Fletcher v. Holmes
Indiana Supreme Court
APPEAL from tlie Marion Civil Circuit Court. This suit was originally brought by Eletcber, the appellant, against Holmes and others.
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APPEAL from tlie Marion Civil Circuit Court. This suit was originally brought by Eletcber, the appellant, against Holmes and others. The facts presented by the record, so far as a statement of them here is'deemed necessary to a proper presentation •.and understanding of the questions raised in this court, are .as follows:— On the 1st of .November, 1853, Allen May, being then the owner of two hundred and forty acres of land, situate in Marion county, Indiana, since called the “Holmes farm,” ■executed a mortgage thereon to Isaac Pugh, to secure the payment of four promissory notes, given by him…
1Opinion of the CourtElliott, J.
The case is one of more than ordinary importance, and involves questions intricate in their character, and somewhat difficult of a satisfactory solution. Rut we are greatly aided in their examination by arguments, on either side, prepared with much labor, care, and ability.
The first and, perhaps, the most important question, to which the attention of the court is directed, is, has Mrs. May, as the widow of Allen May, or Holmes, as her grantee, the right, under the facts in the case, to redeem the lands purchased by the appellant, at the judicial sale, under the mortgage executed by May and…
2Cases cited32 opinions
- Stow v. TifftNew York Supreme Court · 1818
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- Noel v. EwingIndiana Supreme Court · 1857
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- Strong v. ClemIndiana Supreme Court · 1859
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3Cited by33 opinions
- Lowe v. TurpieIndiana Supreme Court · 1896
- May v. FletcherIndiana Supreme Court · 1872
- Bowen v. PrestonIndiana Supreme Court · 1874
- Sinclair v. GunzenhauserIndiana Supreme Court · 1912
- Baldwin v. MoroneyIndiana Supreme Court · 1910
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