« ForrigeFortsett »
cles.-Foltz Grocery & Baking Co. v. Brown, LIVERY STABLE AND GARAGE 146 N. E. 97. Om7(3) (Ohio) Legislature may select stand
KEEPERS. ard on which to base classification; it may em 492 (Ind. App.) Evidence held to warrant classify motor vehicles into pleasure cars and enjoining operation of garage near church.commercial vehicles.-Fisher Bros. Co.
Balch v. Perry, 146 N. E. 334. Brown, 146 N. E. 100.
em 44/2 (Mass.) Compliance with notice held Legislature may classify commercial motor not condition precedent to validity of building vehicles according to horse power.-Id.
permit.--McPherson v. Board of Street Com'rs Use of formula adopted by Legislature to of City of Boston, 146 N. E. 244. compute horse power does not result in dis- Duty of street commissioners to grant building crimination, and is therefore valid.-Id.
permit cannot be delegated.-10. Act taxing motor vehicles according to horse Om 8(1), (Mass.) Conditional vendor of autopower held not unconstitutional.-Id.
mobile held entitled thereto as against lien for Om? (8) (Ind.) Act imposing tax upon sales | repairs made after default.-Cuneo v. Smith, of gasoline not invalid because tax also paid 147 N. E. 674. on gasoline as property.-Gafill v. Bracken, 146
LUNATICS N. E. 109.
See Insane Persons. Om7(8) (Mass.) Levying of tax for ownership of motor vehicles held not to invalidate excise for use thereof.-Opinion of the Justices, 146
MALICIOUS PROSECUTION. N. E. 651.
V. ACTIONS. Excise on use of automobile on highway held am 56 (Mass.) Plaintiff must prove_malice and sufficiently different as to commodity from ex- absence of probable cause.-Rich v. Rogers, 146 cise on registration as not to be invalid.--Id. N. E. 246.
When assessment of two excise taxes on Cmw58 (1) (Mass.) Evidence of conversations same commodity would be unreasonable stated.) between plaintiff and defendant competent.-Id.
Rich v. Rogers, 146 N. E. 246.
Plaintiff's statement explaining possession of II. IN RESPECT OF REAL PROPERTY. tickets alleged stolen held admissible.--Id. Om51 (Mass.) License to maintain drain ap- lications held admissible to show malice.-Rich
C~60(1) (Mass.) Testimony concerning pubpurtenant to lands conveyed, and not to be enlarged to include other lands.-A. W. Dodd & 267 (Mass.) Defendant liable for injuries
v. Rogers, 146 N. E. 246. Co. v. Tarr, 146 N. E. 256.
naturally arising from service of process.-Rich
v. Rogers, 146 N. E. 246. LIENS.
C7!(!) (Mass.) Directed verdict for defend. See Mechanics' Liens,
pt rightly denied.-Rich v. Rogers, 146 N. E.
246. emo (Ind.App.) One may create lien on prop-m72(1) (Mass.) Instruction on right of deerty of which he is owner or in possession, fendant to state facts to police and leave matwhich equity will enforce against him.--Sawers
ter to their judgment held properly refused, unGrain Co. y. Goodwin, 146 N. E. 837.
der evidence.-Rich v. Rogers, 146 N. E. 246. LIMITATION OF ACTIONS.
MANDAMUS. II. COMPUTATION OF PERIOD OF
1. NATURE AND GROUNDS IN GENERAL. LIMITATION.
Cw3(1) (Mass.) Performance of ministerial (B) Performance of Condition, Demand, duty compelled by mandamus.—Madden v. Board and Notice.
of Election Com’rs of City of Boston, 146 N. E. 66(3) (N.Y.) That
landowner receiving award of damages in street opening proceed Em 14 (3) (Ohio) Not granted to compel officer ings made no demand for annount thereof, held
to do that which he is willing to do.-State v. not to prevent running of statute of limitations. Bistline, 146 N. E. 288. -In re Elm St. in City of New York, 146 N.
II. SUBJECTS AND PURPOSES OF RELIEF. E. 342. Statute held to bar recovery on warrant for
(A) Acts and Proceedings of Courts,
Judges, and Judicial Officers. award of damages in street opening proceedings. -Id.
m57(1) (Ohio) Writ to compel probate judge
to make alteration in bill of exceptions signed (F) Ignorance, Mistake, Trust, Fraud, and by him not granted.--State v. Bistline, 146 N. Concealment of Cause of Action.
