
ner ct al Marion s. c. Affirmed. collars, j.
In q suit to foreclose a mortgage the owner of
the property must be made q party. and in case
of his death, his heirs or personal representa-
tives.
SUPERIOR COURT.
Room Hon n. b Taylor. Judge.
Henry Pfeifer VS.. Nora q. Pfeifer divorce
Cause dismissed by plaintiff.
VIM. w. Wooden. jr.. administrator. vs.
Joshua Langsdale; ejectment. Judgment for
c. D. Rogers VS.. Indiana Insurance Company;
on policy. On trial by court.
Room Zion. ID. w. Howe. Judge.
Newark Machine Company vs. Greenley B.
for plaintiff for s439. Is.
Robert G. Light John W. Churchill cor
tract Trial by jury. Judgment for plaintiff
for s75.
Frank McWhinney VS.. Edward Bowlss ct al.
suit to quiet title. Title oueted.
William Valberding Us. Charles Bauer; dam
Trial by court Judgment for plaintiff
Room 81 Hon. Lewis C. Walker, Judge.
John C. Ertel vs.. Waldo T. Davis; note and
chattel mortgage. On trial by court.
Catnarine A. Ross VS.. Cyrus 81. Ross; at
tached for failure to obey order of court.
NEW SUITS FILED.
Robert Browning ct al. vs.. Louis S. Burton;
complaint account Demand. $50.
Phoebe Duncan William Wells ct al; COM
plant for possession Of property and damages.
Demand $50.
L. D. Hunsinpellsr VS.. L. c. Butler; complaint
on account Demand, $780,
William Wallace. receiver, vs. Melviua Hol-
land ct al; complaint for foreclosure of mortgage.
Louisa DEVON vs. Patrick DEVON; complaint
for divorce. Allegation. failure to provide and
cruel treatment.
CRIMINAL COURT.
Bon. VIM A. IRWIN. Judge.
State vs. Matte Hans provoke. On appeal;
trial by court Acquitted.