Babcock v. Doe on the demise of Bowman
| Decision Date | 26 November 1856 |
| Citation | 8 Ind. 102 |
| Parties | Babcock v. Doe on the demise of Bowman |
| Court | Indiana Supreme Court |
From the Harrison Circuit Court.
The judgment is affirmed with costs.
W. A Porter, for appellant.
W. T Otto and J. S. Davis, for appellee.
Ejectment by the lessee of Bowman against Babcock, to recover possession of a tract of land in Harrison county. Plea, not guilty. Verdict and judgment for the plaintiff.
The title being in one Hallowell, he conveyed the land in dispute to Wynne, who conveyed it to William P. Bowman, who conveyed the same to John Bowman, the plaintiff's lessor. At the time of the latter conveyance, the grantor was an infant, and he died before attaining his majority, whereupon the defendant prayed an instruction to the jury, that they should disregard said conveyance, which instruction the Circuit Court refused to give, and this refusal is assigned for error. The question presented by this instruction was fully considered in the case of Doe v. Abernathy, 7 Blackf. 442, where the authorities were reviewed, and it was held that the conveyance of an infant was voidable only and not void. We adhere to that opinion and it settles this question in favor of the appellee.
The defendant, to show title, gave in evidence a record and judgment of the Harrison Circuit Court, in favor of one Kepley, against Isaac Bowman, father of William P. and John Bowman, and an execution issued thereon with the sheriff's return, and deed showing a sale to the defendant of the premises in question. It was admitted by the defendant that the property had not been appraised, whereupon the Circuit Court excluded this evidence from the consideration of the jury, and the defendant excepted. This ruling is now assigned for error.
This evidence was offered, it is said, with the intention on the part of the defendant of attacking the conveyances to William P. and John Bowman for fraud, and showing that the plaintiff's lessor held the land in trust for his father, the defendant in execution.
The suit of Kepley against Isaac Bowman was an action of debt. The declaration contained two counts; one upon a writing obligatory, dated January 19, 1837, and due December 25 1839, for 600 dollars, with 10 per cent. interest after due; the other upon a note dated January 3, 1842, for 15 dollars, due six months after date. The first note had a credit indorsed upon it of 25 dollars, June 8, 1838; another of fifty dollars, of the same date; and another of 200 dollars, December 12, 1840. There were also the following memoranda upon the note, but by whom made did not appear: "The amount due on this note with its interest is 445 dollars and 30 cents, February 25, 1843." The judgment was rendered October 9, 1849, and was for 375 dollars and 75 cents debt, and 332 dollars and 55 cents...
To continue reading
Request your trial