Irving v. M'Lean
Indiana Supreme Court
APPEAL from the Union Circuit Court. A bill in chancery was filed, in the Union Circuit Court, by Benjamin and Hannah M’Lean against James Irving. The facts as shown by the bill, answer, and depositions, so far as concerns the opinion of the Court, are as follows:— John M’Lean, resident in the state of Pennsylvania, died there a few years ago intestate, being possessed of considerable personal property, and leaving the complainants his heirs at law.
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APPEAL from the Union Circuit Court. A bill in chancery was filed, in the Union Circuit Court, by Benjamin and Hannah M’Lean against James Irving. The facts as shown by the bill, answer, and depositions, so far as concerns the opinion of the Court, are as follows:— John M’Lean, resident in the state of Pennsylvania, died there a few years ago intestate, being possessed of considerable personal property, and leaving the complainants his heirs at law. The defendant, as an executor de son tort, obtained possession of the property belonging to the estate, and converted it to his own use. He also…
1Opinion of the Court
Stevens, J.,
after stating the facts in the cause, delivered the following opinion of the Court:
Numerous objections are raised in this case, and divers errors assigned, but this opinion will be confined to one. We are met at the threshold by an objection which renders all further investigation useless.
The complainants in the original bill have not shown that they are entitled to any relief. They claim as the children and heirs of John M’Lean, deceased, and the record expressly shows that the domicil of the intestate and his family was in the state of Pennsylvania, that he died there, and that…
2Cases cited1 opinion
- Decouche v. SavetierNew York Court of Chancery · 1817
3Cited by5 opinions
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- Gunderson v. GundersonWashington Supreme Court · 1901
- Tyler v. KentIndiana Supreme Court · 1876
- New York, Chicago & St. Louis Railroad v. CroyIndiana Supreme Court · 1920
- Knotts v. Clark Construction Co.Indiana Supreme Court · 1921