E. 288. Omo 100(10) (Mass.) Limitations held no bar (B) Acts and Proceedings of Public 011to maintenance of bill by heirs to cancel re- cers and Boards and Municipalities. leases to executor.–Flynn v. Colbert, 146 N. ww74(5) (Mass.) Duty of election commisE. 784.
sioners to issue certificate of election held min
isterial, as distinguished from political.--MadIV. OPERATION AND EFFECT OF BAR
den v. Board of Election Com'rs of City of BosBY LIMITATION.
ton, 146 N. E. 280. 165 (Mass.) Where time of enforcement Issuance of certificate of election compelled is essence of right, it is lost if time is disre- through mandamus.-Id. garded.--Hester v. City of Brockton, 146 N. Cum77 (4) (III.) Proper remedy to restore_one E. 224.
illegally removed to possession of office.-PeoC165 (N.Y.) Remedial right arising from ple v. Thompson, 146 N. E. 473. non performance of a duty extinguished when CM82 (III.) Lies to compel public officer to statute of limitations deprives right of its judi- correct mistake in, or supply omission from, cial remedy.-In re Elm St. in City of New record. People v. Hartquist, 146 N. E. 140. York, 146 N. E. 342.
Cmw 100 (Ohio) Proper to determine controCourt may not pervert purpose of statute to versy between mayor and municipality as to avert an unjust result.-Id.
right to certain fees collected; only construcma 175 (Mass.) Executor cannot waive defens- tion of statute being involved.–State v. Nolte, es of limitation.--Finance Corporation of New 146 N. E. 51. England v. Parker, 146 N. E. 696.
Cm 106 (Ohio) Proper remedy to compel par.
ment of fund to policeman's widow. --State v. LIQUOR SELLING,
Carter, 146 N. E. 56.
Om 107 (III.) Will issue to compel payment of See Intoxicating Liquors.
salary during illegal removal, though salary
For cases in Doc.Dig. & Am.Dig. Key-No.Series & Indexes see samo topic and KEY-NUMBER
228(2) (ind.) Contributory negligence of
se, precluding defense of contributory negliOm 109 (Ohio) Village and city officers com- gence.-Id. pelled to draw warrants or orders for claims
(H) Actions, duly allowed.-State v. Bowen, 146 N. E. 108. em 258(7) (Ind.) Complaint for injuries to miIII. JURISDICTION. PROCEEDINGS, AND
nor unlawfully employed held sufficient.--MidRELIEF.
West Box Co. v. Hazzard, 146 N. E. 420.
quitur, so that it was error to dismiss for re
fusal to amend.-Walters v. Baltimore & 0. em 176 (III.) Judgment compelling reinstate- S. W. Ry Co., 146 N. E. 75. ment in office may include command to pay 279(4) (ind.App.) Evidence held to sustain salary. People v. Thompson, 146 N. E. 473.
finding injury due to negligence of fellow serv
ant.-Chesapeake & 0. R. Co. of Indiana v. MANSLAUGHTER.
Hull, 146 N. E. 688.
282 (Ind.) Damages to servant unlawfully
employed held not excessive, though in excess MARRIAGE.
of amount allowable under' Workmen's Com
pensation Act.-Mid-West Box Co. v. Hazzard, See Divorce; Husband and Wife.
146 N. E. 420.
On 286(10) (Mass.). Whether employer
negligent in maintaining slippery platform of See Trade Unions.
dough mixer held for jury.-Garber v. Levine,
146 N. E. 21. I. THE RELATION.
IV. LIABILITIES FOR INJURIES TO (C) Termination and Discharge.
(B) Work of Independent Contractor.
