The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1891-04-01
The Court Record.
SUPREME COURT DECISIONS.


1475O. Elmore Weaver VS.. James Shiplcy
ct al Tippecapoe G. C.. Affirmed. Miller.
J.-Where parties made n parol contract
for the lease of lands for the period of ten
years and tile land to DO let was identified
and pointed out and afterwardsin attempt
failed to sufficiently describe the land and
soon afterw ards the lessees took possession
of the same and made valuable and lasting
improvements upon faith of the agreement
held that the contract. resting partly in
writing and partly in parOl, was in law n
parol contract, but that the parties having
themselves put practical construction on
the contract and the premises having been
taken possession of and occupied under the
lease by the consent of both parties. the
contract was taken out of the operation of
tine statute of frauds.
1883. James A. Scott va. Laura Harris
ct al. Wayne g. g. Affirmed. Odds, &. j.
A voluntary conveyance of land by par
ent to a ci-ld Is presumed to have been In
tended as an advancement. and the burden
of proof Is upon the party claiming it to be
anything else. 2. In an action for the par
tition of real estate between the widow and
children the court, in the interlocutory
order and judgment, can do no more than
fix the amount to be charged against O CO.
tenant as an advancement, and the COM
missiOners appointed to make the partition
make the appOrtioninent of the land be-
tween the tenants, deducting from the
to such tenant The commissioners in max
ing partition in any case apportion and set
apart to each tenant by metes and bounds
the portion in value to which such tenant
Is entitled. and where there are advance
ments to be taken into consideration thew
ascertain the value of tho land to be pa rti-
toned together with the advancements to
the tenants, and apporti0n to each tenant
his share of the real estate. If by reason
of advancement tenant IS entitled to no
NJ ho oil at ta hap
the same between the other tenants.
1859. Samuel Powers VS.. Lucinda Nesbit
ct al. Grant G. c. Reversed. Elliott. j.
Upon q sale under an order In bankruptcy
rupt became vested. 2. When the title
to property was in issue, and the court de-
creed the plaintiffs to be the owner, the
fact that partition was also asked does not
preclude the defendant from asking for q
new trial. as of right. ~
1902. Michael Mclaughlin va. James
Etchson. Madison G. c. Affirmed. Nc
Bride, J.-When Judgment is erroneous
but not void a writ of habeas corpus will
not lie. 2. 1t is the duty of q justice, il o
or replevy fine. TO commit hum to JAIL but
if for any reason this ID not done he NAV
thereafter issue a mittmus
1850. Frank Schlotter VS.. State ex rel
Serena Croy. Noble G.. c. Reversed
Coffey. IA charge by counsel, in argu-
ment, that q witness had served a term in
the penitentiary, without any proof TO sus-
tain it, upon objection, ID reversible. error.
where the court did not correct. Q. An
application by party TO postpone q trial
because of an absent witness not suD-
ported by affidavit tSec. 4l0, X. ST. was
properly ilisregarded.
l4S24. Samuel I. Woman VS.. Noah H.
Swayne. Marion s. G. Dismissed.
l50SO. Herald News Company VS.. Martin
o. Bartlett ct al. Jefferson G. c. By agree
ment Judgment modified in part and af-
firmed in part
1857. John E. Williams. Administrators
vs. Mary j. Harris ct al. Davis c. c. Dis.
' 1915. Sidney Walter vs.. Harvey Tn,
Administrators. Steuben G. C. Certioisri
i4754. Thomas R. Paxton Va. John R
Stearn ct al. Gibson c. C. 2chearing de-
MED.
1454O. William r. Carnahan ct Al va
Frederick Schwab. Noble C. G. Rehear-
ing denied.
1872. John E. Moore, Executor va I ott,
Baker. Hamilton G. T.. Rehearing and
application for leave to appeal denied
1875. Mary A. Klinger va CATHERINE
Smith ct al. Boone T.. G.. Motion tn dism;s ~
overruled, and leave granted To amsnd ss
signment Of errors In ten days.
APPELLATE COURT DECISIONS.
| A. C. No. IL -. g. No. l4691,. VIM u
| Hamrick Va. Martin A. Barnett ct nj. Han
bricks Z. G. Affirmed. Black. G. -
| One Of two makers Of joint and severe