The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-24

OF the jury and is in no way impressed
with the alleged errors of the rulings of the
trial court 1t will be affirmed.
1S34T. Finley VS.. Cathcart. Washington G.
G. Reversed Jordan, J.-Where several
parties held the title to real estate as
tenants in common, and one OF the parties
conveyed his share TO a co-tenant by his
deed of general warranty which deed was
not recorded, and at a subsequent time par
tltion proceeding were had in which the
grantor and grantee in such deed were
made party defendants. in which suit it
was alleged that the grantor Of the I'M
recorded deed held an interest-the interest
ne had conveyed, the defendants being de-
faulted on the petition. the court ordered
that the land be partitioned and set off
the interest to said grantor which he had
conveyed; subsequently. the grantee In the
deed instituted suit to quiet her title to the
property conveyed TO her but set off in
the partition suit her grantor. Held, that
1T was not essential in the partition suit in
order to award the plaintiffs their relief.
to which they We're entitled. for the court
to extend its order as a direct partition
among the defendants, and such action did
not work an eStoppel on the grantee in
such deed from subsequently asserting her
title to the real estate conveyed to her; as
the partition suit did not put in issue any
title between the defendants thereto.
1920. Clark VS.. NARROW. Decatur c. C. Re-
verSed. McCape, c. J.--Where a will makes
the support, maintenance and funeral ex-
penses o. certain person a charge upon
the real estate devised. Held that where
the support and expenses provided for by
the will were furnished by a party other
than the devisees such person may be SUBJ
rogated to the rights for whom the charge
was made. and may acquire a lien upon the
real estate to the extent of the amount
of such necessaries furnished, and no de-
mand is necessary to show a cause of ac-
ton in such person.
1S06l. c. & S. E. Railway Company VS..
Beth: Clay c. c. Appellants petition for re-
hearing
Superior Court.
Room 2-Lawson NJ. Harvey, Judge.
Horace E. Smith. trustee, VS.. Mary A.
Schooley; foreclosure Dismissed and costs
paid
Samuel Ach VS.. Minnie B. Cody: account.
Finding for plaintiff. Judgment against de-
PENDANT for $325.96 and costs.
Charles Ferger VS.. George +. Kreitlein;
account. Judgment on verdict against de-
PENDANT for $500 and costs.
Ida @. Mitchell VS.. City Of Indianapolis;
damages. On trial by jury.
Room 3-Vinson Carter, Judge
Melinda D. King VS.. Frederick Richter;
damages. Judgment by agreement against
defendant for $50 and costs.
A. T.. Playfoot VS.. John j. Harrison; dam
ages. On trial by jury.
Circuit Court.
Henry Clay Allen, Judge.
A. Whitney VS.. Edward Austin. APP
pealed. Dismissed by plaintiff. Judgment
VS.. plaintiff for costs.
George r. Dawson, guardian, VS.. Louisa
Mutchett's estate. Submitted to court Ev-
idence heard. Finding for plaintiff and
Judgment against estate for $343.SS and
costs.
Criminal Court.
John F. McCray, Judge.
The State of Indiana VS.. Samuel Irwin;
assault and battery. Appeal from justice
or the peace. Tried by court. Finding of
not guilty. Defendant twelve years old
New Suits Filed.
Henry c. Fisk VS.. Edward ]. Richards
ct al; suit to foreclose mortgage. Superior
Court, Room 8.
Wilhelm Kraas VS.. Parry Manufacturing
Company; suit on contract Superior Court
Room 2.
James r. Ross VS.. William Strigelmeyer;
suit on note Superior Court, Room l.
Harry j. Milligan VS.. James S. Cruise ct
al; suit to quiet title. Superior Court,
Room l.
The Importers and Traders National
Bank of New York VS.. Eugene Renard ct
al; suit on note Superior Court, Room @
David L. Wilson ct al. VS.. Bartholomew
D. Brooks ct al; suit on contract. Circuit
Court.