(C) Actions. of contract of employment, has burden of prov. Om 330 (1) (N. Y.) Presumption of control ing performance.-Osadchuk v. Gordon, 146 N. arising out of ownership of car continues until E. 781.
rebutted.-Orlando v. Pioneer Barber Towel ww40(2) (Mass.) Evidence of sales held com- Supply Co., 146 N. E. 621. petent to show value of contract to plaintiff.- Omw 330 (2) (Mass.) Evidence held of no probaChapin v. Hollister-Wilson Laboratories, 146 tive value on issue as to son's agency for N. E. 276.
father.-Murphy v. Hurley, 146 N. E. 45. Cw40 (3) (Mass.) Evidence held to show breach Cw330(3) (Mass.) Son caring for his dog held of contract with salesman.-Chapin v. Hollis- not acting as father's agent.-Murphy v. Hurter-Wilson Laboratories, 146 N. E. 276.
ley, 146 N. E. 45. em 42(1) (Mass.) One wrongfully discharged C332(!) (Mass.) Automobile driver's agency not required to engage in business of different held for jury.-Dennison v. Swerdlove, 146 N. character. --Osadchuk v. Gordon, 146 N. E. 781. E. 27. Em 43. (Mass.) Directed verdict for defendant Cw332(1) (Mass.) Son's agency to_drive auin action for breach of contract held properly tomobile held for jury.-Wiseman v. Rome, 146 denied.-Osadchuk v. Gordon, 146 N. E. 781.
N. E. 28. Whether discharged employé exercised dili-C332 (1) (N.Y.) Employer's assertion not gence in obtaining other employment held for conclusive on question of chauffeur's agency.jury.--Id.
Orlando v. Pioneer Barber Towel Supply Co., 146 N. E. 621.
Presumption of control from ownership of car III. MASTER'S LIABILITY FOR INJURIES
not overcome as matter of law by mere denial TO SERVANT.
of owner.-Id. (A) Nature and Extent in General. Truck driver's agency held for jury.-Id. Om 95 (Ind.) Unlawful employment of minor automobile driver held for jury.-Jasmin v.
Cama 332 (2) (Mass.) Responsibility for acts of negligence per se. -Mid-West Box Co. v. Haz- Meaney, 146 N. E. 257. zard. 146 N. E. 420. en 97 (2) (N.Y.) Employer held not bound to of automobile truck to go to dinner was au
Omn332(2) (Mass.) Whether chauffeur's foresee injury from stick used in connection thorized by employer held for jury.-Walsh v. with meat chopper.-O'Connor v. Webber, 146 Feinstein, 146 N. E. 355. N. E. 200.
VI. WORKMEN'S COMPENSATION ACTS. (B) Tools, Machinery, Appliances, and (A) Nature and Grounds of Master's LiaPlaces for Work.
bility. em 121(6) (N.Y.) Employer held not liable for Cm348 (Ind.App.) Compensation Law liberalinjury to employee using standard machine.--Iy construed.-National "Biscuit Co. v. Roth, O'Connor v. Webber, 146 N. E. 200.
116 N. E. 410.
Cm 351 (Ind. App.) Right of employé to collect (F) Risks Assumed by Servant.
compensation from employer and third party em 204 (2) (Ind.) Unlawful employment of failing to exact required certificate not excluminor negligence per se, precluding defense of sive.- Artificial Ice & Cold Storage Co. v. assumption of risk.--Mid-West Box Co. v. Waltz, 146 N. E. 826. Hazzard, 146 N. E. 420.
354 (Ind.App.) Employer of contractor Cow 219(1): (Mass.) Risk of falling into un- held “some person other than employer" as to guarded boiler pit held assumed.-Pilling v. Hall, injured employé of contractor.-Artificial Ice & 146 N. E. 689.
Cold Storage Co. v. Waltz, 146 N. E. 826. 146 N.E.-60
Provision of Compensation Act excluding 375(1) (Ind.App.) Injury held in course of rights at common law inapplicable as between employment, though act was in violation of oremployé and third person.-Id.
der.-Fox v. Slusser, 146 N. E. 875. Employer's failure to exact statutory certificate fiom contractor, held not to preclude contractor's employé from prosecuting action at
(B) Compensation. law against employer of contractor.-Id.
Ow385(1) (Ind. A pp.) Compensation based on 354 (Ind.App.) Employer's gift of agreed wages earned during pine-hour day held propcompensation not impairment of employee's er.-Franklin Tp. v. Litch, 146 N. E. 845. right against third party.-Pittsburgh, C., C. & cm 385(11) (L.) Employee suffering from St. L. R. Co. v. Keith, 146 N. E. $72.
hysteria caused by electric shock held entitled Negligent third party not required to indem- to compensation for permanent partial disabil. pify employer or insurance carrier for gift to ity.-Harrisburg Coal Mining Co. v. Industrial employee.--Id.
