The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-10-13
THE COURT RECORD.
SUPREME COURT OPINIONS.

1921 Margaret E. Gates VS. David C.
H Hack ct a. w Fountain G e Affirmed
ranty in the statutory form had these
words. The grantor Prior Gates, hereby
expressly excerpts and reserves from this
grant all the estate in said lands. and the
use ana occupation rents, and profits there
OF unto himself during his natural life"
and 1t was delivered to the grantor, and
entered OF record. Held, that the intention
OF the grantor not to make a tesla
mentory provision but to convey a present
estate, the enjoyment of which is post
poned until after the grantor's death
1880. Robert G. Milburn VS.. Phydella E.
Phililps ct al Boone c. c. Reversed.
DalIy, jim an action to set aside fraud
uient conveyance, an assessment list of the
grantor is admissible and in the absence of
e c.,I9 proof this condition will be pre-
Sumed 10 be the same when the convey
ance was made. 2. The recital of
consideration in the deed cannot be con-
s shH as evidence against creditors. for
tney are strangers to the transaction. 8.
Where the Judgment did not direct the sale
OF real property, by the sheriff, without ap-
praisement, and the rents and profits were
offered for sale. without appraisement, and
no DID being received the fee simple was
sold, there was no valid offer of the rents
ana proflts, and the sale of the fee simple
1925. Rebecca Snodgrass VS.. State ex rel.
henry c. c. Dismissed under Rule 90
APPELLATE COURT OPINIONS
s27 Henry H. Kelley VS.. Alice Kelley.
Harrison c. c. Affirmed. Reinhard, j.
party cannot be heard to complain of the
oyerruling of a joint motion for a new
t talaa as TO MN I'm unless the motion is well
join join in making it. and where the
rights of the parties are separate
should file separate motion therefor. q
In an action for damages for an unlawful
assault and battery humiliation, ETC.. may
be considered as among the natural results
OF the assault, nor was it necessary to spe-
cially plead the same. nor does the fact
mat no evidence was introduced as to the
inI IrTfn
suits render instruction directing the
jury to consider them bad
ff9. William N. Darnell VS.. Logan Sollie
Greene c. c.. Affirmed Gavin, c. i'm
an action for damages for malicious pros
ecution the fact the justice bound over the
plaintiff for trespass is not a conclusive adj
Judlcatlon of probable cause. 2 When it
appeared that the case was referred to the
grand jury for investigation; that it failed
TO indict; that plaintiff was discharged by
the court after such failure there was a
termination of the proceedings enabling him
TO maintain this action.
156. Amos NJ. Thatcher VS.. James W.
Iurney. Clinton c. c. Affirmed. Ross, j.
When the sufficiency of complaint is ques-
of errors in the court such assignment
must be predicated upon the entire COM
plant. and not upon separate paragraphs
1OiS. Telegraph, etc. Company VS. David
S: Borman. Switzerland C. c. Dismissed
$780, Minerva Robbins vs. William H.
ing denied.
Superior Court.
Room flames NJ. Winters Judge
Anheuser-Busch Brewing Company VS..
John Reynolds ct al; note. Judgment for
plaintiffs for s551.25.
George F. Stahl VS.. Edward Miller ct al;
note. Judgment for plaintiff for S342.
Anheuser- Busch Brewing Company VS..
John w. Morgan ct al; foreclosure Find
ing and judgment for plaintiffs.
Sallle ID. Schmidt VS.. Western Paving and
damages.
jury.
Room p. w. Harper Judge
John c. Ertel VS.. Albert South; foreclos-
ure of mortgage. Trial by court. Finding
and Judgment for plaintiff against defend
ant for $1SS50 and costs.
Henry Rebesberger VS.. Pauline Schmidt
ct al; suit on note. Trial by court Judg-
ment on note for S1l2.66.
Room 3--Pliny w. Bartholomew, Judge
Charles A. Bookwalter VS.. Resin r. Ham
mona; commission. On trial by jury.
NEW SUITS FILED.
The Home-builders Saving and Loan AS
ISOLATION VS.. Clarissa Barfield ct al; fore
closure of mortgage. Superior Court,
Room 3.
Margaret Rentsch VS.. John P. Schiltges ct
al. on bond. Superior Court, Room 2.
George III. McCaslin VS.. Jacob M. Bruner
ct al; street Improvement lien. Superior
Court, Room l.
Circuit Court.
Edgar a. Brown. Judge.
Noah Adair VS.. Alverda Adair; divorce.
Decree granted plaintiff on proof Of aban-
donment.
Board of Children's Guardians VS.. William
ana Mary Newcomb; custody of child,
John n. Given to board.
Henry SEVERN ct al. VS.. Samuel Femme
man; on note. Judgment in favor of plant
if for S12220
State ex rel. A. c. Smith, Attorney-gen
eral, vs. John f. Mcclellan, Trustee; man
damus. Alternative writ ordered to Oct &C.