The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-06-10
The Court Record.

SUPREME COURT OPINIONS.
1921. Alfred Barden ct al. VS.. Frank Over
myer. Fulton e. e.. Affirmed: Hackney.
J.-Where q deed recites 1T is expressly
declared and understood that this deed is
made to the grantees In joint tenancy
and TO the survivors OF them. 1t Is further
understood that In case of the death of 5.
Il. her children are to inherit her interest"
Held that upon the death of either grantee
the property went to the survivor. 2. An
equitable estOppel never arises without
proof that q wrong has been done or Is
threatened on the one side aud injury suf-
fered or reasonably apprehended on the
other.
l6O33. Z. a. r. Railroad Company va.
Tyre A. Henderson. jackson 9. Gre
hearing denied.
APPELLATE COURT OPINIONS.
721. Otto Durre ct al. VS.. Amelis O.
Brown. Perry c. G.. Affirmed. Lott. j.
The omission in complaint to review OF
the day of the month on which the jud e
ment was rendered does not make the CON-
plant bad. 2. If an application to vaoate
q judgment is made at the term when the
Judgment was rendered no notice is neces-
sary. After the term is closed notice is neces.
sary. 3. A defendant to the original suit
on account WAS not necessary party to
the action to review.
626. Town of Monticello vs. Thomas r.
Kenard. Cass 9. G. Affirmed. Gavin. G.
Jan obstruction two feet high and ocou-
plying eight feet of ground In principal
street of a town. within one block of the
business center imposed duty upon the
town of removing 1t during the three days
prior to the iDjury caused thereby to
plaintiff. and for failure to do so it was
liable.
e42 Indianapolis Cabinet Company ve.
Henry Herman. Marion s. G. Affirmed.
DAVIS. J.-Where the language is uncertain
or ambiguous it is proper for the court in
constituting the conduct and the rights OF
the parties thereunder to CONSIDER the sit
Of M IN nj
execution of the paper and their ubse-
quent conduct under it. as giving prac-
tical construction to IL.
74S James Sellars vs. Jacob Myers.
Elkhart &. C.-Reversal ordered as of date
of submission.
1908. John Keltery. Administrator, VS..
Henry Thumma. Madison G. C.-Leave TO
appeal granted.
SUPERIOR COURT.
Room flames NJ. Winters. Judge Pro TEN.
Robert d. Hobbs VS.. John j. Mescall ct
al; damages. On trial by jury.
Room FLAMES W. Ii arper. Judge
Gustavus Reichel VS.. Anna C. Reichel;
divorce. Dismissed by plaintiff at his cost.
Henry l.. Baugher VS.. Greenley V. Wool
en- ct al; redemption under a foreclosure
OF mortgage. On trial by court.
Room 3-Piny w. Bartholomew. Judge.
Margaret ROuyer VS.. David V. Miller;
notes. Jury finds for defendant.
Charles NJ Decker VS.. Atlas Engine
Works; damages. On trial by Jury.
Neto Suits Fited.
VIM. +. Giveus VS.. Bert Little; damages.
Demand, sc. 600 Room =.
l.. 8. Powers VS.. Isaac II. Powers; note.
Room /.
Theodore T. Oldendorf. jr., hy Theodors
I. Oldendorf. ar. next friend, va. Conrad
Bauer; damages. Demand. g., 600. Room L.
Nancy Green VS.. Harry L. Nicholson ct
al; partition. Room /.
The n. e. Foster Lumber Company VS..
Joseph Rath borne ct al; account and gar
nlshment. Room g.
Caroline Horny VS.. The Citizens Street
railroad Company; damages Demand,
$4,000. Room 8.
Frank Z. McCOwn ct al. We. George +.
Geisend0rff ct al; on bond. Room
CIRCUIT COURT.
Edgar A. Brown, Judge.
Lious Kitchener VS.. Bruce Cars Estate.
Judgment In favor Of plaintiff for So. 213. 80
|. and costs.
Application alleging unsOundness of
mind Of Gertie Bawers. Trial by Jury.
Verdict of unsoundness of mind and
guardian to be appointed.
Mary q. Cleveland vs. Adelia News Es-
tate. Claim allowed for $50.
NeU SUIT Fued.
James A. Wildman, Trustee OF Miles M.
Reynolds. vs.. Hattie Parker ct al; me-
| chanic's lien.