Commission, 146 N. E. 543. Employee may have both judgment against On385 (15) (III.) Temporary total disability wrongdoer and compensation allowed, but must proved by showing inability to work.-Lehigh elect to collect from one source.-Id.
Stone Co. v. Industrial Commission, 146 N. E. 354 (Ohio) Owner of premises held not 533. employer of employé of independent contrac- w385(15) (III.) Neither Industrial Commistor complying with Compensation Act.-Trum- sion, nor courts can speculate as to probable bull Cliffs Furnace Co. v. Shachovsky, 146 N. length of partial incapacity.--O'Gara Coal Co. E. 306.
v. Industrial Commission, 146 N. E. 546. 356 (Ind. App.) Contributory negligence -385(16), (Ind.App.) Állowance for artificial and assumption of risk no defense under Com
eye not authorized under Compensation Act.pensation Act.-Chesapeake & 0. R. Co. of In- Franklin Tp. v. Litch, 146 N. E. 845. diana v. Hull, 146 N E. 688.
On385(19) (ind.App.) Compensation for 500 356 (Mass.) Assumption of risk no defense cessive. - National Biscuit Co. v. Roth, 146 N.
weeks for total disability employé held not exunder, Compensation Act.-Garber v. Levine, 146 N. E. 21.
E. 410. Cm361 (III.) Employer may be liable for com-mo386 (4) (III.) Lumpsum awards not fapensation, though not exclusively engaged in yored:- Sangamon County
Mining Co. v. Inhazardous occupation.-Peterson v. Industrial dustrial Commission, 146°N. E. 492. Commission, 146 N. E. 146.
Lump sum award held not for best interest of
widow.-Id. 363 (111.) Farmer operating. sawmill farm and his employee held within Compensa
Widow seeking partial lump sum settlement tion Act.-Peterson v. Industrial Commission, must show interest.-Id. 146 N. E. 146.
ww387 (Mass.) “Negligence" and serious Cm 366 (Ind.) Minor unlawfully employed hela willful misconduct” distinguished.-Durgin's entitled to sue for injuries, notwithstanding Case, 146 N. E. 694. Workmen's Compensation Act.--Mid-West Bor m388 (Mass.) Claim for compensation for Co. v. Hazzard, 146 N. E. 420.
injury not vested right, passing to personal Even before amendments, Workmen's Com- representative.-Cherbury's Case, 146 N. E. pensation Act applied only to those lawfully : 389 (N.Y.) Acceptor of award not entitled employed.-Id. em 367 (Ind.App.) Employer's failure to exact Travelers’ Ins. Co. v. Brass Goods Mfg. Co.,
to any part of recovery against wrongdoer.statutory certificate from contractor only cre
146 N. E. 377. ates secondary liability on part of employer.Artificial Ice & Cold Storage Co. v. Waltz, 146
“Subrogation" within Compensation Law deN. E. 826.
fined.-Id. em 367 (Ind.App.) Doubt as to whether work
Carrier subrogated to full rights of assignor man is employee or independent contractor re accepting award under Compensation Law.-Id. solved in favor of former status.-Domer V.
em 393 (Ind.App.) Widow's right to compenCastator, 146 N. E. 881.
sation not terminated by marriage voidable for w373 (Ind.App.) Employer should protect N. E. 869.
fraud.–Eureka Block Coal Co. v. Wells, 146 himself from consequences of horse play among employees by rules.-Western Union Telegraph late back to time of marriage as to payment of
Annulment of marriage of widow held to reCo. v. Owens, 146 N. E. 427. ww373 (Ind. App.) Injury from kick by mule
compensation.-Id. held in course of employment.-Franklin Tp. marriage held not to prevent reinstatement as
Receipt for compensation by widow on rev. Litch, 146 N. E. 8i5.
