The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-19

for his property, which deed Is procured
by fraud, the title of the grantor is not
so Invested but what, after reconveyance
10 MIN by the trustee, a conveyance to
bona fide purchaser will divest his descend
mats of any title or provision contained in
the deed of trust.
1927. Building and Deposit Company VS..
Lackey. Dearborn G. C.. Affirmed. Monks,
il When the allegations in a pleading
vary from the provisions of the instrument
upon which it is founded the provisions Of
such instrument control and such allega-
tons will be disregarded. 2 Where the cvn-
tract secured by a mortgage to a building
society is that the mortgageor agrees to pay
his weekly dues on his shares of stock and
the interest each week on the par value of
his stock, and the weekly premium thereon.
together with all fines, assessments and
penalties, and the bylaws under which the
loan is made provided that the member bid
dlng the highest weekly premium per share
snail be awarded the first money. and he
must furnish satisfactory security for the
payment OF his said premium and for the
payment of his dues and interest on the
advanced share or shares, until the sun
paid in as dues shall amount to $500 per
share; and in case of default In payments
II is provided that the dues. interest. prem
ium, penalties, fines and assessments pro-
vlded for shall be considered as due and
the mortgage foreclosed; the mortgage was
executed by husband and wife upon prop
erty held by them as tenants by entireties
and it contained a further provision that
the husband was a member of the associa-
ton and a holder of certain number of
shares and that he had received as an adj
vance from the association an amount
equal to the par value of the shares, and
In case he would pay to the association, ac-
cording to its, rules, until the dues paid
should equal the amount advanced by the
society then the mortgage should be void
Held that the mortgage was security for
the payment of the husbands weekly dues
etc, upon his stock in the society, and that
the contract of his wife was one of suer,y-
ship and therefore void.
1913. Hart VS.. Parker. Hancock c. c. At
frmed. Howard J.-This case is decided
upon the authority of cause No. 1922 de-
cided Nov. IL, 1897
Appellate Court.
1926 Order of Commercial Travellers. etc,
VS.. Daub. Vanderburg S. G. Affi rmed Black
J.-Where the question for decision de-
ponds upon the evidence introduced, the
conclusions of the trial court will not be
disturbed where it affirmatively appears
that the record does not contain all the evil
dence introduced in the trial court.
1883 State of Indiana vs. Dix. Sullivan c.
G. Affirmed. Robinson, J.-Where a criminal
case is stricken from the docket on motion
Of the prosecutor with leave to reinstate,"
in the absence of the defendant it amounts
to dismissal or nolle proseQui.
Superior Court.
Room 1-B. S. Higgins, Judge Pro Tenn.
Wright and John c. New. On trial by jury.
Room 2-Lawson M. Harvey. Judge.
Thomas Clark ct al. VS.. City of Indian
apolis; injunction. Dismissed and costs
paid.
Duane H. Bowlus, trustee, VS.. Robert
Thomas; notes and account Jury returned
verdict for plaintiff in the sum of 1892.
Hussey-Russell Lumber Company VS.. A.
M. Sweeney; mechanics lien. On trial by
jury. Jury out.
Room 3-Vinson Carter, Judge
j. M. Amos VS.. Claudine A. Stackhouse;
note: Jury returned verdict for defendant
Eliza ]. Knight ct al. VS.. Edward R. Aus
tin; account. Finding and judgment for
plaintiff for $70SO7 and costs.
Eliza j. knight ct al. VS.. c.. Kisssel
account. On trial by jury
Susanna M. Weight VS.. Carl r ct al. :
foreclosure. Finding and il tent for
plaintiff against Anna and Car Ioller for
$4.05l2S The Lewis Weight & Sons Com
pany against Anna and Carl Moller for
$2,5SS06
Circuit Court.
Henry Clay Allen, Judge
Soils Runneis VS.. Ann Dwyers estate
Allowance by administrator for $14, and
costs against estate.
Ora B. Snider VS. Catharine Snider; di-
Vorce. (From Hancock county) Case dis
missed for want of prosecution. Costs paid.
Matte j. Kelly VS. Charles Girton eft al. !;
on replevin bond. Submitted to court and
evidence heard
New Suits Filed.
Elizabeth Moore VS.. James Z. Moore; suit
for divorce. Superior Court, Room l.