The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-05-19
SUPREME COURT OPINIONS.

SUPREME COURT OPINIONS.
1G1G5. Melissa Waller ct al. VS.. Amanda
Luhripg ct al Gibson G. G. Affirmed.
Howard, jim an action to contest Will
on the ground that the testator was of IN
sound mind at the time he executed the
will it is not error to refuse to instruct the
Jury that unsoundness of mind means the
same thing in law as insanity. Nor Is IL er-
TOR to sny TO the jury that when unsound-
ness of mind of q permanent nature has
been established the presumption 10 that
the state of unsOundness exists or con-
Times until the contrary lsshown." Where
the devisee of 1.-THE bulk of" tho testator's
property stated that his testator was of un-
sound mind and incapable of making n
will. but before the contest of the will
died, and his sole heir and all the devisees
are party to the suit. such admissions are
competent. t67 Ind. S59. distin-
guished) In such suit party to the ac-
ton is a competent witness as TO the sound
ness OF the testator. Notwithstanding the
fact that the chief devisec is dead.
16OSS. Kalula ID. COhee VS.. Caroline Baer
ct al. Clinton @. Z. Petition for rehear-
ing overruled.
l6O39 John s. Wilson ct al. VS.. Jeffrey
Stetler. Adams c. G. Affirmed. Odds, j.
The owner of land dying left an insane
widow and several minor children.
guardian was appointed for the widow
slono. and on his application the fee sim.
pie entire of land owned by the decedent
was ordered sold. A sale was made of the
entire tract and offered. TO this proceed
ing the children were not parties. Inc
guardian OF the widow received the full
purchase price an applied the interest
thereof to her support aud to the support
of the children. She died. and on the chill
dren arriving of age the proceeds and In
terest thereon, of the purchase money.
amounting to moro than the amount of the
sale. was paid to them, they at the time
having full knowledge of all the facts.
Held. that these children could not MAN.
tain suit for portion. TO recover possession
OF the undivided twc-thirds and To quiet
title of such land so long az they retained
possession of the amount OF money paid
them aforesaid stated.
SUPERIOR COURT.
Room 1-James NJ Winters. Judge Pro Tom.
Henry Coburn VS.. Rosa l.. Jackson ct al;
foreclosure. Finding for plaintiff. Mort
gage foreclosed ana SALE ordered.
James B. Cain VS.. Caroline Cam; divorce.
Dismissed by agreement.
Town of Irvington va Charles A. Shot
well; sidewalk hen. Judgment for plaintiff
for Sl05.G.
James Gray va Thomas Summerville ct
al; 20 cancel mortgage. etc. Under advise
ment.
Marian Parish VS.. Steven Cogill: to set
aside conveyance. On trial by court.
Room 2-J. W. Harper. judge
Martha f. Bailey VS.. Joseph II. Smith,
damages. Trial by jury. Verdict for $780,
Main Betting Company vs. James u.
Miller; on account. Dismissed by plaintiff
and costs paid.
Room s-Pliny w. Bartholomew. Judgs.
c. & A. Potts * Co. vs. John Jobnson:
notes and mortgage. Judgment for 81. $50. 81
and decree of foreclosure.
Christian Matthews VS.. Citizens Street
railroad Company: damages. Jury tinds
for defendant.
Matthew Arbuckle Henry Schnull;
commission. On tyial by court.
August l3arth va. Christian Enders; me-
chanic's lien. Dismissed and costs paid.
Ne,c Suits Filed.
The Eastman. Sohleicher g. Lee Com