dependent.-Id. 373 (Ind.App.) Injury held not result of
Award reinstating widow as dependent on anpractical joking, participated in by, injured nulment of marriage should be for remainder employee, but compensable.- May Chevrolet of compensation period.-Id. Co. v. Armstrong, 146 N. E. 817. Cam 373 (Mass.) Injury by fall on floor held not hazard of employment.--cin
(C) Proceedings. mino's Case, 146 N, E. 215.
www397 (Ind.App.) Employer contesting appliCom 373 (Ohio) Motion picture operator's loss cation cannot question Industrial Board's juof sight hela not compensable.--Industrial risdiction.-Eureka Block Coal Co. y. Wells, Commission of Ohio v. Russell, 146 N. E. 305. 146 N. E. 869. ema375(1) (1.1.) Injury to salesman returning Cum 398 (11.) Word "employee,” in Compensa; from buying cigars for customer held compensa- tion Art, as to defects in notice, held clerical ble as arising out of and in course of employ: misprision, and to mean employer. -Yellow Cab ment."-Solar-Sturges Mfg. Co. v. Industrial Co. v. Industrial Commission, 146 N. E. 160. Commission, 146 N. E. 572.
Furnishing of medical services held payment 375(1) (Ind. App.) Injury to employé, fall- 1 of compensation, extending time for claim.--Id. ing from window during rest period, held com- Cw401 (111.) Compensation claimant held not pensable as arising out of and in course of to have shown liability for injury under allegaemployment."--National Biscuit Co. v. Roth, tions in application.-Consumers' Co. v. Indus116 N. E. 410.
trial Commission, 146 N. E. 539. Employé doing what he might reasonably 403 (11.) Common-law rules as to burden have been expected to do not without scope of proof applicable in compensation case.- Me. of employment.--Id.
hay v. Industrial Commission, 146 N. E. 494: C375(1) (Ind.App.) Injury to messenger boy Consumers' Co. v. Industrial Commission, 146 attempting to climb fire escape while at play V. E. 5:39. held not compensable.-Western Union Tele-C403 (Ind. App.) Burden on
employer to graph Co. v. Owens, 146 N. E. 427.
prove employé forfeited compensation by fail
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
Northern Indiana Power Co. y. Hawkins, 146
416 (Mass.) Order of superior court reCm 405(1) (III.) Evidence held to show em- mitting matter to Industrial Board held error. ployer had notice of accident within 30 days.--McCracken's Case, 146 N. E. 904. Yellow Cab Co. v. Industrial Commission, 146 m 416/2. [New, vol. IIA Key-No. Series] N. E. 160.
(Mass.) Decree requiring payment of w405(1) (III.) Industrial Commission should compensation in accordance with agreement held make finding favor of party in whose favor erroneous, in view of prior order recommitting evidence preponderates.-Mehay v. Industrial matter to Industrial Board.--McCracken's Commission, 146 N. E. 494.
Case, 146 N. E. 904. ww405(1) (III.) Claimant must prove injury m417(3/4) (Ind. App.) Industrial Board's orby greater weight of evidence.--Lehigh Stone der suppressing depositions not appealable.Co. v. Industrial Commission, 146 N. E. 533. D'Agostino v. General American Tank Car CorOm 405(1) (Ind. App.) Evidence held to
poration, 146 N. E. 216. tain finding of gift of compensation not affect-lem417 (314) (Ind. App.) Orders of Industrial ing third party's liability to employee.- Pitts- Board other than final award not appealable.burgh, C., C. & St. L. R. Co. v. Keith, 146 N. Kuratnik v. Illinois Steel Co., 146 N. E. 216. E. 872.
417(314) (Ohio) Appeal from order deny. Cm 405(2) (Ind.App.) Evidence held to tain finding workman was employee and not allowed.-Industrial Commission of Ohio
ing compensation for occupational disease not independent contractor.-Domer v. Castator,
Monroe, 146 N. E. 213.
reversing compensation case on error con
On 417(5) (Ind.App.) Appellate court justified man, hired to supervise repairing of house, fessed where appellee has not filed brief on merwas employed in usual course of business.-Id. Cw405 (4)° (.) Evidence held to warrant find-its: - Western Union Telegraph Co. v. Owens,
146 N. E. 427. ing of permanent disability caused by accident. -Perry County Coal Corporation v. Industrial em. 417(7) (II.) Court will give due weight to Commission, 146 N. E. 468.
finding of Industrial Commission.-Mehay v. C405(4) (II.) Accidental injury resulting Industrial Commission, 146 N. E. 494. in disability not shown.--Mehay v. Industrial
Finding of compensable injury conclusive, Commission, 146 N. E. 494.
unless against weight of evidence.-Id.
