The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-03-07
THE COURT RECORD.
Supreme Court Opinions.

washington c. c. Affirmed Hackney. j.
An election by a widow TO take under
the statute, not under the will which is
not acknowledged, nor recorded, nor filed,
does not comply with the statute and is not
sufficient. 9. A devise of land TO the testa-
tors brother in fee, reServing to himself
and wife full control and possession dur
ing their lives, and providing further if his
wife did not elect to accept the terms of
the will she should have a life estate in the
land. and two-thirds upon her death should
go in fee to his brother. Held The widow
held life estate in the whole and the Zee.
was in the brother. ~ fc~t
16493. Palmer Adams. Daviess 9. c.
Affirmed. Coffey, IA publication alleged
to be libelous may be justified as true in
1872 state ex rel. A c. Smith VS. Nc
Lellan, Trustee. Marion G. c. Reversed.
" ie51 N Ia VS.. Elliott. Shelby c. G.
Affirmed. Daley, IA specification of err
ror that the judgment is contrary to law
cannot amount 10 an exception to the con-
illusions of law stated by the court upon the
facts found, as the correctness of such con-
by an assignment that the court erred in
its conclusions. 2. All parts of will are
TO be construed in relation to each other
and in such manner as to form, if possible,
one harmonious whole. .a-l
1871 Reynolds, Auditor, ct al VS.. Bowen,
Administrator. Carroll G. g. Reversed.
Howard, G. J.-Tha written notice by the
auditor TO the property owner of his inten-
ton, to add omitted property to the tax
by q. general description. . 1t was not in
tended that the proceedings before the audi
tor in such matters should be conducted
with all the formality of an action in court.
3. Where a property owner fails TO give in
certain property for taxation. and is only
assessed on the remainder, it is the duty of
the auditor under the act of 1891 to assess
the omitted property when he learns of the
omission. 4. Notice TO the administrator of
a deceased property owner by the auditor is
sufficient. .; The act of 1891 has not re-
pealed the law authorizing the assessment
of omitted property by the auditor.
Appellate Court Opinions.
1856. Newton ct al. VS. Donelly. Madison
c. c. Reversed. Reinhard, J.-If it be
claimed that the writing is in the possess
sion of the adverse party, parol evidence
of its contents cannot be given until it
is shown that notice has been served unon
such party to produce the same a reason
able time before the trial and has failed to
do so.
1867 Crawford. Trustee. VS.. Hedricb.
Warren c. c. Reversed Gavin, J.-When
a township trustee, pursuant TO the act Of
1888 entered into a valid cor tract to repair
a ditch. that act remained in force after
its repeal by the act of 1891 for the purpose
of enforcing the liability of land owners.
1851 c., c., g. & St. l.. Railway Com
pany VS. Davis. Montgomery c. c. At
flrmed. Davis 1.-THE rule seems 70 be
that the defense of champerty can only be
set up where the champertous contract
itself is sought to be enforced, and the ex-
istence of champertous agreement be-
tween the plaintiff and his attorney is no
defense to the action against the defend
ant. 1t must be raised by plea or mo-
ton TO dismiss.
c. Transferred per curtain. The amount
in controversy exceeds the jurisdiction of
this court.
li6S Van Week VS.. Thomas ct al. Elk
hart c. c.. Rehearing denied.
Superior Court.
Room flames NJ. Winters, Judge.
Gurley Taylor VS. Thomas Powers ct al. !;
damages. on trial by jury.
Room p. w. Harper. Judge
Bank of Commerce VS.. D. e. Stone Furni-
ture Company; suit on note and foreclosure
of mortgage. On trial by court.
Circuit Court.
Edgar a. Brown, Judge.
James William Good was admitted to the
bar on motion of J. r. Carson.
Lace Back Suspender Company VS.. VIM
Pfaffiin ct al. repevin. On trial by jury
Mrs. Lucy Med Milburn resigned as a
member OF the Board of ChildTens Guard
ians and Mrs Augusta SEVERN was ap-
pointed 10 fill the uneXpired term.
Hon. Vinson Carter, Special Judge
State ex rel. Sadie Collier VS.. Harry Ru-
bush; bastardy. On trial by court.
New Suits Filed.
Elias Walden VS.. James r. East ct al; to
foreclOse mortgage. Superior Court Room l.
William II. English William Lock-
stand: TO foreclose mortgage. Circuit Court.
Jane Aloffett VS.. The PheniX Insurance
Company; complaint on policy. Circuit
Court.
Mary NJ. Drummer vs.. Albert Drummer;
divorce. Superior Court, Room 3.
Carr, Scott q Co. vs.. John p Heaten; on
note Circuit Court.
James A Isgrigg VS.. Simeon c. Bowman;
mechanics lien. Superior Court, Room 5.
John T. Griffith VS. Commodore AIcFar-
land ct al; foreclosure. Superior Court,