Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 14Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1861 - Law reports, digests, etc "With tables of the cases and principal matters" (varies). |
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Page 59
... heirs , and that said heirs are estopped , by her answer , from setting up any con- tradictory statement of facts , in defense to the merits of the original controversy , to that she saw proper to rest upon . This presents the first ...
... heirs , and that said heirs are estopped , by her answer , from setting up any con- tradictory statement of facts , in defense to the merits of the original controversy , to that she saw proper to rest upon . This presents the first ...
Page 60
... heirs admit that TOWNSEND was all that came to the hands of the administrator , but MCINTOSH . aver that more was left by the decedent , upon a portion of which executions were levied , & c . The said Barbara's answer admits the ...
... heirs admit that TOWNSEND was all that came to the hands of the administrator , but MCINTOSH . aver that more was left by the decedent , upon a portion of which executions were levied , & c . The said Barbara's answer admits the ...
Page 61
... heirs , & c . The allegations in the bill that Townsend paid for the land are not directly denied , nor are they admitted , by the answers ; but it is averred that whether he made said pay- ment or not , it was , whenever made , so made ...
... heirs , & c . The allegations in the bill that Townsend paid for the land are not directly denied , nor are they admitted , by the answers ; but it is averred that whether he made said pay- ment or not , it was , whenever made , so made ...
Page 62
... heirs at law of one Robert Miller , were the defendants . The complaint , the object of which is to quiet the title to a tract of land in Montgomery county , alleges that on the 17th of May , 1855 , Isaac Castor and his wife , Amy ...
... heirs at law of one Robert Miller , were the defendants . The complaint , the object of which is to quiet the title to a tract of land in Montgomery county , alleges that on the 17th of May , 1855 , Isaac Castor and his wife , Amy ...
Page 63
... heirs , & c . The relief prayed is , that the title of the plaintiff derived from Castor and wife be quieted , & c . Defendants answered- 1. By a general denial . 2. That the land in contest was not purchased with the separate property ...
... heirs , & c . The relief prayed is , that the title of the plaintiff derived from Castor and wife be quieted , & c . Defendants answered- 1. By a general denial . 2. That the land in contest was not purchased with the separate property ...
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Common terms and phrases
affidavit affirmed with costs agreement alleged amount Amy Miller answer APPEAL appellant appellee applied appraisement laws assignment attorney authority averred bill of exceptions Blackf cause of action Cause remanded cent charged Circuit Court claim Common Pleas complaint constitution contract Court of Common Curiam.-The judgment damages and costs deed defendant demand demurrer denial dollars error Evansville evidence executed fact fee simple filed heirs held husband Indiana indictment issue J. W. Gordon J.-Suit John Clem judgment is affirmed judgment is reversed June June 13 jurisdiction jury land lien ment Miller mortgage motion offense overruled paid paragraph party payment person plaintiff pleading possession prison proceedings promissory note prosecution purchase purchase-money question Railroad real estate record recover refused rendered resulting trust reversed with costs rule Sharp Wilkins sold statute sufficient suit sustained Term thereof tion trial trust usury verdict wife witness
Popular passages
Page 598 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury for the same act or omission.
Page 240 - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 78 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 114 - ... but that it rather falls within that principle which gives to the owner of the soil all that lies beneath his surface ; that the land immediately below is his property, whether it is solid rock, or porous ground, or venous earth, or part soil or part water; that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure...
Page 136 - That if a suit be commenced in any state court against an alien, or by a citizen of the state in which the suit is brought against a citizen of another state...
Page 598 - A father, or in case of his death or desertion of his family, the mother...
Page 229 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 551 - All the forms of pleading heretofore existing are abo ished ; and, hereafter, the forms of pleading in civil actions in courts of record, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed by this act.
Page 137 - Court, and the defendant shall, at the time of entering his appearance in such State Court, file a petition for the removal of the cause for trial into the next Circuit Court, to be held in the district where the suit is pending...
Page 598 - ... the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission. The action must be commenced within two years. The damages cannot exceed...