Cw417(7) (Ind. App.) Cause of disease ques-
Finding of Industrial Board on evidence con-
N. E. 875; Domer v. Castator, 146 N. E. 881. m405(6) (III.) Finding of permanent dis-m417 (9) (Ind. App.) Allowance for artificial ability held not impeached by evidence of un
eye not authorized under Compensation Act but successful commercial ventures.--Perry County
could be corrected by modification.Coal Corporation v. Industrial Commission, Franklin Tp. v. Litch, 146 N. E. 845. 146 N. E. 468. em 405(6) (III.) Evidence held insufficient to Enw 418(4) (11.) Application for compensation sustain award for permanent total incapacity.- part of record subject to review.-Consumers' New Staunton Coal Co. v. Industrial Commis. Co. v. Industrial Commission, 146 N. E. 539. sion, 146 N. E. 481.
Om 418 (7) (111.) Supreme Court may direct m405(6) (111.) Evidence held not to support application for compensation be amended.finding of temporary total disability.-Lehigh Consumers' Co. v. Industrial Commission, 146 Stone Co. v. Industrial Commission, 146 N. E. N. E. 539. 533.
Cm 419 (111.) Decrease of disability not estab-
Burden on party asserting change in disability
trial Accident Board. from whose decision no
Finding of single member of Industrial AcCase, 146 N. E, 694.
cident Board that incapacity was at end held
II. RIGHT TO LIEN.
(C) Agreement or Consent of Owner.
(D) Persons Entitled in General, Tp. v. Litch, 146 N. E. 845.
Cm93 (Mass.) Lien held not affected by failOm 416 (Ind.App.) Finding of permanent “im- ure to completely perform contract due to ownpairment" to earning wages, rather than "dis- er's breach.-Scholl v. Fleischer, 146 N. E. 725.
III. PROCEEDINGS TO PERFECT. and failure to redeem within period agreed, held Om 130(2) (Mass.) Filing separate lien on
not to merge mortgage lien with fee title, nor buildings on contiguous lots held
unnecessary. extinguish foreclosure proceedings.-Williams v. --Scholl v. Fleischer, 146 N. E. 725.
Williston, 146 N. E. 143.
VII. PAYMENT OR PERFORMANCE OF
CONDITION, RELEASE, AND
315(1) (Ind.App.). Satisfaction of mort(A) Rights and Remedies of Owners.
gage by husband held not to release interest C 48 (111.) Coal under soil is real estate, of wife therein.--Anderson Banking Co. of capable of being held in fee by person other Anderson v. Gustin, 146 N. E. 331. than owner of surface.-Fowler v. Marion & Co 319(3) (ind.App.) Facts found held to Pittsburg Coal Co., 146 N. E. 318.
warrant inference that broker was not to pro
cure credit on purchasers' contract as agreed (C) Leases, Licenses, and Contracts. until completion of building on lot.-Furman v. m56 (11.) Coal lease is grant of interest, Glueck, 146 N. E. 586. and not mere license.--Fowler v. Marion & Pittsburg Coal Co., 146 N. E. 318.
X. FORECLOSURE BY ACTION. Cm62(1) (III.) Coal lease held to convey free-|(1) Judgment or Decree and Execution. hold estate.- Fowler v. Marion & Pittsburg ww494 (ill.) Requirement that commissionCoal Co., 146 N. E. 318.
er's sale of property be confirmed by court is Extent of interest conveyed by lining lease good and safe practice.-Moeller v. Miller, 146 depends on intention of parties, to be ascer- N. E. 449. tained from language used.--Id.
(3) Sale. ww70(6) (III.) Bill to enforce forfeiture of
foreclosure statute coal lease for nonpayment of royalties held on 501 (!!!.) Mortgage insufficient.--Fowler v. Marion & Pittsburg Hall v. American Bankers' Ins. Co., 146 N. E.
held not void as violating due process clause.Coal Co., 146 N. E. 318. Lease not forfeited for ground other than
137. that pleaded and stated in notice of forfeiture.
