The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-15
ZION OF CONTRACT.

RECORD PLEADING INTERPRETA-
TION OF CONTRACT.
1909. Lake c. c. Dreyer ct al. VS.. Hart
ct al. Affirmed. Howard, il. The record
should show not only hat the bill of ex-
ceptions containing the evidence was exam
ined and signed and that the judge then
ordered it filed and made a part of the rec
ord, but also that it actually was filed as
ordered. 2. If the allegations of q pleading
are sufficient for the purpose for which it
is filed and recognized by the court the
to prevent if from being treated as such on
appeal. 8. Where a note was given for a
real estate commission and one of the notes
given in payment for such real estate was
delivered as collateral under circumstance
which evinced a clear intent on the part
of all parties that the last note was only
to be paid in case the note delivered as col
lateral security should be paid in full, the
court properly construed the words, 1T be-
ing understood that che aymen of this
note IS conditioned upon the payment of
said Krech note" which were written in
the second note to express intent which
the parties plainly had in the transaction.
DECEDENTS' DEBTS-ENFORCING
AGAINST HEIRS-APPEAL.
1892. Floyd c.. c. Harrison National
Bank VS.. Culbertson ct al. Rehearing de-
MED. Hackney, il: The enforcement of
a decedent's debts, if not filed thirty days
before the final settlement Of his estate, is
barred by the statute except as saved by
and upon the conditions prescribed in Sec
ton 1897, Revised statutes. 1894, for collecting
iNlAo anu NV oO@7 viz q <
ceived part of the estate. 2. Proceedings
against heirs under this section are within
the probate jurisdiction of the Circuit
Court. 3. When a right of action is given
and the procedure prescribed by the de-
cedents' estates act, the appeal in such
case must be governed by the same act,
which requires it to. be perfected within
forty days.
BONA-FIDE PURCHASER = CONVEY
ANCE TO PAY DEBTS-PRACTICE.
1774O. Henry c. c. Adams ct al. vs.. Van
derbeck ct al. Rehearing denied. McCabe,
il. One who takes a conveyance of land
in satisfaction of a pre-existing debt, there
by discharges the debt and releases the
debtor. and is entitled to be regarded as
tected as such against secret or unrecorded
equities in the land of which he has no
knowledge. 2. One who takes a convey
ance of land as security for a pre-existing
debt takes it subject to all equities to which
it was subject in the hands of the owner. 3.
In the absence of evidence or any showing
to the contrary it will be presumed that
instructions given by the court were appli-
cable to the evidence given, and where con-
flicting statements on this subject overcome
and nullify each other, this presumption
ISIS. Laporte c. c.. Brewing Company
VS.. Malott. Rehearing granted.
1901. Delaware c.. c. Citizens State
Bank VS.. Julian ct al. Dismissed and leave
to withdraw record granted.
Superior Court.
Room John l.. McMaster, Judge.
Caroline Autfer VS.. Walter Hubbard; ac-
count. On trial by jury.
Room 2-Lawson M. Harvey, Judge.
George E. Hiatt VS.. Pennsylvania Rail
way Company; damages. jury returned
verdict for plaintiff for $4,000,
Cora Hammell VS.. l.. E. & w. Railway
Company; damages. On trial by jury.
Room 3-Vinson Carter, Judge.
Nathan F. Dalton VS.. Sheldon Waggoner
e. al. mechanics lien. Dismissed and costs
paid.
Henry Clay Allen. Judge.
City of Indianapolis VS.. Albert Blake.
Submitted to court. Evidence heard. Ar
gument had and taken under Amusement.
James A. Wlldman, trustee, VS.. Samuel
p. owen ct al. Submitted to court. Evi-
dence heard and taken under advisement.
Charles E. Van VS.. William M. Bowman
ct al. Dismissed at plaintiff's costs.
Philip H. Loge VS.. Bridget Conner. Sub
mitted to court. Evid ence heard. Plaintiff
dismisses. Judgment against plaintiff for
costs.
Renihan, Long & Blackwell VS.. Ellen Hen
dricks's estate. Submitted to court. Evil
dence heard. Finding and judgment for
plaintiff for $129 and costs against estate.
Renihan, Long & Blackwell VS.. Julia Nc
Ginty's estate. Submitted to court. Evil
plaintiff for S106 and costs against estate.
Renihan. Long & Blackwell VS.. Michael
Grifin's estate. Estate settled and costs
paid. Claim struck from docket.
Alexander Spencer VS.. Kate C-onnaughton
ct al. ID. K. PartloW withdI avs appear
ance TOT plalntH ana cause called and dis
missed for want of prosecution. Judgment
against plaintiff for costs.
City of Indianapolis VS.. Ira Wilson. Find
ing for plaintiff and judgment against de-
PENDANT for 81 and costs.
New Suits Filed.
Robert Z. Springsteen VS.. John Owen ct
al; suit on account. Superior Court,
Room 3.
j. Crouch ct al. VS.. the P, c., C. & ST.
l. Railway Company; suit for damages.
superior Court, Room 2
theodore Dettz vs.. William S. Budd: suit
on account. Superior Court, Room l.
Government Building ard Loan Institu-
ton, No. 3. VS.. Thomas w. Newman ct al:
suit TO foreclose mortgage.
Ml!lard NJ. Hart VS.. George f. HoeJe:
suit on account. Superior Court. Room 2. ,