Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 34

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 34

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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. 1892 edition. Excerpt: ...that he was a resident, at that time, of California. In VVarrm v. Carey, 5 Ind. 319, it was alleged that there were false and fraudulent representations with reference to the title, on the faith of which the deed, &c., was taken, and thelparty entered into possession; that the grantor had removed from the State, and had become insolvent. There was also a positive allegation of a want of title to two-fifths of the land, while here there is no such allegation, but only a statement that a suit was pending involving the title, which might result in depriving the appellant of the land. In Fit: /2 v. Pallet', 7 Blackf. 564, the court say, " It appears that the complainant was deceived by the false representations of the vendor as to his title," &c. In Patton v. T aylar, 7 How. I32, it is held, that a bill in chancery filed by the purchaser of land against his vendor to restrain the collection of the purchase-money upon the two grounds of want of title in the vendor and his subsequent insolvency, without charging fraud or misrepresentation, cannot be sustained. See, also, I/Vi/ey v. Fz'tzpatrir/c, 3 J. J. Mar. 582. The demurrer was rightly sustained. VVe need not examine the question made by the appellee as to the verification of the cross complaint. There is nothing showing any error in the.disposition of the case after sustaining the demurrer to the cross complaint. The record shows that the appellant refused to plead over, but abided the decision of the court upon the demurrer to his cross complaint; that the cause was submitted to the court for trial, "by the plaintifi,"" and the court having heard the evidence, &c., finds, &c. The appellant argues that there was error "in the more

Product details

  • Paperback
  • 189 x 246 x 12mm | 395g
  • English
  • Illustrations, black and white
  • 1236915100
  • 9781236915108