Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 27
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. 1890 edition. Excerpt: ... the contract. The court permitted the plaintiif to withdraw his answer thereto, and, on the plaintifi"s motion, dismissed the cross-complaint. This is assigned for error by the wife. The cross-complaint set forth that the wife derived her title by descent from her l-ate husband, and that there were children alive, the fruit of her marriage with the husband who died seized of the land. On the trial, the court instructed the jury that "if Finch and wife sold the wife's interest in the real estate, and agreed to make a warranty deed for the same, and at the time of sale represented to the plaintiff that the wife had good right to sell and con vey the same in fee simple, and if Jackson relied upon said statements and believed them to be true, and if it turns out that the wife had no title that she could convey in fee simple, but that she could only convey a life estate, the plaintifi', in that case, would have a right to a return of the purchase money paid; and if the defendant Pettis Finch received the nine hundred dollars paid by Jackson on the purchase, the plaintiff is entitled to a judgment for that amount, with interest from the commencement of this suit. But if the plaintijfl at the time he purchased the land, was well acquainted with all the circumstances connected with the title of Catharine Finch, but was mistaken as to the law in relation to her title and her right to convey the same; and if a quitclaim deed has been tendered, conveying the interest of Catharine Finch, the plaintzjfj in that case, has no right of action, and cannot recover in this suit." That part of the foregoing instruction in italics was excepted to by the appellant. The court below also instructed the jury, that under the facts of the...
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