The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-04
MEDICAL RULES INVALID
COURT HOLDS THEY DO NOT AFFECT
PROPERTY OWNERSHIP.
Peculiar Deed for Physiological Col
Iege-TroubIes of Two Wives
Asking Divorce.

A deed Of an unusual character has been
filed as an exhibit in the complaint of the
Physiological College of Indiana against
George Hasty and ffty-seven other de-
PENDANTS and the unknown heirs Of NELLIE
Veenboer to quiet title. The contents of
the deed were brought to light yesterday
when Judge McMaster held that the Physio-
Medical College of Indiana had a fee sim
pie title to the property at the corner of
Alabama and North streets, and that the
limitations and provisions of the deed,
which were very restrictive in every par
ticular, we're void.
The property was originally purchased by
a number of men who now constitute the
present faculty from Theodore and May
Wright Sewall for Sc, 200, subject to a mort
gage of $1,000 held by the John Hancock
Mutual Life Insurance Company. 1t was
then decided to the Physiological Col
lege by the purchasers, and it is this deed
which was the important feature in the
litigation. Claimants other than the John
Hancock Mutual Life Insurance Company
and the srantors in the deed sought to
hold an interest in the property and the
college filed suit against them, with the ex-
ception of the life insurance company. max
ing the members of the faculty defendants,
to quiet the title.
The deed In question provides that the
male grantors shall be teachers and pro-
fessors in the school and details infinitely
the course of instruction to be pursued.
In outlining the provisions regarding the
school the deed says that the said prin-
ciples OF said school of medicine forbid
the teaching or practice of the theory or
doctrine that known polSons of any kind
or character shall be used as remedies for
diseases or as palliauvss, and require that
said pOisonS should Only be EMPLOYED in
connection with surgical operations as
nnaesthetics or in destroying parasites or
like things which it is desirable to kill,
and that no member of the faculty of the
grantee herein who may at any time, pub
licily or privately. teach the use or appli-
cation of any agent that Is known to phys
io-medicalists to be. poisonous. noxious or
destructive in its effect on the human sys-
tenn, or that hereafter shall be proven TO
possess such properties"
Besides these provisions for conducting
the school the most rigid rules are laid
down for teachers and demonstrators 1t
Is set out in the deed that If any member
of the faculty, teacher or demonstration
shall be found guilty of using poison in vio-
lation of the doctrine Of Observation-Disclosures
ne shall be suspended and his interest in
the property shall be forfeited. The deed
also provides that If the grantee should
fail the title should at once revert to the
grantors. their interests to be determined
by the amount of labor and number Of
hours each spent in teaching or demonstrat-
ing in proportion to the total amount Of
labor in conducting the entire course OF
instruction. Provision is also made for
new teachers. The deed gives them an
interest in the property proportionately
equal to the others, based upon the num-
Der OF hours of service and labor, provid-
ing such labor is used in the interests of
the college and contributed to the pay
ment of liens and other claims.
These numerous provisions the judge held
to be invalid and granted a fee simple
title to the college for the property.