The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-20
The Court Record.
SUPREME COURT DECISIONS.


Hon. J. A. 8 Mitchell. Chief justice.
1860 Joseph Strohm ct al. vs. Magdaiena
Good ct al. Elkhart c. G. Affirmed. Elliott,
J.-In 1888 Mrs. Good owned a parcel of land:
and on April 81 she and her husband entered
into a written contract with Joseph Strohm
wherein she agreed to sell and convey it to him.
Part Of the consideration was a promise on the
part of Strohm to assume and pay mortgage
previously executed by Mrs. Good. The con-
tract was subsequently modified so that Strohm
was to receive deed when he had paid half the
Good covered other land than that sold to
Strohm, and, desiring to remove the incum-
brance such land, she orally agreed with
Strohm that. if she would pay the mortgage
debt, he would when,the first note evidencine it
became due and the deed was ready for
delivery, pay one-half the mortgage debt
and execute a mortgage for the remainder
upon the real estate conveyed to him. Relying
on Strohms promise, appellee caused her agent
to paw the mortgage with his own money, agree
ing with him that he should be paid in accord
ance with Strohm's contract Strohm requested
that his wife be substituted as grantee. which
done in the deed of Mrs Good. Mrs.
Strohm had full knowledge of the contract
above set out, and paid no consideration.
Strohm repudiated his promise. and refused to
pay one-half the mortgage debt or execute a
mortgage for the remainder. Held: That as
the cause OF action WAS founded on a failure to
pay the purchase money, a vendors lien would
arise which equity would keep alive for the pro-
lection of Mrs. Good and enforce it against the
land in the hands Of Mrs. Strohm
1906. James Blake VS.. Virgil Quiyey ct al.
Marshall C. G. Reversed. Mitchell c. IA
remonstrant valves his right to file a motion to
dismiss the report of drainage commissioners on
account of their failure to file their report at
the time appointed by appearing to the report
when it was filed and by challenging asking
leave to challenge its merits by remonstrance.
1876. State ex rel. Abraham Cohen ct al VS..
Matthew Clark ct al Daviess c. 9. Dismissed
under Rule IL.
SUPERIOR COURT.
Room l-Hon. N. b. Taylor. Judge.
Catherine u. Hamlin VS. Albert Calvin ct al;
Injunction. Under advisement.
Frederick Shear John Mendenhall; dam
ages On trial by jury.
Robert Anderson VS.. James A. Everett; ac-
count Cause dismissed by plaintiff
Room 2-Hon. u. w. howe. Judge.
Robert N. Lamb, receiver. vs.. George W.
Spahr; note. Verdict for defendant
Antoney Scheneke vs. The City Of Indianap-
oils; damages. Dismissed by plaintiff.
, Hqem s-HOn LEWIS Cs.t e. W !, 4 judge :,
mechanics lien. Jury out.
NEW SUITS FILED
A G. Harris, trustee VS.. Berry n. johnson;
complaint to quiet title.
John p. Avery VS.. Hiram Stone: complaint
and affidavit in attachment Demand, 8, zoo.
CRIMINAL COURT.
Hon. VIM. A IRWIN. Judge.
State VS.. John Huddleson; assault and bat
terry with intent to kill. Trial by jury and ac-
State VS.. John Harper; petit larceny Pleaded
guilty and sentenced to the penitentiary for one
year
State VS.. Frank Connect; petit larceny.
Pleaded guilty and sentenced to Reform School
for one year.
State VS.. Richard W. Cotton; burglary and
petit larceny. Pleaded guilty and sentenced to
the pententiary for eight years.
State vs. Laura Jones; petit larceny. Pleaded
guilty and sentenced TO the Female Reformatory
for one year.
State Alfred Shobe; grand larceny. On
trial by court.
State vs. Charles Lewis. grand larceny. SUI
preme Court reverses decision of lower court