The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-03-14
The Court Record.
SUPREME COURT DECISIONS.

:, 14lA. ,Abner H. Bowen VS.. Thomas c..
Brockenbrough, administrator. ct al. Tip
pecanoe 9. c: Affirmed. COtfey, 1.-THE
lntestate IN this case, at the time of his
held under written contract with appel
lee, White, for the purchase of the same,
White holding purchase money lien on
all of the land. After said contract of pur-
chase the intestate and wife executed mort
gage on 800 acres of the land, to appellant,
to secure loan. In a partition suit in 1886,
against heirs, in which neither White nor
appellant was party, the widow had one
fifth set off to her. The land set off does
not include any of the lands mOrtgaged,
but is subject to the purchase money lien.
The land remaining is sufficient to pay said
lien, but not sfficient to pay the lien and
the mortgage. Held, in determining the
equities between the parties. 1. That the
widow was entitled to an interest in the
land so purchased from White. 2. That the
lands set off to the widow are in no way
affected by the mortgage. 3. That appellee
has no right to compel White to resort to the
lands covered by his mortgage. 4. That if
the other lands were sufficient to discharge
both nens the widow was entitled to hold
her interest free from the liens.
1858. James ID. McAdams VS.. Uriah
Totton-Ohio c. c. Reversed, Elliott, c. j.
I'm an action for the recovery of the possess
sion of land. and damages for it's detention,
the defendant cannot defeat Judgment for
possession and damages proved by dis
claimer.
1864. Chicago g. C. Railroad Com
pany VS.. Maria Hedges, Adm'x. Fount-
ain c. G. Reversed. Mitchell, faction
for the death of Daniel Hedges. The ver-
dict was for the plaintiff, but, the special
findings show that the deceased approached
the railroad crossing where he could have
looked along the main track 200 yards, with
his head down; that he was probably Civ
ing attention to the engine which had
passed and stopped at water-tank, and
there was nothing to prevent him seeing
the detached train approach; that the de-
ceased was familiar with the crossing; that
he paid no attention to the Outcries of the
conductor on the platform of the depot
near by, or to those of the brakeman on
the second car forward. Held, that de-
ceased's conduct was negligent, and that
the judgment should be for defendant, not
withstanding the general verdict.
1897. Eva McNutt VS.. James T. McNutt,
ct al. Clinton G. G. Rehearing denied.
SUPERIOR COURT.
Room Hon. Napoleon b. Taylor, Judge.
Nora Fleming VS.. Citizens Street-rail-
way Company; damages. On trial by jury.
Il. III. Vanier VS. Albert Hitzelberger; on
account and notes. Cause dismissed by
plaintiff.
Room 2-Hon. D. W. Howe Judge.
Frances Cohen VS.. Charles L. Miller ct al;
suit for damage. On trial by jury.
Room Sion. Lewis c. Walker. Judge.
VIM. G. Hamilton VS.. Rosetta Dornberger;
note. Judgment for S1S0.67.
Rachael Calvin VS.. Scott Calvin; divorce.
Dismissed at defentant's costs.
First National Bank VS.. Henry G. Wilson
ct al; account Finding for defendants.
VIM. III. Brown VS.. Broad Ripple Gas
Company ct al; damages. On trial by a
jury.
Neto Suits Filed.
James H. Henderson VS.. o.. /. & w. Rail-
road Company; complaint for damages. De-
mand, 5000.
David Taylor VS.. Eli F. Ritter; suit on
note. Demand. $3.50.
State of Indiana ex rel. Sterling r. Holt
ct al. VS.. Caleb S. Denny ct al; petition for
mandate.
CIRCUIT COURT.
Hon. Livingston Rowland, Judge.
Elias Watts VS.. John b. Vollmer. Motion
for new trial Overruled.
Lewis Jordan VS.. Maria Archibald's es-
tate. Claim allowed, $50.
Jacob CrOne VS.. Louisville. New Albany
& Chicago Railroad Company. COmpro-
missed and dismissed.
Sophia Fry VS.. Lewark ct al; suit for
personal property. On trial by jury.