The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-10
HIGHER COURTS RECORD.
SUPREME COURT.


1850. McIlwaine- Richards Company VS..
Clifford ct al. Jasper c. c. Affirmed. Jor-
dan. il. a purchaser of land at sale
by the auditor of state, duly made after
proper notice upon default in payment of a
dowment fund of the Indiana University,
takes the same free from the lien Of a
Junior mortgage on such land. q Judicial
foreclosure of such a mortgage to the per
manent endowment fund is unnecessary,
and no right OF redemption exists after
sale.
1881. Wolf VS. Shelton. Reversed. Had
ley, c. il. A purchaser of real estate by
warranty deed has right to set of against
his nonegotiable note. even In the hands OF
assignee for full value the sum which
such purchaser has been compelled to pay
To relieve the purchased land from a pre-
existing lien- 2. Where two notes. both
negotiable, were given for the purchase
money and one of them was retained by
the payee till il had become past due and
thereby dishonored and was then assigned,
and the other, which fell due later. was
assigned TO a bona fde purchaser before
maturity such lien was proper set-off TO
said first mentioned note. the assignment
of the second having put it beyond the
1891 Wright VS.. Berteaux. Madison c.
c. Appellant granted leave to file addi-
tional authorities.
1896. Landes ct al. VS.. Walls ct al Put
nam C. C. Cause advanced Appellee or
dered to file brief before Jan. is.
1902 Wait ct al. VS. Westfall. Marion
c. c. Appellee granted to Jan. 10 to file
brief.
New Suit
2Oo56. August Cordes ct al. VS.; Miles E.
Bottorff jackson C. c. Record. Assign
ment Of errors. In term Bond.
Minute
1996S. Andrew ]. Murdoch VS.. Logansport,
Rochester & Northern Traction Company
ct al. Cass c. c. Appellants brief (S)
APPELLATE COURT.
Demaree Of bridges al
Johnson c. C. Affirmed. Roby. c. il
The statute providing for payment to a
railroad of aid voted by township does
not require as a condition precedent that
the proposed railroad shall be completed
and fully equipped TO meet all demands
which may be made upon IL In the trans
Where no conditions were annexed to the
vote by which the aid was granted. and the
board of commissioners has found that the
company was duly organized and that all
statutory conditions have been complied
with to entitle the company to receive the
voted aid such decision Is conclusive
against a collateral attack by way Of in
junction proceedings to prevent the col.
lection of the voted tax. 8. The courts will
not deny duly organized railroad its clear
legal rights upon mere allegations that 1t
does not intend to carry out the purposes
of its existence.
1928 Board of Commissioners VS.. Marion
Trust Company, receiver. Marion G. G.
Reversed. Wiley, il. The receiver of an
insolvent building association is required
by law to list for taxation the money and
other assets of such association in its hands
and to pay taxes thereon. 2. A building
association which by passing into the hands
of receiver has ceased to exist "as such
is not within the rule declared by Section
4, acts 1897. Page $50, exempting such as
sociations from taxation. even if said act
be valid exercise of legislative power.
43S7. Fleener ct al. VS.. Litsey. Parke G.
G. Petition to advance denied.
1884 Republic /. and s. Company VS.
Jones. Clay c. c. Appellee granted thirty
days additional time.
New Suits
1868. II. William Schipman ct al VS.. J.
Henry Buhner ct al. Jackson c. c. Record.
Assignment of errors. Notice.
1869 William Z. Mickey ct al. VS.. Virgil
Dougan. Dubois c. c. Record. Assign
ment of errors. Notice to Gibson county
Minutes
1862. Sylvester Bertram ct al. VS.. State
ex rel. the Lowell Dredge Company ct al
Fulton c. c. Appellants brief (S)
1853. Lake Shore & Michigan Southern
Railway Company VS.. William Graham, ad-
ministrator. Laporte c. c. Appeilee's
brief 49,
1888 Citizens Street-railway Company VS.
George w. Clark. Marion C. c. Appellee
brief 81