The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-19
THE COURT RECORD.
Supreme Court.

1882. Davis VS.. Schlemmer Montgomery
g: Z. Reversed. Monks, il The legal
effect of the entry of replevin bail is that
of a judgment confessed. 2. When re-
pleNin bail pays the judgment the same is
not thereby satisfied, but when the record
shows such payment by him he is entitled to
an execution thereon, the same judg-
ment plaintiff without any order of court
therefor. g. The right of subrogation is not
of equity. and justice and includes every
instance in which one party, not a mere
volunteer, pays the debt for another, pri-
marily liable, and which in good conscience
and equity should have been paid by the lat
ter. 4. If person becomes replevin ball.
at the request of some one interested in the
him he is entitled to be subrogated to the
rights of the owner of the judgment and
collect the same by execution.
1864. Heal VS. Niagara Oil Company
Wells c. {. Affirmed Hackney, IA mar
rled woman has the power to execute a writ
ten lease of her land to an oil company for
the purpose of prospecting for gas or oil
without her husband joining in the lease.
Appellate Court.
2492. Beasley. VS.. Phillips. Gibson c. G.
Affirmed. Wiley, il. The measure of
ranty in his title is what he is compelled to
pay to protect his title, and such damages
may be collected from remote grantor. q
Where a suit is brought on the WaTTantees
of a deed an answer which is conUrad ctory
to the deed in question is insufficient as q
defense. 3. All oral negotiations and agree
mentS between parties to a real estate trans
action are merged in the deed of convey
ance, and the court must look to the terms
agreements by which the grantors bound
themselves. 4. A person who conveys real
estate will be estopped from denying any
title in the property at the time the con-
Veyance was made, when to do SO would be
to annul her express warranty. 5. The COW
enant of warranty in a deed is an assurance
by the grantor of the estate that the grantee
shall enjoy the same without interruption
by virtue of paramount title. 6. To con-
stitute breach of warranty and entitle the
grantee to an action on the covenant, the
eviction must be by paramount title, and
there must be an actual or constructive
eviction of the whole or part of the prem
249S. I. I. & 1. Railway Company VS.. Dore-
meyer. Lake G. c. Reversed. Henley, j.
After goods are delivered to common car
rier for transportation a seizure of such
goods under legal process will excuse the
carrier from delivering such goods intrusted
to his care for shipment although some of
the goods are stolen from the warehouse
while in the custody of the officer.
Superior Court.
Room ii. L. McMaster, Judge.
Charles Reichart VS.. p, c., c.. & st. l..
Railway Company; damages. Jury out
Room 3-Vinson Carter. Judge.
Thomas r. Kane VS.. the United States
Benefit Saving Association: damages. On
trial by jury.
George Kornbrook vs. James M. Beatty;
damages. Jury return verdict for plaintiff
Circuit Court.
Henry Clay Allen Judge.
Murtagh O'Leary VS.. James Renihar, ct
al; to establish will. On trial by Jury.
Criminal Court.
John F. McCray, Judge.
State of Indiana VS.. james Kiinger; petit
larceny and receiving stolen goods. Fined
$40 and sent to jail for four months
State of Indiana VS.. William Lee: enter
ing house to commit felony. Case taken I'M
der aGvSement.
State of Indiana VS.. John Wells; grand
larceny. Defendant pleads guilty to petit
county Jail for sixty days.
New Suits Filed.
David D. Mills, Receiver VS.. Sylvanus
Carey ct al; suit to satisfy judgment. Su-
perior Court, Room 1.
Emanuel L. Beck, Administrator, VS.. the
Pittsburg. Cincinnati. Chicago &S st. Louis
Railway; damages. Circuit Court
Joseph H. Clark VS.. Samuel r. Waters;
suit on notes. Superior Court, Room l.
Indiana Savings and Investment Com
pany VS.. John G. Hamilton ct al. mortgage.
Superior Court, Room 2.
Robert j. Maloney VS.. Emma Maloney;
suit for divorce. Circuit Court.
Indiana Society for Savings VS.. Thomas J.
East ct al; mortgage. Superior Court,
Room 8.
Charles M. Jacks VS.. Rosa c. Jacks; d.
vorce. Superior Court Room g.
Laura Brown vs. Thomas Brown; divorce
Superior Court, Room q
Annice Black VS.. David T. Cooper ct AL ::
foreclosure. Superior Court Room g.