The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-16
THE COURT RECORD.
SI1PREME COURT.

III.
versed in part Monks, il. A devisee or
heir of real estate takes the same subject
10 the indebtedness of the deceased. z Un-
der the statutes real estae is as completely
subject to the debts of the intestate as the
personal estate and when the personal
estate is sufficient TO pay the debts or the
intestate but wasted by the administra-
tor, the real estate may be sold for the
payment of debts of the intestate although
the heirs may have sold and conveyed the
same to third parties; such third party ac-
quires the same interest as the heirs had,
but no more, and are bound TO know that
until the estate is finally settled the sale
of real estate belonging to the estate may
become necessary for the payment or DEBTS.
3. An administrator has no right to the
possession of the real estate of his de-
cedent but the title TO the same with the
right of possession vests at the instant OF
the death of the intestate in his heirs, SUD-
ject to the debts of the intestate, and they
take and retain such title with all the
rights and incidents belonging thereto sub
ject to the right of the administrators 10
procure an order TO sell the same TO pay
said debts. 4. In the absence of tesla
mentary provision authorizing such sale
an administrator or executor has no au-
thority TO sell the real estate of his de-
cedent except by order or court D. An
estate is not liable for false representa-
tions or other torts OF an administrator.
1912 Allen vs. Hamilton. Decatur G. c..
Petition for advancement oyerruled-
1851 Shrum VS.. simpson Washington
=. q. Appellant petltlO0 LOT
stricken out for impertinence.
Minutes
19259 Lizzie r. Menaugh, Administrative,
VS.. Bedford Belt Railway Company ct al.
Lawrence c. c. Appellees' brief filed.
1861. Lucy Shrum, Administrative, etc.
VS.. Joseph A. Simpson. Washington c. c.
Appellants petition TO advance struck out
for impertinence.
1850. Levi Sherrin ct al VS.. Chapman
Finn. Grant c. C. Motion for new bond.
Notice and service. Memoranda of author
tiles in support of motion. Appellants af-
fldavit and showing in opposition to mo-
ton, etc.
1928 Elizabeth Miller VS.. George White
1870 Maria Wise VS.. Charles N. Morton.
Lake c. c. Appellee's answer to assign
ment of errors. Appellees brief.
APPELLATE COURT.
3161. Brooks vs. Kemple. Wells c. c. AZ
firmed. Black, j. - l. Where a person
against whose capacity to make contract
nothing appears has executed and acknowl-
edged formal instrument to one who has
assigned IL to another who has caused II
to be recorded in the office of the county
recorder, and IT is brought into litigation
by the party who executed Ii, asserting
rights and obligations Hereunder, 1T will
not be presumed that IL was therein in
tended by the parties or either of them to
do useless absurd thing; yet where
there is no averment OF fraud or mistake
the intention of the parties must be sought
in the terms of the instrument. 2. This
court must construe a contract as ex-
pressed, attributing TO the language used
its ordinary meaning
3075 Maxon vs. Clark Steuben c. C.
Affirmed. Henley, J.-Instructions must be
considered as q whole, and where all the
correctly reversible error can be pre-
dicted upon a single incomplete statement
of the law.
s15l Indiana Bond Company VS. Shearer
Marion c. c.. Affirmed. Comstock, j.
/. Section 1924, Burns. 1884, contemplates
that an assessment for public sewer shall
municipal corporation and that when an
assessment an installment thereof is
paid ii shall be entered upon that record
2. proposed assessment for public i'm
provement cannot become a lien until ap-
proved by the municipal authorities.
$685. City of Evansville VS. Frazer. Van
derburg s. c. Petition for rehearing over
ruled. e -''ff
Sl76 Turner VS.. Turner. Shelby C. c.
Transferred to Supreme Court.
Minutes -fit - ava
1850 The Midland Steel Company VS.
| George A. Daugherty. Delaware G. G.. APP
pellee's motion TO dismiss. Notice served
Appellee's brief on motion C2)
1896. Andrew N. Bosnian VS.. John B.
Mendenhall ct al. Delaware c. c. Appel
| lees motion TO dismiss appeal. Proof OF
notice to motion.
SUPERIOR COURT.
Room 1-John L. McMaster. Judge
| William Kelso VS.. Indianapolis Street.
railway Company; damages. Dismissed fol
Indiana Mutual Building and Loan AS.
ISOLATION VS.. Catherine Stewart; for pos
session of real estate. Jury out.
Room FLAMES M. feathers, Judge.
w. III. II. Shank VS.. Horace L. Pattison
note. Defendant defaulted. Evidence heard
Finding and judgment against defendant
| for $307.65, without relief, and costs.
Bless and Drake VS.. William G. Claw
son; account. Dismissed and costs paid.
Thos. East VS.. Citizens Street-railroa6
Company; damages. Evidence and argu-
ment concluded. Jury instructed and re-
| tire.
Room 3-vinson Carter. Judge.
George T. Row VS.. Columbus p. Preston
| appeal Jury returns verdict for defendant
Charles b. Weston VS.. Emma Weston
| divorce. Cause dismissed. Judgment agains,
plaintiff for costs
Clifford Waters VS.. Caroline Shaub et
al; damages On trial by jury.
CIRCUIT COURT.
Henry Clay Allen, Judge.
William F. Jones VS. James II. Main; pro.
ceedngs supplemental to execution. Sub
mitted to court. Defendant examined. Find
| ing for defendant. Judgment against plain
1 tiff for costs.
Karl Taupt VS. Indianapolis Planning Mil
| Company; receiver. Receiver files petition
".
| Sale to be free from all liens, etc.
William Pollard and Thos. Madden ap
pointed members of the board of review.
| Alice Runnels appointed member of Board
| of County Charities and Corrections, vice
| s. p. Sheerin, resigned.
| Merle n. a Walker appointed Judge pre-
| tenn. of the Circuit Court.
CRIMINAL COURT.
Fremont Afford, Judge
William Howell. burglary: entering hous.
| to commit felony, grand larceny and re
| ceiving stolen goods. Trial by jury. Argu
| ment.
| Grand jury report: Henry Miller; unlaw
| full persons permitted in saloon. Plea o.
| guilty. Fine so.
Henry Miller: doing business withou
| license. Nollied.
Henry Miller; unlawful persons permitted
| in saloon.
Frederick Kettlehake; murder Defend
| ant files motion for change of venue from
| Marion county.
NEW SUITS FILED.
| John Marks VS.. Dora Marks: divorce
| Superior Court. Room 2.
| Wtllet b. Blair ct al. VS.. the City of In
| dianapolis: injunction. Circuit Court
| George w. Stout VS. Charles c. Pricket
| ct al: to foreclose mortgage. Superior
| Court, Room 5.
CTEppEn 0EE TAD