The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-03-13
THE COURT RECORD.
SUPREME COURT.

1916. Moore VS.. Ransdal. Clinton c. G.
Reversed. Baker. il. A trust must be
created before title under 1t can be ac-
cepted. .. An agreement for which there
is no consideration cannot be enforced
against the heirs of the person to whom
there was no consideration moving.
1921. -Raper VS.. American Tin-plate COM
pany. Madison G. c. Affirmed. Hadley. j..
i. Questions relating 10 instructlng n
jury to return a verdict for defendant must
reach this court for decision by way or a
new trial in the lower court. and cannot
be assigned as Independent error. 2. To
present any question upon the giving of an
instruction the latter must be in the rec
ord. 3. Laying an instruction into a mo-
ton for a new trial, or copying it into the
transcript does not of itself, bring II into
the record.
1926. Morgan VS.. Hoadley. Hendricks
c. c. Affirmed. Baker. il. This court
on appeal cannot say which side of the
case had the pr~eponderance OF the evil
oence. 2. Where a wife in a foreclosure
OF a chattel mortgage claims ownership
Of the property mOrtgaged by her husband
ii is proper for plaintiff to show various
bill CT sale and chattel mortgages exc
cuted by said husband TO plaintln with
the knowledge of said wife, for the pur-
pose Of working an estoppel of the wife.
3. A married woman may be estopped
from claiming her own property exempt
from payment Of her husbands debts. A.
Instructions must be excepted 90 in the
trial court TO be questioned on appeal, AMI
all the Instructions given should be con-
strued together.
1912. Hydraulic Company VS.. Globe
Paper Company. Elkhart c. G. Affirmed.
Monks, il. After the time for which
a lease, If it had been executed. has eX-
pired, the performance of the stipulation
and conditions OF the lease itself cannot be
specifically enforced; but, IL the proposed
lessee shows that he has changed his posi-
ton in reliance on the oral agreement for
the lease and that there has been such
performance on his part as will take the
case out Of the operation of the statute
OF frauds, a court of equity will decree
the making of the lease In order to clothe
him with such legal rights as would have
attached under the lease had 1t been eX-
ecuted. ?. An oral agreement for making
a lease will not be specifically enforced
against a proposed lessor, If the intended
lessee has already broken a condition on
which a forfeiture would arise; but If IL
Is left fairly doubtful, on the evidence.
whether the condition has I'm fact been
broken by the complainant lessee. the court
Will direct the lease TO be executed and
ante-dated the time OF the alleged breach,
SO that the issue may be fairly presented
IL an action at law. 3. The statutes OF
frauds do not abridge the power OF the
courts TO compel specific performance OF
agreements I'm case OF part performance
SO as 10 take the contract out Of the Op-
Grafton of the statute OF frauds. 4. Except
where expressly restricted by charter Oh
statute. corporations take by implication
the right 10 use all reasonable means OF
executing their express powers. which a
natural person might adopt in the exercise
OF similar powers. 3. An unsigned mem
orandum. a part OF a conversation and
transaction between parties, is admissible
In evidence. 8. A check. together with thu
endorsements thereon, In payment Of rent