The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-14
THE COURV RECORD.
Supreme Court.

1902. Spacy VS.. Evans. Warren G. G. At
firmed. Bowling, il. Standing trees may
be the subject of a sale by parol, so as to
give the purchaser license to go upon the
land to cut and remove them But the death
of the licensor before the license is exc
cuted effects a revocation of such license
2. The owner of land who causes a survey
to be made agreeably to the provisions Of
the statute, or who consents to a survey
ing or consent. 3. An official survey of land
is pTima facie evidence in favor of the
corners established and the lines so rum
and nothing more 4. When the record dis
by both sides of the cause this court will
not weigh the evidence to reverse the judg-
ment of the lower court,
1S607 Brunson VS. Martin. Jay G. c. At
firmd. Jordan, il. In the construction of
wills the courts will seek to ascertain the
intention OF the testator, and to ascertain
such intention the courts will look to and
consider the entire instrument; isolated
facts and clauses of the testament will not
be selected and their meaning determined
without considering them in connection with
other parts of the will 2. Where a teStatOr
in an item in his will gave his wife in case
she survive him, the right to use all of his
real and personal property during her life
in like manner as she knew him to use it,
and in concluding such item he declares that
''she shall use but the rents and profits of
said estate or so much thereof as she can
make profitable use of, such item be-
queathed to the wife of the testator only a
life estate in his property 3. AS a general
rule, the use of thing means only that the
user is to enjoy, hold, occupy or have in
some manner the benefit Thereof
Appellate Court.
2575. Richardson VS.. League. Howard c. c.
Reversed. Henley, il. The mere fact that
a husband is the agent of his wife win not
bind him for debt contracted by him on
her behalf 2 This court will not review
the instructions of the trial court when they
are not properly in the record. B. When
there is no evidence to support the verdict
and Judgment of the lower court upon the
theory Of the complaint the Judgment will be
reversed.
1862. Roach VS.. Union Trust Company. Ma
rion c. C. Reversed. Wiley, il. Where a.
married woman performs services for her
husband, which the marital relation does not
enjoin upon her, a contract by and between
such husband and wife, that the latter shall
be paid compensation for such services is
valid. 2 Except where she IS prohibited by
statute, q married woman may make con-
tracts with her husband. 3. A married wom-
may loan to her husband money legally
earned by contract with him. and thus
create a liability against him which will be
enforced against his estate.
Superior Cont.
Room ii. L. McMaster, Judge
Anna williams VS. Christian Resener ad-
ministrator; account. Court instructs jury
TO find for defendant.
Joseph Blaschke VS.. Caroline BOehm
habeas corpus Petition denied.
Room FLAMES NJ. feathers, Judge
The Red Clay Orchard Company VS.. James
H. Smith. Jury out
Elizabeth Helgemeier VS.. George a. Hell
gemeier; divorce. Decree granted plaintiff
and judgment against defendant for costs.
Wesley Edwards VS.. Malinda Edwards
divorce. Cause dismissed by plaintiff and
judgment against plaintiff for costs.
Collie r. Kinney, trustee, VS.. the Eureka
Grocery Company; foreclosure of chattel
mortgage. Submitted 10 court.
Room 3-Vinson Carter. Judge.
indianapolis Water Company VS.. Cynthia
Butsch; contract. on trial by jury.
Circuit COurt.
Henry Clay Allen, Judge.
John Holiday et al vs. State Board Of
Tax Commissioners eft al; injunction.
Stricken from docket
Linden Steel Company Us. James =. Nc
Elwaine ct al. Dismissed by plaintiff and
Judgment against plaintiff for costs.
Jesse c. Moore, administrator, VS.. Capital