The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-06-12

ever" when used in deed create a joint
tenancy. 4. A joint tenant may ALLEVIATE or
mortgage 10 stranger his interest In the
realty and thereby defeat the right of the
survivor >. Under our statute a partition
OF joint tenant estate may be enforced.
.. Mess there is severance during the
lifetime of the devising tenant. at his
death the right OF the survivorship imme-
diately accrues. and as the devise cannot
take effect until after the death OF the tes-
tator. the tenant is thereby disqualified for
devising his moiety in lands so held by
joint tenancy.
1925. Michner VS.. Springfield Engine Com
pany. Howard c. c.. Appellee's petition for
rehearing
1890. L.. y. a. & c. Railway Company
VS.. Miller. Clinton c. c. Petition for re-
1913 Muntzer vs.. Gleichman Wander
burg s. c. Appellee's motion TO dismiss
appeal sustained
l762l. Young VS.. Young. Marion c. C.
1865 Milburn VS.. Phillips Clinton c. C.
Appellants motion for leave TO withdraw
record and brief granted.
Appellate Court.
1906 Childers VS.. l., y. A. & c. Railway
Company. Monroe c. c. Affirmed. Ross.
il. The right to recover for stock killed
or injured which escape upon the railroad
track by reason of me companyS negli-
gence or failure to maintain fences accrues
by virtue of the statute. and the statute
provides that the company shall De liable
when the stock are killed or injured by its
locomotive cars. 2. In order 10 recover
there must be evidence that the stock was
struck by the locomotive or cars. Gavin.
j., dissented- The duty OF fencing Is upon
the railroad company, and its failure 10 do
so is negligence, for which common law
right of action arises in favor OF one in
Jured thereby who Is himself without fault.
1858 Alberts VS.. Baker. Huntington G. {.
Reversed. Davis, i'm a suit on attach
ment an answer that does not aliege that
a writ of attachment was issued Is INSULT
cient to Withstand a demurrer.
1861 Railsback VS. Railsback. Fulton c.
c. Original opinion modined. Gavin. IA
dismissal having become no part of the
record by being filed after the appeal, it
will not be considered.
1913 Letter VS.. Watson. Madison c. c.
Affirmed. Gavin, il In this court the
evidence must be construed in the light
most favorable to the appellee. and If, when
so regarded, there is some evidence fairly
sustaining every material fact essential to
his recovery, the finding of the trial court
will not be interfered with; even though
the the 81 the Of De e Ms
may be proved after the loss of the letters
has been established.
1899. Sheets VS.. Russell. Marion ). Z.
Petition for rehearing overruled.
1472. L., n. A. & 9. Railway vs. McCor-
kle. Newton c. c. Petition for rehearinS
overruled.
Superior Court.
Room John L. McMaster. Judge.
Anthony Balls vs. Benjamin F. Hethering-
ton ct al; injunction. Dismissed.
William Eaglesfield vs: Henry H. Hogue
ct al; mechanics lien. Dismissed.
Andrew Collins VS.. Thomas II. RayDurn:
note. Dismissed and costs paid.
Lake Village Savings Bank VS.. Indiana
Millers' Mutual Fire Insurance Company
ct al; policy. Dismissed and costs paid.
Elizabeth Thomas VS.. George A. Thomas;
divorce. Dismissed.
Allie Baker VS. Richard w. Baker; di-
vorce. Decree granted plaintiff.
Guiford A. Deitche, Executor. VS.. John
W. Fike; foreclosure. Dismissed and costs
paid.
Gordia Mathews vs. Thomas Mathews:
divorce. Dismissed for want of prosecution.
Room FL. NJ. Harvey. Judge.
Theodore Harrison VS.. John b. Cleave-
land ct al: suit to quiet title. Judgment
against defendants.
Catherine Southern vs. Firman Stout ct
al; vendors lien. Dismissed at plaintiffs
cost.
Hamlin VS.. Engle; suit for possession. On
trial by jury.
Room 3-Pliny w. Bartholomew. Judge.
Lee r. Finehout VS.. r. III. Bigger ct al:
damages. On trial by jury.
Circuit Court.
Edgar A. Brown, Judge.
Irwin b. Stewart VS.. Elizabeth Stewards
estate. On trial by jury.
New Suits Filed.
George F. Smith VS.. Christina Smith:
William H. Sharpe VS.. Thomas Schooley:
suit on Judgment. Superior Court. Room J.
Lillian G.. Shelby eft al. VS.. Albert Wo-
mack; suit to set aside judgment, Superior
Calvin J. Males VS.. Matte Z. Wright
suit to set aside marriage. Superior Court
Room ?.
John T. Mosier VS.. Lydia A. Mosier: suit
James III. Baer VS.. Martha A. Baer: suit
for divorce. Superior Court, Room 3.
Glenn c. Howe VS.. knickerbocker Manu-
featuring Company, suit for receiver. Cir
cult Court.