The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-11-09
II u RECORD.
Court.

17242. Stevens VS.. Reynolds. Clay c. c. Re-
verscd. Metabe, il. One tenant in common
cannot purchase an outstanding lien against
the. joint property and set up such title
against his cotenants, except where the title
accrues to the tenants at different times
and by different Instruments. .. The right of
a cotenant to share, in the benefit of a pur-
chase of an outstanding lien Is dependent
on his having. within a reasonable time,
elected to bear his portion of the expense
incurred in the acquisition OF the claim. 3.
Defects IN ar affidavit as to the residence
OF parties to an action will not subject the
judgment to collateral attack.
17Z75. Forsyth VS.. City of Hammond. Por-
ter c. c. Petition for rehearing overruled.
Howard, c. il. The annexation of terri
tory TO a city is a legislative function. but
the courts have power to hear and determine
whether the conditions of the law exist or
are complied with. 2. The jurisdiction of a
common council may be attacked collater-
ally. 3. The common council has jurisdic-
ton to annex lands only on the written as
sent OF the owners. 4. Proceedings had with
out jurisdiction are void.
1853. stephens VS.. Kaga. Harrison c. c.
Reversed. Hackney. il. In an application
for a receiver the adverse party should
have such notice as will enable him TO be
present and be heard without the burden Of
must show that he has no legal remedy and
that he will sustain such damages alleged
by the failure to appoint a receiver
1894. Bever VS.. Bever. Fountain G. G.
Affirmed. Monks, il. In the absence of
fraud or mistake parol agreements made be-
fore or contemporaneously with a written
COutldCt lila &c SiNt3i III tsiutICc W COi-
tradict or vary or modify the writing. 2. A
Adeed, as a general rule, does not state the
contract, and ii is not the purpose of the
deed to state how, when, or in what manner
the consideration shall be paid. 3. The real
consideration in a deed may be shown by
parol evidence, although it be different from
may be shown by parol evidence that the
reservation of life estate was made to Sc
cure the payment of unpaid purchase money.
payable in support, and allowing grantors
to reside on the premises
1872. Ristein VS.. Johnson. Montgomery
c. c. Appellee's petition for rehearing.
Appellate Court.
1886. Globe Insurance Company VS.. Hell
wig. Marion S. c. Affirmed. Gavin, il.
A person need not be literally disabled from
doing anything and everything pertainable
30 acc h1s S'S no1iey e 3 Whe ne t Gsn , rsepyer on an az
the trial court are assigned as erroneous
and the assignment is joint. all of these
must be erroneous to be avsilable.
162S. Tarman VS.. City of Fort Wayne. AL
len s. G.. Affirmed. Ross, c. il. Answers
to interrogatories will not control the gen.
eral verdict unless irreconcilable with it. 2.
II a sidewalk is out of repair and a pedes-
TRAN using IL knows of or can by looking
see Its dangerous condition. he is bound. il
he proceeds, TO exercise care commensurate
with the danger to be encountered. 3.
Where a place is known to be dangerous,
and that 1t cannot be passed without great
la. Winstaniy VS.. National Bank. Law
renee c. c.. Reversed. Lott, il. Trust
property can be followed by the beneficiary
as long as the identity can be ascertained.
2. The true owner of property has the right
to have his property restored to him, not as
a debt. but because IT is his property.
wrongfully withheld. 3. Where money is
collected and deposited in a bank. which
subsequently makes an assignment. the per-
son depositing has a preferred charge
against the funds remaining In the
hank. and if the money went into other
property represented as assets in the hands
of the assignee. he is entitled to preference
over the other general creditors.
1883. Indiana Bond Company VS.. Bruce.
Marion S. c. Affirmed. Reinhard. c. il.
1t is the duty of the treasurer, when pay
ments are made to him, to enter the proper
credits on the assessment rolls. 2. The
treasurer has the right to refuse to receive
anything in the payment OF taxes except
When a check is accepted as payment of
taxes and is afterwards paid on presenta-
ton to the bank, the payment relates back
14SS. Indiana Insurance Company VS..
Glenn. Washington c. c. Petition for re-
hearing overruIed.
1852. Stewart VS.. Long. Upton c. c. Sub
mission set aside and new process ordered.
Superior Court.
Room 2ILawson NJ. Harvey, Judge.
Horace G.. Study VS.. Sarah A. Carter: ac-
count; Trial by jury. Jury returns verdict
Wait NJ. Heaton ct al. VS.. Frank r.. Ar
mold ct al: account Judgment against de-
Ilrniy Olc-n We. ndTFlSUn Ringer ct al.
Judgment against defendants for SIS. 20. De-
cree setting aside conveyance.
Room 3-Pliny w. Bartholomew. Judge.
Robert Greenman VS.. w. F. Reede ct al;
appeal from Habich, j. z. Dismissed.
w. Il. Duckworth vs.. Herman Lauter:
damages. On trial by jury.
Nathan w. Bryant VS.. Angelina F. Nc
Cam ct al. Evidence heard and taken under
advisement.
Circuft Court.
Edgar A. Brown. Judge.
Minnehaha Granite COMPANY VS.. Amelia
Russo Ell al; street improvement lien. On
trial by court.
Criminal Court.
Frank McCray. Judge.
State VS.. Harry Kendall: grand larceny.
Plea OF guilty. Judgment suspended during
good behavior on account of age.
State VS.. Albert Scott; robbery. Released
on personal bond of 500.
State We. Edward Milburn: burglary and
grand larceny. Pleads guilty 10 second count.
Fine of 81 and sentence Of six months I'm
workhouse.
New Suits Filed.
Samuel s. Rhodes VS.. Sarah +. Hart et al:
cross complaint of William r. Evans. Me-
chanic's lien.
Samuel S. Rhodes VS.. Sarah F. Hart ct al:
mechanics lien.
Levi 3 Campbell VS.. James A. Huffman;
note. Demand. 500.
Maud Watson VS.. Grant Watson: divorce.
Failure to provide.
M Ma. 1>f-2 m