The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-24
Court.

Appellate Court.
2S7s. SPECIAL VS.. Krag-Reynolds Company.
Hancock {. G.. Affirmed. Comstock, il.
The office of notary public is a public office.
z The right to a public office cannot be
tried In an action of replevin. 3. The action
OF a notary public in taking acknowledge
ments cannot be questioned collateraly. 4.
Where possession of personal property il
taken by the mortgage before the rights of
others attach the irregularity in the &C
acknowledgement is cured.
2493. Storms VS.. Storms. Tippecanoe c.. c.
Affirmed Black IA promise to sell real
estate and account to the grantor for the
surplus after the discharge. of all liens is
supported by, consideration where the
promisor In the agreement conveys to the
promisee the title to prevent the foreclosure
of a mortgage held by the latter
2521. McAfee VS.. Montgomery. Wells c.
c. Affirmed. Robinson, il. An admins
traitor is entitled to recover by replevin
promtSSory notes due the estate but wrong
fully withheld 2. When the title and right
to possession is the question at issue gem
eral verdict for plaintiff is a sufficient find
ing of these facts 3. When the evidence
has been weighed by the jury and trial
court and the preponderance determined it
cannot be reweighed by this court. 4. An
assessment list may be introduced in evil
dence 10 determine what particular property
a person had on a given date. 5. Where
ownership of property is proved to have
once existed it is presumed to have so ex-
listed until the death of such owner or until
1T is shown to have changed. 6. Statements
made out of court may be introduced to
ness.
Superior Court.
Room ii. L. McMaster, Judge.
Ellen Conner IS. John F. Conner; divorce.
State of Indiana ex rel Matte ]. Kelley
VS.: John f. Henninger ct al; bond. Dis
missed for want of prosecution. Judgment
against plaintiff for costs.
Room FLAMES M. feathers, Judge.
Anna M. Moore VS. James NJ Moore: di-
Dismissed nlQiOtiff Ind ant
against plaintiff for costs.
Room S-Vinson Carter, Judge
John F. Loeper VS.. Jennie Loeper: divorce.
Granted plaintiff. Judgment against plant
Minnie Plummer ct al. VS.. Thomas p.
Shufelton ct al; to quiet title. On trial by
court.
Circuit Court.
Henry Clay Allen, Judge.
Hugh Sweeney VS. Robert Duncan ct al ::
replevin. Dismissed for want of prosecu-
ton. Judgment against plaintiff for costs.
Van Camp Hardware and Iron Company
VS.. William Smith ct al; account Sub
mitted to court and evidence heard Judg-
ment against defendants for $461.15 and
costs partnership.
New Suits Filed.
Ada B. Raper vs.. George Raper; suit for
divorce. Circuit Court.
Henry e. Krug VS.. Mary A. Krug; suit
for divorce. Superior Court, Room /.
a Sarah sI =; Campbell VS. Katherine Gal
Eliza j. ST. Clair VS. Sylvanus E. St
Clair; petition for divorce. Superior Court
Room 2.
j. w. Butler Paper Company VS.. the Jour-
nal Job Printing Company; suit on note
Superior Court, Room 8.
Standard Saving and Loan Association of
Indianapolis VS.. George Masonic ct al !;
suit on note. Superior Court, Room 3.
Alonzo w. Carr ct al. VS.. Cyrus w. Neal
suit on note. Superior Court. Room g
Indiana Trust Company VS. Gustave G.
Schmidt; suit to collect rent. Circuit Court
Grand Lodge Knights of Pythias VS.
Castle Hall Association; receiver. Superior
Court, Room 8.
Eva Bryan vs. David c. Bryan; divorce.
Circuit Court
Lilly Wright VS.. Frank Wright; divorce
Superior Court, Room 2.