The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-15
THE COURT RECORD.
Supreme Court.

1881. Doin VS.. Leonard. Montgomery C.
G. Affirmed Monks. I'm case a person
tract Of sale. but before the deed for the
same Is made the buyer orders a deed to be
10 n and MN syg he con
on the death or the daughter. in case she
leaves no children. one-third of the property
will go 20 her husband and the remaining
provisions OF Section 262S Revised Statutes
1891: and Sections 1850 and 1851 Revised Stat
utes 1884, do not apply In cases where the
conveyances in consideration of love and af-
lection.
purchase money are assigned without re-
course they carry with them the vendors
f77s7. Strong Creek township VS.. Kabel.
Randolph c. c. Affirmed. Mccabe. III.
An act purporting 10 amend section OF an
act that has already been amended is , IN
amending the act OF 1856. Page 1872 which was
an amendment to Sections 10 and is of the
act Of June IA. 1852. defining lawful parti-
1868. Myers VS.. Boyd Wayne c. c. AT
firmed. Howard, J.-When the owners OF
real estate ratify sale of the same by ac-
valid.
1859. Reed VS.. Van Matre. Henry C. C.
I74si. Reed VS.. Van Matre. Henry C. C.
Dismissed.
17477. Dykeman VS.. Eel River Railroad
appeal sustained.
177l4 TIlIman vs.. Wabash Railroad Com
pany Wabash c. c. Submission set aside
and appeal dismissed.
Appellate Court.
1896. Woodland VS.. Myers. Elkhart C. c.
Reversed. Davis, 1.-THE lien OF chatte
mortgage. duly recorded, is paramount to
that of an agister for subsequently pastur-
ing the mortgaged stock unless 1t is shown
| that the mortgager consented that such stock
be so pastured and subjected to such lien.
Affirmed. Gavin. c. J.-when the theory and
evidence OF both sides conflict. the determine.
ton by the trial court will be final.
1875. Galbraith VS.. Holmes. Decatur G. c.
Affirmed. Lotz Jan agreement to apply a
precedent debt in payment of present debt
will not relieve the transaction from the
operation OF the statute of frauds unless a
receipt or credit Is actually given. and when
a transaction is not taken of the statute OF
frauds the court may direct the verdict
bac6er. Marion G. q Affirmed. Reinhard
il. If complaint is based upon one the
DRY Ii cannot be sustained upon some other
2. A complaint which charged that the in
jury was caused by a particular train must
be sustained by the special finding, and In the
absence OF such it is equivalent to a finding
caused the injury.
1871. Manley VS.. Feltey. Jay C. c. Trans
ferred 70 Superior Court
-
ferred to Superior Court.
Superior Court.
Room John L. McMaster. Judge.
Joseph Wernsing VS.. Arthur Leopold ct al
foreclosure. Dismissed and costs paid.
Cornelius d. Browder VS.. II. c. Shaw Ell al
Improvement lien. Dismissed and costs paid
Charles b. lockwood VS.. John Owen ct al
mechanics lien On trial by court.
vinson Carter. Judge pro tenn.
Hiram c. Castor VS.. Board OF Commission.
ers OF Marion County. Judgment for plaintiff
for $3.50 80.
Samuel Morss VS.. c. Rowland Sherman
TO reopen judgment. Finding for plaintiff
William III. III. Ch,lds vs. Adolph Seilker
On trial by court.
Room 2-Lawson NJ. Harvey. Judge.
Brunswick Balke-Collender Company ct al
vs.. III. ID. Pierce; replevin. Finding FOL
plaintiffs. Judgment against defendant FOL
costs.
Indiana Trust Company VS.. John w. Ram.
sey: note. Judgment against defendant for
81. 223- . and costs
Georxe r. Thomas VS.. William r. Bryan