Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 118

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 118

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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. 1889 edition. Excerpt: ...amount should be assessed against the lands without determining whether any part should be so assessed. There was no error in sustaining the demurrer to the complaint. Judgment aflirmed, with costs. Filed April 19, 1889. S1-IEE11-F's SALE.---Redemption by Heir.--Rigltl of Oredmr to Re-Sale.--Where real estate sold on execution or decretal order is redeemed by an heir of the deceased judgment debtor, the sale is thereby vacated, under section 770, R. S. 1881, and the real estate again subject to sale to satisfy any unpaid balance of the judgment. SAME.--Decedenl's Eslate.----Filing Claim Agai'rwt.---Release of I/ie'n.--Waiver.--A judgment creditor, by filing a claim against the estate of the deceased debtor for the unpaid balance of his judgment and procuring it to be allowed, does not release his lien or waive his right to enforce the original judgment by a re-sale of land after the previous sale has been vacated by redemption. J UDGMENT.--.Bjl/.DQf(.t'lLll.----R6liff1'0'm.---Ab86n66 of Attorneys.--For facts held suflicient, under section 396, R, S. 1881, to entitle a party to relief from a judgment taken against him by default, during the absence of his attorneys, see opinion. From the Jackson Circuit Court. B. H. Burrell, for appellant. F. T. Hord and M. D. Emig, for appellees. BERKSHIRE, J.--This action was brought by the appellant against the appellees to enjoin the sale on execution of certain real estate described in the complaint. The record discloses the following state of facts: On the 30th day of August, 1884, Prince H. Green was the owner of the said real estate, and on that day executed a note to the decedent, Merritt, for one thousand dollars, and a mortgage upon the real estate to secure the note, more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • English
  • Illustrations, black and white
  • 123676885X
  • 9781236768858