The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-25
The Court Record.
SUPREME COURT DECISIONS.
Hon L A = AIi4chalI Chiafinsficn


Hon. j. A. ). Mitchell. Chief-justice.
1850. Rufus Il. Syfers ct al. vs.. Nelson
Bradley ct al Hancock c. q. Reversed. Nib
lack, IAN officer making levy personal
property must exercise due care for the protec-
ton OF the mortgagees interest in the property,
aud he is not permitted to do anything which
has the effect OF diminishing the value of the
property as security for the mortgage debt.
The property cannot be sold in parcels. but
when consisting of separate articles il must be
sold together, subject to the mortgage Neither
can such officer rightf1liy DO anything to inter
fere with the sale of the mortgaged property
where the mortgage is empowered to sell ii.
The delivery of an execution to az officer with
directions not TO levy IT Is equivalent TO no de-
livery, and hence creates no lien on the personal
property of the execution defendant. A direc-
tion, therefore. not to levy for specified time
suspends the lien during the time. A mortgage
who purchases the property at public sale will
be- considered the owner as long as the sale
stands. When officer holds execution
until after the sale levy then in too late to be
effective to disturb the mortgages who were
the purchasers.
1850. Hiram Towers ct al. vs. Elizabeth
Smith ct al Huntington c. G. Affirmed.
Mitchell, c. J.-If any essential part of clause
is exclusively of equitable coRnizance the whole
is drawn into equity. Suit to set aside fraud
ulent conveyance to wife, The tax-list of the
husband was not competent original sub
stantive evidence to show the value of the prop
erty listed, but 1t was competeut against the
lister for the purpose of showing the particular
article of personal property, or Items of credit
or taxables owned or claimed By him at the
time the list was returned. It was also com
potent for the purpose OF impeashing the de-
fendant's testimony given before the court.
1929. State ex rel. Geo. K. Poyser ct al. VS.
trustees of the Salem Church of the Methodist
Society. Noble G. G. Affirmed. Howk, j.
Duties imposed on a corporate on not by virtue
of express law, nor by the conditions of its
charter, but arising wholly out OF contract rela-
TONS will not be enforced by mandamus, since
the use of such writ is limited tc the enforce
ment of obligations imposed by law. When the
duties of a corporation or of its trustees grow
out of or result from matters of contract, writs
of u andate will not lie against the corporation
or its trustees either in their corporate capaci-
~ or as individuals to compel the performance
of the contract. but the party aegrieved will be
left 10 the ordinary remedies, eitaer at law or in
equity.
1921. Al Hodgin. ct AL vs. Calvin Bryant.
Hamilton. c. G. Affirmed Elliott, J.-When
TWO persons colluded for the fraudulent pur-
pose of obtaining the plaintiffs property aud de-
frauding him out of part of the purchase price
by having a colorado sale made TO insolsent
man. they are liable to the extent of the unpaid
price of the horse When there formed
design TO obtain the property for one OF the col
luding parties by the fraudulent pretense that
the other was the buyer, and to evade payment
by the device OF causing the plaintiff to take the
note of the latter person, who was insolvent, it
is not q case of one representing the so.vency
OF another, and not within the statute of frauds.
SUPERIOR COURT
Room l-Hon N. ID. Taylor. Judge.
Eatley S. Campbell, administrator. VS.. In
dastrial Life Assurance Company; on policy.
Cause dismissed.
VIM. j. johnson vs. Ida A. Joanson; divorce
Granted plaintiff on proof of adultery.
City OF indianapolis VS.. Joseph Palmer; vio-
lation OF ordinance. Under advisement.
VIM. II. Evans vs. Daniel d. TanWie ct al. !;
on NO. notes Finding and Judgment for plaintiff
Albert ssallard vs.. c.. L, St. f. s C. Railway