Pooler v. Hyne
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. • Suit in equity by Jennie Hyne against Cecelia Lukens Pooler, William Ploward, Jr., Cecelia Howard Hacket, Mary Howard Barbour, Julia E. Howard Osborn, Laura Howard Cox, Birdie Bell Howard Simpson, and Tillman Overton Ploward. Decree for complainant, and defendants appeal.
Read the full summary
Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. • Suit in equity by Jennie Hyne against Cecelia Lukens Pooler, William Ploward, Jr., Cecelia Howard Hacket, Mary Howard Barbour, Julia E. Howard Osborn, Laura Howard Cox, Birdie Bell Howard Simpson, and Tillman Overton Ploward. Decree for complainant, and defendants appeal. Appellee filed her bill of complaint against Cecelia Lukens Pooler and Isabella Lukens Howard to quiet title to the west half of the northwest quarter of section 12, township 4 south, range 13 west, in Posey county,…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above).
[1,2] Appellee places some reliance upon the decree of the Posey county circuit court in the suit by the Fittons to quiet title. But the decree was a nullity as against Eliza Eukens who was “not found,” and also as against Fidelia Overton and William Clark Eukens who had died prior to the institution of that suit. Thompson v. McCorkle, 136 Ind. 484, 34 N. E. 813, 36 N. E. 211, 43 Am. St. Rep. 334. And appellants claim that the decree is not even good as against Cecelia and Isabella, on the ground that notice by publication given to a married woman by her…
2Cases cited10 opinions
- Patterson v. HewittSupreme Court of the United States · 1904
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
- Haskett v. MaxeyIndiana Supreme Court · 1893
- Ryason v. DuntenIndiana Supreme Court · 1905
- Thompson v. McCorkleIndiana Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Russell v. ToddSupreme Court of the United States · 1940
- Woods Bros. Const. Co. v. Yankton County, SDCourt of Appeals for the Eighth Circuit · 1931
- E. Ingraham Co. v. GermanowCourt of Appeals for the Second Circuit · 1925
- International Bldg. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1952
- Piel v. DewittIndiana Court of Appeals · 1976
4 more not listed; retrieve them via the Exa API.