The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-31
THE COURT RECORD.
Supreme Court.

1716O. Town of Russellvlle VS.. Russellville
G. J.-only property that IS held in co co,
tenancy can be partitioned, and where par
ties are neither joint tenants, tenants in
for himself indistinct portions, neither
equity nor law has power to effect
change.
17OS9. Axton VS.. Carter. Spencer c. c.
Reversed. Monks, ia sale of real estate
made by an executor or administrator to
himself through a third party, is voidable
at the election of the cestui que trust but
but not void; but if one who has the right
to avoid sale of land receives the pro-
ceeds of the sale, or any part thereof, with
a full knowledge of all the facts, he thereby
confirms and ratifies the sale and cannot
1712s Miller VS. Miller Pike c. G.
Affirmed. Hackney sJ-Where a widow
JOINS IN fraudulent sn conveyance It VIII not
rights widow after the conveyance is
adjudged fraudulent.
Appellate Court.
1923. Phillips VS.. Michael. Allen c. C.
Affirmed. Ross, c. il. If a jury, in an
swer TO an interrogatory, find material
fact contrary to what they must have
found in order to have reached the general
verdict, the general verdict is wrong and
cannot stand. 2. The law recognizes that
an infant is not held to that strict ac-
But if the child lis not so young as to
cape all legal accountability, yet is suffi
GENTLY matured to be able TO reason for it
self, and to know and appreciate danger, it
is held to be responsible for the exercise
of such care as is expected that a child of
ordinary. intelligence, of that age is capable
of exercising under like clrcurnstan ces.
1850. Keller vs. Reynolds. Allen c.. G..
Affirmed. Gavin, i'll. A complaint that
entities the plaintiff to any relief is sufi-
cient to withstand demurrer. 2. In all
cases appealed the assumptions are always
in favor OF the rulings of the trial court
3. When the bill sets forth certain evidence
it cannot be presumed. for the purpose of
other evidence upon the subject. A.
There can be no error in refusing to give
an instruction asked, unless it accurately
and correctly states the law.
1891. c., c., G. & st. L. VS.. Adair. Ma
rion S. c. Reversed. Davis il. The ex-
ant to protect the plaintiff from the injury
of which he complained, a failure of the
defendant to perform. that duty. and an in
jury to the plaintiff for such failure of the
defendant. are the three elements that are
necessary to make case of actionable neg
ngence. 2. Between stations and public
crossings a railroad track belongs exclusive
~ to the railroad company, and all persons
who walk, ride or drive thereon are tres
passers, and If such person do SO at the
sufferance or by the permission of the COM
pany, they do so subject to the risks Incl
dent to so hazardous an undertaking, and
if injured by a train of the company there
is no liability, unless the injury was will
1919 Dean VS. Brock. Marion c. C. Pc
titon for rehearing overruled
Superior Court.
Room John L.. McMaster, Judge.
Ovid B. Jameson VS.. Edward A. Munson;
for money had and received. Dismissed and
costs paid.
Room 2-Pliny w. Bartholomew, Judge.
Reuben Banks VS.. Trustees 0. p. Morton
Lodge Odd Fellows. Jury out.
G. w. Sullivan VS.. III. r. Allen; mechan-
les lien. Motion for new trial.
Mary Gibson vs. Citizens Street-rairoad
Company. Judgment taken on verdict of
jury against defendant for $3.50 and costs.
Room 3-Lawson M. Harvey Judge Pro
Tenn.
Henry Clay Allen VS. Citizens Street-rail-
road Company; account. On trial by court.
Milton Shirk VS., ]. w. Chapman; note.
Judgment for $74.D.
Circuit Court.
Edgar A. Brown, Judge
Eliza S. Yohn, Administrator, VS.. William
Iron ct all foreclosure. Trial by court.
Finding in favor of plaintiff for $5,3SSn and
decree of foreclosure.
r.. j. Forsha VIZ. George Dunn; SANDER.
Dismissed and costs paid.
New Suits Filed.
Emil l.. Cuendet vs.. Charles NJ. Cross;
suit on note. Superior Court, Room g.
Edgar o. Hunter VS.. Amos w. Stephen
son; suit on note. Superior Court, Room 3.
Adolph Seidensticher es al. VS. Russell c.
Kelsey: suit on account Superior Court,
Room l.