Mortgage foreclosure statutes held not repug-Id.
nant, and did not deprive mortgagor or right
of foreclosure sale at public vendue.-Id. III. OPERATION OF MINES, QUARRIES. Mortgage foreclosure statute requiring sale of AND WELLS.
premises "immediately” on expiration of re(B) Mining Partnerships and Companies. demption period, held constitutional.-Id.
m504 (ill.) Sale under foreclosure decree not 105(0), (III.) Coal corporation not a “pub- enjoined because of mortgagee's contract to sell lic utility.”—Cleveland, C., C. & St. L. Ry. Co. premises and not assist any one to redeem.v. Commerce Commission, 146 N. E. 606. Hall v. American Bankers' Ins. Co., 146 N. E.
137. ' MINORS.
When sale under foreclosure decree will not See Infants.
be enjoined for errors or fraud, stated.-Id.
m526(1) (11.) Where decree of sale requires MORTGAGES.
confirmation by court sale is not consummated I. REQUISITES AND VALIDITY. until confirmed.-Moeller v. Miller, 146 N. E.
449, (A) Nature and Essentials of Conveyances
Chancellor has broad discretion in matter of as Security.
approving sale, where no right of redemption On 20 (11.) Right of redemption not barred exists, and deed is not made until after conexcept in mode recognized by law.-Williams v. firmation.-Id. Williston, 146 N. L. 143.
Om 526 (2) (111.) Where master's sale properIII. CONSTRUCTION AND OPERATION.
ly conducted, mere inadequacy of price will not
justify court in refusing confirmation of sale, (B) Parties and Debts or Liabilities Se- unless so great as to amount to fraud.-Moeller cured.
v. Miller, 146 N. E. 449. Cam 112 (Ind. App.) Each of mortgagees held to To warrant refusal of confirmation of sale own an undivided half interest in mortgage and on ground of inadequacy of price amounting to in notes secured thereby --Anderson Banking fraud, further fact that there is no right of Co. of Anderson v. Gustin, 146 N. E. 331. redemption must exist.-1d.
Sale price of property held so grossly inadeV. ASSIGNMENT OF MORTGAGE OR DEBT,
quate as to amount to legal fraud warranting Cm 236 (Ind.App.). Assignment of notes se refusal of confirmation, and granting resale. cured by mortgage held to operate as an equita- -Id. ble assignment pro tanto of mortgage.--Ander-Cow 527 (III.) Master's certificate does not give son Banking Co. of Anderson v. Gustin, 146 purchaser title, but merely right to receive reN. E. 331.
demption money or deed on expiration of reC244(2) (Ind.App.) Mortgage assignee hela demption period.--Williams v. Williston, 146 N. not entitled to rely on representations that E. 143. mortgage assigned to it was a first mortgage. Cu 529(3) (III.) Though sale not required to --Anderson Banking Co. of Anderson v. Gus- be confirmed by court, it should on proper comtin. 16 N. E. 31.
plaint be set aside for fraud or gross irreguC 249(3), (Ind.App.). Mortgagee's release of larity:-Moeller v. Miller, 146 N. E. 449. mortgage held to deprive assignee of mortgage Emo 529(7) .(III.) Any circumstance indicating notes of so much of her equitable interest in unfairness in addition to inadequacy of price mortgage secured undivided one-half of warrants resale.--Moeller v. Miller, 146 N. E. each of notes held by her.-Anderson Banking
449. Co. of Auderson v. Gustin, 146 N. E. 331.
(0) Operation and Effect. VI. TRANSFER OF PROPERTY MORT
586 (UI.) Owner of equity of redemption
has same estate before and after foreclosure
sale.-Williams v. Williston, 146 N. E. 143. 292(8) (Ind. App.) Cannot be foreclosed as
XI. REDEMPTION. against purchaser complying with terms of 591 (1) (III.) Right of redemption purely vendor's note and mortgage.--Furman v. statutory:-Hall v. American Bankers' Ins. Co., Glueck, 146 N. E. 586.
116 N. E. 137. 296 (III.) Agreement between purchaser at Cw594 (1) (III.) Redemption may be made by foreclosure and owner of equity of redemption, any person if holder of certificate of sale ac