Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 68

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 68

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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. 1884 edition. Excerpt: ...husband, to the exclusion even of his judgment creditors. 2 R. S. 1876, p. 507. This sec, tion 43, however, provides that where, as in this case, the personal estate of the decedent "shall be insufficient to make said sumiof five hundred dollars, the deficit, whatever it may be, shall constitute a lien on the real estate of such decedent, if any there be, and shall be paid in the same order in which judgments and mortgages are now paid." Judgments and mortgages were then, and since have been, payable in the order of their priority of lien. The lien of the judgments mentioned in the complaint attached to the lots described therein, in the lifetime of said Leander J. Mead, but the appellant's lien for her five hundred dollars, or the deficit thereof, certainly did not attach to said lots, until, by the death of said Leander, she, as his widow, became entitled to said sum. So that the judgment creditors of said decedent would be entitled to payment in full of their judgments, out of the proceeds of the sale of the two-thirds part of said lots, before the appellant would be entitled to any portion of said proceeds, on account of the lien of her claim on the said part of said lots. The views we have expressed in this opinion, in regard to the appellant's rights as against the judgment creditors of her deceased husband, are in harmony with, and sustained by, the decision of this court in the case of Recker v. Kilgore, 6'2 Ind. 10. In that case it was decided that the personal property of a deceased husband, encumbered by a chattel mortgage executed by the decedent in his lifetime, to secure the payment of a debt, on default in such payment, might be replevied by the mortgagee from the dece dent's widow, even more

Product details

  • Paperback
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236801245
  • 9781236801241