The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-15


part ought not to bear more than its due
proportion. and equity will preserve this
equality by compelling the owner of each
part to a just contribution. as each part
of the real estate under the common bur-
den shall stand as principal to the creditor
for Its proportion of the whole debt ac-
cording TO the aggregate value Of the lands
affected. and the other parts stand as its
surety. 2. The trial court sitting as a pro-
bate tribunal has full power 10 take
cognizance of all equitable questions aris-
ing in such cases, and will SO mold its or
ders n DEGREES as will accomplish equity
between the parties before it.
1865. Aetna. etc., Insurance Company
VS.. Sellers. Wells c. C.. Judgment set
aside. opinion withdrawn and appellee
given twenty days in which to file brief.
1915, s.,. Aetna Sve etc. Insurance noG Company my
aside and opinion withdrawn.
1904. Bartlett VS.. Williams. Marshall
G. C.. Death of appellant since submission
1928. Hughes VS.. Hughes. Marion c. G.
Publication ordered
APPELLATE COURT.
30O6. Sovereign Camp, ETC., VS.. Haller.
Vanderburg @. c. Reversed. Henley. j.
1. Where death results from some unnat-
ural cause self-destruction Is not to be
death was the result of accident. 2. In an
action on a life insurance policy. where the
defense is self-d~estruction, the burden is
on the insurer TO prove by a -preponderance
of the evidence the suicide Of the assured.
and such defense fails unless the evidence
excludes with reasonable certainty any
hypothesis of death by accident or by the
act of another. 3. The drowning OF a per-
son is presumptively suicidal when there
are no marks of violence. 4. Where one side
of a cause is supported by evidence and
the other is not, that side which is unsup-
ported must fail.
1927. Tarpiee VS.. Capp. Shelby C. C.
Affirmed. Wiley, G. i'll. When the execu-
tors Of an estate pass a creditor the full
amount of his claim, both believing the es-
tate to be solvent and 1t turns out that II
is insolvent. an administrator de bonis non
may recover the excess in amount
paid II the claim is not a preferred one.
2. The creditors of an estate are not re-
quired by law to file their claims within
one year from the granting or letters tes-
tamentary and notice thereof. 3. The law
does not fl any time within which an es-
tate shall be finally settled, though the
policy of the law is that settlement snoulo
be made as speedily as possible. T. An ad-
ministrator of an estate is bound to take
notice of all claims if filed within thirty
days before final settlement of the estate.
1920. L. & V. Railroad Company VS.. Cap
ital Paving Company. Marion Z. y. Feu-
ton for rehearing overruled.
300S. Town of Gosport vs. fricharu-
Owen c. c. Transferred to Supreme Court.
SUPERIOR COURT.
Room John L. McMaster. Judge.
Marshall Glidewell VS.. Nancy Beville;
foreclosure. Finding and Judgment Ior
plaintiff against defendant for $2,5o4.2S.
John E.. York VS.. Artificial Ice Company;
on contract. On trial by jury.
Room Flames M. feathers, Judge.
Volney T. Malott, Receiver; damages. On
trial by jury.
Room S-vinson Carter, Judge.
John Bayrne VS.. Hetherington q Berner
Company; damages. Jury instructed TO
find for defendant.
Cyrus McGhehey VS.. Nancy j. Bash ct
al; damages. On trial by jury.
CIRCUIT COURT.
Henry Clay Allen Judge.
PRESLEY p. Silvey VS.. Nancy Silvey; d.
vorce. Defendant defaulted. Submitted to
court. Evidence heard. Finding for plant
if. Decree Of divorce. Judgment against
plaintiff for costs.
divorce. Defendant defaulted. Submitted
to court. Evidence heard. Finding for
plaintiff. Decree Of divorce. Maiden name
of plaintiff, Myrtle Spencer, restored.
Ida NJ. Stewart VS.. Louis c. Stewart; d.
vorce. BY leave of court plaintiff intro
duces evidence on residence Court finds
for plaintiff. Decree of divorce. judgment
against defendant for $500 alimony and fol-
500 attorneys fees of plaintiff, and costs,
Plaintiffs maiden name, Ida NJ. Steuben,
restored.
Spaulding Machine Screw Company VS.
Sensitive Governor Company ct al; on &C.
count. Plaintiff dismisses cause as to Oil
yer W.. Allen. Submitted to court. Evidence
heard in part.
State ex rel. Malinda E. Willett VS.. Ed
win c. Willett ct al; on bond. Submitted
to court on default of defendant McMor-
| row. Evidence heard. Finding for plaintiff
Judgment against defendant McMorrow
for benefit of relatrix for 500 and costs
Continued for service as to defendant Will
lett.
NEW SUITS FILED.
Helen c. Robinson VS.. Albert r.. Tucker,
| ct AL; foreclosure of mortgage. Superior
Court, Room /.
James E. Mooney VS.. Joseph Cox ct al.
| mortgage. Superior Court, Room 1.
Noah M. Harvey VS.. James w. Swails
Executor; suit to quiet title. Circuit Court,
Jesse Warrington VS.. Sophia z. Rhodes
ct al; suit to quiet title. Circuit Court.
John p. Shoemaker VS.. Charles v. Qott-
man ct al: suit o note. Superior Court
Room 3.