The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-21
The Court r.. sc.,rd.
SUPREME COURT DECISIONS.

SUPREME COURT DECISIONS.
Hon. J. A. 5 Mitchell. ,chfef-Justce.
1876. Joseph J. Dwengei. ct al. VS. John
Geary ct al. T,ppecanoe Z e reversed FL
body of his SOD. who Was not IN good standing
in the church. IN a lot held uudel' a license from
the sepulture only of Catholics good standing.
g Where land is conveyed to De used as
burial place by members OF catholic church,
and Immediately after the execut ION OF the deed
possession aud control is assumed By the bishop
of the diocese and local priest, ard they ny the
ordained rites OF the church dedic ate the ground
as church burial-plsce, the cemetery passes
under the dominion of the church although 1t Is
not conveyed to il in trust and there Is no cor
poration, and such officers may mali italn an In
Junction suit against one who thrGateaas to bury
in such grounds contrary to the regn iations OK
the church.
1925 Leslie D. Thomas admir-. Va William
H Merry. Vigo G. G. Affirmed H0wk, d.
Complaint by appellee that the estate of Samuel
Merry. appellants interstate, was ina o1eo 70
appellee in the sum of ST, 400, and interest
amounting to 81. 200; that in 1860 apueluee con-
veyed TO said Merry certain real estate I'm con-
sideraton of IS. 0O0 TO be held In trust lor ap,
pelee: that by agreement between appel &c and
said Merry the latter conveyed said rec ity to
one Mattox for 81. 400, and kept the said sum
under such agreement for the benefit OF apr ellse
that there were certain credits set forth The
trust arising under the last agreement IN ftsvor
of appellee q trust relating to personal es-
sres.ea BY parole The facts we're suaioh.n
to constitute a valid claim against the estate AZ
transcript of the record OF an adjudication that
the decedent mad received the proceeds OF tbs
sale of certain property upon his agreement to
hold in trust was competent that being con-
trolling question in this case B. The trust
was a continuing one, and the statute of limita-
tons begins to Gun in such a ca Sc only from the
time when it is openly disavowed by the trustee
who insists upon the adverse rient "h'ch Is
1000. Butler University VS.. Martin Scoon-
over. Tippecanoe S C. Affirmed Mitchell,
c. J-When a contract recired that the
had All
subscription to the endowment fund OF unlver-
sity loan. such obi is not estopped to
show that he subscribed for stock, and
this being shown the agreement Is nudum poe
tum.
VIM Schultz Decatur c. {. Affirmed Zol-
lars, j.
SUPERIOR COURT.
Room 1-Hon. N b. Taylor. Judge.
Frederick Shear VS.. John Mendenhall; DAM
| ages Verdict for defendant
Andrew J. Shull VS.. John D. Carton; feplevln.
| Cause dismissed by plaintiff.
Chauncey Butler vs. JACOB Enrlsman; account
On trial by jury
Room 2-Hon. u. w. Howe. Judge.
w q Patterson VS.. Nancy Noble set al; suit
to set aside conveyance of real estate. On trial
| Robert Catterson, receiver, vs. Milton Pouder;
| suit on account. On trial by court.
Room 3-Hon Lewis G. Walker, Judge.
| Thomas j. Morse VS.. Anna A. Burk ct al /;
foreclosure of mechanics lem. On trial oy Jury.
F.! al; foreclosure of mechanics leu. Jury re-
| turned special verdict
NEW SUITS FILED.
IS &M. Peekham VS.. Frank H. Selden;
complaint on account. Demand, 1890
| J. s e NJ Peckham jeremiah Weakley,
| COMPLAINT on account Demand, $714 SO.
The Pennsylvania Railroad Company VS.. John
p Green, trustee; suit TO quiet title and for re-
straining order.
| Daniel Warden VS.. John w. Thomas eft al;
| snit to foreclose nc-tgsAe Demand, 5000
indianapolis Man efacsu.- ers Union VS.. Albert
Hitzelberger; complaint on note demand,
$500.
CRIMINAL. COURT.
Hon. VIM. A. Irwin. Judge.
State vs Charles Nicewonder; burglary and
petit larceny. Trial by court Found guilty
and sentenced to the peniteD.tiary for SIX years
State Vs. Francis Shade; grind larceny: Trial
| by court. Found guilty and sentenced to the
penitentary for one year ;,
state vs. Ella Loftin; horse-sa ealing Pleaded
guilty and sent to the Female Reformatory fos
two years
State VS.. VIM. Williams petite larceny. Mo-
ton for new trial overruled and Judgment rem
dered verdict
State vs. Abraham McCleland; assault and