Balph v. Magaw
Indiana Court of Appeals
From Tipton Circuit Court; J. V. Kent, Special Judge. Suit by Theophilus Magaw, guardian, against James Balph and others. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtRobinson, J.
The judgment in this case rests upon the amended third paragraph of complaint, which avers substantially the following facts: Appellee is guardian of certain minor heirs of Thomas and Mary Cox, deceased; that in the lifetime of Thomas Cox one McCloy executed to him a mortgage on certain described land, to secure $6,000 unpaid purchase money; that Cox assigned the notes as collateral security to the Union Bank to secure a loan from the bank, to him, for $3,000; that afterwards the bank obtained a personal judgment against McCloy for $6,546, the decree providing that out of the judgment there…
2Cases cited15 opinions
- Wilson v. VanceIndiana Supreme Court · 1876
- Gates v. Baltimore & Ohio Southwestern Railway Co.Indiana Supreme Court · 1900
- Lipperd v. EdwardsIndiana Supreme Court · 1872
- Lynch v. Milwaukee Harvester Co.Indiana Supreme Court · 1903
- Barner v. BaylessIndiana Supreme Court · 1893
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3Cited by3 opinions
- Bradford v. WeggIndiana Court of Appeals · 1913
- Runkle v. PullinIndiana Court of Appeals · 1912
- Wise v. LarkinIndiana Court of Appeals · 1908