Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 59

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 59

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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. 1893 edition. Excerpt: ...Descents.--Injunction.--E2: ecution.--Sherfl's Sale.--The complaint in such case also alleged, that the applicant was a married woman, holding real estate descended to her by virtue of her marriage with a deceased former husband, that the judgment complained of had been rendered on a promissory note executed by her, and that such real estate had been levied on and offered for sale by virtue of an execution issued on such judgment; wherefore she demanded that such levy and sale be enjoined. Held, on demurrer, that, under section 18, 1 R. S. 1876, p. 411, of the law of descents, such real estate can not be sold on execution, and that the-complaint is sufficient. From the Clark Circuit Court. J. B. Merriwether, for appellant.. J. H. S'totsenburg and S. S. Johnson, for appellees. Woannn, J.---Complaint by the appellant, against the appellees, to set aside a judgment rendered by default, and to enjoin the levy of an execution upon certain real estate. _ I ' Demurrer to the complaint for want of sufficient facts sustained, and exception. Final judgment for defendants. The facts alleged in the complaint are, in substance, that, on the 7th day of September, 1875, Rossler recovered a judgment in the Clark Circuit Court, by default, against the appellant, Magdalena Schlemmer, Charles Schlemmer, Leonard Carl, J r., and Henry Sittle, for a-sum of over four hundred dollars, upon a promissory note-executed by all the defendants in the judgment, payable to said Charles Rossler; that the appellant, both at the time of the execution of the note and the rendition of the judgment, was the wife of said Charles Schlemmer; that she executed the note at the request, demand and command of her said husband. "That the plaintiff was prevented more

Product details

  • Paperback | 218 pages
  • 189 x 246 x 12mm | 399g
  • English
  • Illustrations, black and white
  • 1236810961
  • 9781236810960