Reports of the Cases Decided in the Appellate Court of Indiana Volume 63

Reports of the Cases Decided in the Appellate Court of Indiana Volume 63

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...(1890), 152 Mass. 189, 25 N. E. 100. The delivery of the policy by Mrs. Brown to Gcbhart, under the circumstances shown in the complaint, was not such a surrender of the policy as would show that she intended to give up her security. The cross-complaint of appellees was a proceeding in rem. It was alleged that the bank claimed some interest in, or lien upon, the proceeds of the policy. It is our 3. opinion that the pleading was suilicient to require the bank to answer. It is contended by appellees that without some showing by the bank that it was a 4. subsequent holder of the policy for value, it was in no position to claim that the complaint showed laches. In this contention we feel bound to concur, and, therefore, that such question could only be raised by an answer. In Corbey V. Rogers (1898), 152 Ind. 169, 52 N. E. 748, it is decided that where a complaint to foreclose a mortgage recites that a certain defendant claims some interest in the mortgaged property, but if he has any interest it is subject to plaintiff's mortgage, such defendant cannot plead the statute of limitations unless he alleges facts showing that he has an interest in the property. In Schcrer V. Ingerma-n (1887), 110 Ind. 428, 11 N. E. 8, 12 N. E. 304, held that it is only where the laches of a party are of such a character as to work an equitable estoppel, that his right of action will be limited to a less period than that fixed by the statute of limitations. ' Section 361 Burns 1914, 356 R. S. 1881, provides: "All Von. 63-26 defenses, except the mere denial of the facts alleged by the plaintiif, shall be pleaded specially." In Baker v. 5. Kistler (1859), 13 Ind. 63, the Supreme Court said: "The code says: 'All defenses, except...
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Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • United States
  • English
  • black & white illustrations
  • 1236960726
  • 9781236960726