The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-08
SAWS AND MILL SUPPLIES.
USE
BARRY SAWS.
MILL SUPPLIES OF ALL KINDS

the fact of combination as well as the APP
pearance may arise from inference and cir
cumstantial evidence alone.
Reid. etc, GO. Elkhart c. C. Petition for
rehearing Overruled.
2OO1. Polk VS.. Johnson. Johnson c. C:
Petition for leave to file additional brief
1892 Street VS.. varney. etc. Co. Wayne
c. C. Oral argument Jan. 81. 1903.
Minutes
1894 The Adams Express Company vs.
State of Indiana. Jackson G. c. Appel
1885. The United States Express Com
pany VS., the State of Indiana Jackson
1895 The Adams Express Company VS..
the State of Indiana. Jackson c. c. Appel
1887. The Adams Express Company VS..
the State of Indiana. Jackson c. c. Appel
lees brief 81
APPELLATE COURT.
1854 Dixon VS.. Eikenberry. Howard c. c.
Affirmed. Black, p. J.-Where land subject
accrued since the execution of the mort
gage, and the mortgageor becomes by as
Segment the owner of the tax sale certin-
cate, and he, still holding the tax sale GER
tiicate, the time for the execution of a
tax deed thereon not having come. brings
suit to foreclose his matured mortgage,
making no mention in the complaint OF his
tax sale certificate and under the decree In
the foreclosure suit the land is sold to the
MORTGAGE for an amount sufficient to pay
the mortgage Indebtedness and costs or suit,
and no more. and the sheriff's certificate Of
sale on foreclosure and the tax sale certifi-
cate are assigned to Junior incumbrancer.
who was a defendant In the foreclosure
suit, and the land is redeemed from the
sale on foreclosure By another Junior Judg-
ment creditor, who also was defendant In
the foreclosure proceedings, and is sold and
conveyed to him. under a redemption ex-
ecution, and at the expiration of the statu-
tory period for redemption from the tax
sale the mortgageor's assignee or the tax
certificate receives a tax deed, insufficient
to convey title by reason of the fact that
the land owner, the mortgageor. owned per-
sonal property from which the taxes might
have been collected. the holder of such tax
deed may, in an action to quiet his title. en-
force and foreclose the tax lien against
those holding under the sherif's deed on
the les sale under the redemption execution;
1895 Levick VS.. Sager. Porter G. c. Dis
missed. Henley IA Judgment for a
money demand on a contract of $lb3.D Is
wlsnn the s OF Justice on tine
absence OF any OF the exceptions In Sections
and of the acts 1901, p. 500. where appeals
may be taken from judgments within the
| jurisdiction of justices Of the peace.
4221. Ayers VS.. Huddleston. Fayette G..
| c. Affirmed. Robinson, il. In the de-
scription of tract of land, monuments,
| courses and distances, and designated
quantity are all given. the monuments have
| a controlling influence. If there are no
monuments and the other two are given.
Il
| in the absence of monuments and courses
and distances the designated quantity must
| determine. 2. What the boundaries of a
| particular tract of land Is a matter of
| law, but where they are located is ques-
| ton of fact to be determined from evidence.
$780, c., 1. & l.. Ry. Co. VS.. MCGUIRE.
| White c. c. Affirmed. Henley, IA pro-
vision in a railroad mortgage covering
| after-acquired property applied only to
| property acquired for purposes connected
with or appertaining to the railroad mort
| gagged. and not to property never used by
leased to different parties for business pur-
| poses.
/ apt. Dugdale Doney. Marion 8. G.
Affirmed. Roby, c. 1.-THE statute govern
| ing the time for filing motions for new trials
| is imperative and the court has power 20
| grant an extension beyond the time speci-
| fed. without the consent Of the parties, ex-
! pressed or implied.
3479. Robinson & Co. Etter. Wayne
! c. c. Petition for rehearing overruled.
Minutes
1852 The Consumers Gas Trust Company
VS.. Isaiah Howard ct al. Madison S. c.
Appellants reply brief S.)
1853. The Consumers Gas Trust Company
VS.. Crystal Window Glass Company ct al
Madison c. c.. Appellants reply brief (s)
44sO; Edward B. Trent ct al VS.. Andrew
j. Edwards. Owen c. c. Appellee's mo-
| ton and notice to dismiss.
45O8. Supreme Lodge X Of III. ct al VS.
Joseph F. Jones ct al Knox c. c. Appel.
| lees brief (S)
1870. The Indianapolis Street-railway Com.
pany VS.. Leander 3. Earring. administrator
Johnson c. c. Appellee's brief Cs.)
| Railway Company VS.. William Graham, ad
ministr ator. Laporte c. c. Appellant
| reply brief (s)