The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-17
THE COURT RECORD.
Supreme Court.

1S4S9. Marmon VS.. White. Marion S. c. AZ
| firmed. Monks, il. An agreement to marry
is sufficient consideration for a convey
ance of real estate. 2. When a debtor is a
householder and conveys or transfers his
property to defraud his creditors, of which
fraudulent intent his grantee or tranSferee
has notice, his creditors cannot reach such
property If the value of the wife's interest
therein, the debtors exemption, and all liens
on such property senior to such creditors
equal or exceed the value of the property
SO conveyed or transferred. 3. Only when
land is sold on execution or decretal order
and the title becomes vested in the purchase
can it be said that the value of the in
choate interest of the wife in the land of
her husband is one-thrd the value of such
land. 4. When purchaser of real estate has
not been guilty of any positive fraud and
the circumstances are such as make it highly
injurious and inequitable as to the creditors
Of the grantor for the conveyance to stand
the same may be set aside upon such terms
as will protect a purchaser whose purchase
is only construcuvely fraudulent
1868. G. & y. |. Railroad Company VS.
State, ex rel. Keteham; Marion G: z. At
consolidated corporation appeared at the
Office of the secretary of state on June Z.
1894, and rendered for filing its articles of
being informed of the amount charged as a
fee for filing the same, he withdrew said
articles and the company thereafter refused
to file the same. such company, under Acts
1895, Page 255 (R s.. 1897, Sec. 3001), is liable
for the fee due the State, and may be COM
PEELED to file its articles of incorporation
1875. Burgett VS.. Merritt Clinton c. c.
Appeal dismissed and leave granted to with
draw record
Appellate Court.
Sl Af Mnn9 Black Bark J1 Marion AM ap:
peal from a justice of the peace va
Gates the judgment and the cause is tried de
novo upon its merits. 2. In appealing from
a justice of the peace an appeal bond Sc
curing damages, If any, and costs and the
prosecution of the appeal must be given by
1a.,k . tn inc
a landlord to recover possession of leased
premises from his tenant unlawfully holding
over, the lease is not the foundation OF the
of the peace is dismissed in the lower court
a reinstatement of the appeal is largely
within the discretion of the trial court.
1851 Rau VS.. Ball. Grant G. G. Reversed.
Robinson, il. A special verdict will cure
a defective averment in complaint, but not
entire amount which is necessary. 2, Parties
to a contract may Oy agreement extend the
time of performance.
Moffett Marion c. c. Reversed. Comstock
il A former decision is the law of the
case 2. A complaint based upon tlre in IN
surance policy should show who was the
owner of the property at the time the same
was destroyed by flre.
Superior Court.
Room John l.. McMaster. Judge
Joseph ]. Kreber VS.. Home Investment
Company; contract. Finding and Judgment
IOT pldlulllA etSe1AAASI NSASAAAAN III *OOO $3.50
costs. .
Benedict Bannaworth VS.. Louis Mueller;
to quiet title. On trial by court.
Room S-Vinson Carter, Judge.
The Wayne International Building and
Loan Association VS.. Henry G. Prange ct
al; foreclosure. William II. Beerman ap-
pointed receiver to collect rents
Louis Buschmann ct al VS. Walter Shelby;
appeal. Finding for plaintiff for $132 dam
ages and possession of property. Judgment
against defendant for costs.
Norah Denton VS.. Thomas 8. Denton; dI-
vorce. Granted plaintiff. Judgment against
defendant for costs.
Fatina ]. Cress VS.. William III. Cress; di-
vorce. Trial by court.
Circuit Court.
Henry Clay Allen, Judge.
George B. Yandes ct al. VS. Norman s. By
ram ct AL; to quiet title Dismissed by
plaintiff. Judgment against plaintiff for
costs.
son. Defendant defaulted. Submitted to
court Evidence heard. Finding for plain
tiff Decree of divorce and maiden name,
Nellie b. Knox. restored. Judgment against
defendant for costs.
New Suits Filed.
J. c. Burgan VS.. the Frank Bird Transfer
Company; suit on contract. Circuit Court.
John w. Carrier VS.. William Wantland;
suit on note Circuit Court.
Jacob Arnold VS. Colista Waite; mechan-
les lien. Superior Court, Room 2.
James Turner ct al VS.. William Bolger
eft al mortgage. Superior Court, Room l.