The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-25

Supreme Court.

1854 State ex rel McWylie VS.. Mathews.
Monroe c. c. Affirmed. McCabe, il The
common school fund derived from other
sources than under the general law may be
validity and constitutionally unequally dis
tributed by statutory authority so as to
make the whole, including the congressional
township fund, when distributed, as nearly
equal per capita, to each school corporation
as possible. q A township is not entitled to
any of the school fund collected from the
tax assessed under the general laws so long
as the interest on her congressional fund
alone amounts to more per capita than is
left in the hands of the county auditor. to
apportion to the other townships.
1S343 Train VS.. Burgett. White G. G. Re-
versed. Jordan, il. The interest Of a wife
IN her husbands real estate attaches, as an
incident to the seizure of the husband dur
ing the marriage, and no act of conveyance
by the husband. no charge in respect to the
land, without the wife joining him therein,
can serve to divest or eXtingush her inter-
est. O. If real estate is sold and conveyed by
man or through the indecision of an OFF,
Ger of the court, in satisfaction of mort
gage executed by the husband, the wife not
Joining, the purchaser takes under such sale
nothing more than the interest or title of
the husband. which does not embrace the
inchoate interest of the wife. The purchaser
holds it subject to the interest of the wife,
and If the mortgage be for purchase money,
it is then held subject to her right to re-
deem in the manner provided by law. g..
The law will not only treat an after ac-
CURED title as being in the former gTantor
in trust for his grantee and hold him
estopped from asserting 1t as against the
it will consider and treat it as though 1t
had actually passed at the time of the con-
Veyance under the warranty deed.
1890 Magel VS.. Milligan Marion S. c..
Affirmed. Howard, c. il. Where an action
is brought by the heirs of a decedent to re-
cover a debt due an ancestor it is necessary
to allege and prove that the debts of the an
cestor have been paid and the estate settled,
or that no letters of administration have
been granted 2. Possession Of notes and
mortgages is prima facie evidence of title
to them. g. Where real estate is owned by
husband and wife by, entireties, and they
borrow money upon the representations of
the wife in an affidavit that the money bor-
rowed was to be used to pay off an incum-
brance on the same and other land held by
them, in the same manner she will be
estopped from setting up the defense of
married womens suretyship'' to the trans
action.
1864. c. & S. E. Railway Company VS..
Cason: Hamilton c. c. Affirmed. McCabe,
il. In excepting to d receivers report the
report must be properly in the record by a
bill of exceptions and this court can only
examine such report to ascertain whether
the exceptions are we'll taken when the
report is in the record 2. In order for this
court to determine cause in this court
upon the evidence the evidence must be in
essary to be in a bill of exceptions must be
in the bill itself and not Endorsed on the
1896. Wood VS.. Wood Decatur C. C.
Affirmed. Jordon, J.-Where it is necessary
to sell lands of a decedent to pay his debts,
1t is not necessary to make the administra-
triX of a deceased heir a party to the petit
ton when such person together with ali the
heirs are parties in their individual capac-
lty. But after such sale such Administrative
should make application for the security Of
the purchase money remaining after the
payment Of all the debts and claims for
which the land had been sold to which she
might be entitled as the representative of
her decedent
1898 Close VS. p, c., c. & st. L. Railway
Company. Scott c. c. Affirmed McCabe
ITO make matters outside of the record
part Of the transaction, the added matter
he wit fnK7 fY1@~
record, and that can only be done by setting
forth such matter in the order, and the
judge alone is to determine what shall go
in under the order
1S257. Hendricks VS.. Robinson. Clinton c.
G.. Reversed. Howard, il In building
joint Schoolhouse by two separate townships
under Section COOL. Burnss Revised Statute
1894. neither trustee can be denied in the
first instance the free and equal exercise of
his own judgment as to the several steps to
be taken in the joint enterprise. and when
one trustee proceeds to purchase land for
ships is without authority until ratified by
the other trustee or else until on their ina
bilty to agree. the matter is determined by
further appeal to the county superintendent
3 After the county superintendent has
granted petition on appeal to him for
joint schoolhouse. it is not within his power
before another appeal is taken to him to
order two township trustees to build such
house on the land purchased by one of them.
1906. p, c., G. & st. L. Railway Com
pany VS.. Town of Crown Point. Lake c. C.
Affirmed. Hackney il. That which is
prescriptive right as between those capable
of granting and receiving title, is. as be-
tween the fee owner and the public slffl-
cient to raise the presumption of a dedica-
ton or condemnation. g Where the pub
lie has used a welI-dehned way for thirty
years connecting two streets, which way
was defined by the town authorities by
grading. ditching and caring for the same,
and by the construction of buildings with
reference to it. and its use was never OBJ
jected to by the owner. but was acquiesced
in by the owner. the public has such interest
therein that the city may order the con-
struction of pavement thereon. 3. A coll
lateral attack upon the proceedings Of
board of trustees cannot be maintained for
mere irregularity.
1878 p, c., c. & St L. Railway Com
pany VS.. FraZe. Jackson G. C. Reversed.
McCabe, il. The statute requires the
court to reject any pleading, either when 1t
plainly appears upon the face thereof to be
raise IN fact, ana INTENDED merely LOT uei cay,
party TO special interrogations propounded
to him to ascertain whether the pleading IL