The Indianapolis journal., 1891-01-12
THE COURT RECORD.
SUPREME COURT DECISIONS.

1880. William l.. Carnaban ct al. VS..
Frederic Schwab ct al. Noble G. c.. At
frmed. Berkshire. ia mortgage may be
executed in good faith to secure bona fide
debt. although at the time the mortgageOr is
insolvent and contemplates making an
signment, of which the mortgagee has
knowledge, and which assignment follows
the next day, and may be enforced as valid
is not carried into the assignment. 1t is a
question Of fact whether it is good-faith
mortgage or not.
14545. Milton Pouder VS.. Robert Cater
son. Receiver. Marion 3. C. Affirmed by
the court. The opinions reported herein
as by the court were prepared for the court
by the late Judge Mitchell, and express the
views and Judgment of the court when
property has been wrongfully taken from
the possession of receiver. or where one
holding under him as lessee or tenant re-
fuses to surrender he is entitled to main
tain an action to recover possession in his
own name without an order of court.
14615 Lucy Davis VS.. Emily Hutton ct
al. Montgomery T.. G.. Reversed. Coffey,
J.-Where the wife of an insane man is not
party to proceeding by his guardian to
sell real estate to pay debts. her interest
was not barred. 2. The fact that the guard
ian paid the balance of the purchase
money on the land would not affect her
right to one-third of the whole tract; how
ever she cannot take part of the improve
ments made between the date of the guard
ian's sale and the death of her husband.
1869. Martha o. Lostutter VS.. City of
Aurora ct all Dearborn c. e. Affirmed.
Elicit J.-Where well was dug in street
by an abutting lot-owner it may be taken
charge of by the corporate authorities and
made fit for public use. so maintaining 1T Is
15935. David A. PurvIance VS.. Julia A.
Emley. Huntington c. c.. Affirmed. Nc
Bride, J.-When q wife joins in q mortgage
on her husbands lands she is entitled to
have two-thirds Of such land exhausted be-
fore selling the remaining third. BY join
ing with her husband she valves her right
as against the mortgage, but such waiver
cannot be taken advantage of by other
creditors, and such creditors cannot sub
ject any balance of such one-third to the
l4725. Ann Barnes VS.. Christian Zercher
ct al. Perry T.. G.. Affirmed. Olds, c. j.
Town lots were offered for sale by sheriff.
first rents and profits separately, then In
groups. then the fee e-simple separately; and
appellant bid on each lot, but the aggregate
was not sufficient TO satisfy the judgment,
and they were then offered in gross and bid
in by appellant through her attorney, who
asked for few days time to notify his
client and raise the money. which was re-
fused. Held. that the sale was valid.
14743. Montgomery County Union Agri-
cultural Society VS.. Alfred Harwood ct al.
in an action for breach of contract by
an agricultural society. whereby.the plaint-
iff rented q small piece of ground for q
huckster- stand, and there was to be no
competing stand within designated limits,
the measure of damages is the difference in
the rental of the ground unoccupied by
competing stands within the designated
limits according to the contract and Occu-
pied by competing stands. as 1T Is alleged
to have been. Profits which the plaintiffs
would have realized upon goods they did
not sell in consequence of the opposition of
rivals Is mere speculatlOn.
1928. Alonzo q. Burkhart vs.. Tilford
Ogle. Upton Z. c. Affirmed by court.-A
it is not presented by the record. the court
does not feel at liberty to decide it.
l465s. Benjamin Wolf ct al. VS.. Gather
inc Zimmerman. Wabash c. G.. Affirmed.
Elliott. J.-Appellee and her husband exc
cuted to appellants a mortgage on two
parcels of land. one of which was owned
by the husband and wife jointly, the other
by the husband in severalty. This mort
gage was executed to indemnify appellants
as sureties on note executed by the hus-
band. At the time the mortgage was given
there were two purchase-money mortgages
on the land; one of these embraced only the
tract owned by the husband, the other en-
braced both tracts. The purchase money
mortgages pressed payment of their liens
and the mortgageors borrowed $1,000 to dis
charge these liens. 1t was necessary to have
the indemnifying mortgages released 70
secure this sum, and 1t was agreed If ap-
band would execute junior mortgage and
assign the note in suit, which was done.
Held: That the contract of appellee was
one of suretyship and not enforceable.
1886. Cincin natl. ETC.. Railway Com
pany vs. John NJ. Roesch. Decatur c. G..
| Affirmed by the court-Action by an en-
| ploye for personal injuries. The verdict
| will not be disturbed on the evidence.
| 14504. William Il. Mclean ct al VS..
| James Lowe. Jasper c. c. Reversed
Olds, c. J.-Appellee sold Brady some
stock, and they went to appellants bank.
| where q draft was drawn By Brady on
commission merchants in Chicago and the
cashier placed it before appellee and said
to him il was all right. and requested him
to indorse il, and he did so and received
the money on it. There are no facts
| found showing bad faith on the part of
appellant. Held that appellee was liable
| as an indorser.
| 156Ss Catherine j. Bowen ct al, VS.. VIM
X. Stewart. Administrators. Carroll &. C.
| Affirmed. Berkshire. ia proceeding tc