Emerick v. Miller
Indiana Supreme Court
From Wabash Circuit Court; U. Z. Wiley, Special J udge. Proceeding for a writ of assistance by Harry L. Miller against Louisa Gr. Emerick. From a decree for plaintiff, defendant appeals. Transferred from Appellate Court, under §1837j Burns 1901.
1Opinion of the CourtHadley, J.
— Appellee being the grantee of the purchaser at sheriff’s sale in a foreclosure proceeding, and being denied by the judgment defendant possession of a part of the premises purchased, upon notice and motion procured a redocketing of the foreclosure ease, and thereupon filed his petition for a writ of assistance. The undisputed facts .set forth in the petition are to the effect following: The foreclosure complaint was sufficient; appellant was the. sole mortgagor defendant, and was timely and duly, summoned to appear thereto; she did not appear, and a decree of foreclosure was duly entered…
2Cases cited26 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Root v. WoolworthSupreme Court of the United States · 1893
- Aurora City v. WestSupreme Court of the United States · 1869
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Cavanaugh v. SmithIndiana Supreme Court · 1882
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3Cited by18 opinions
- Stone v. ElliottIndiana Supreme Court · 1914
- Oster v. BroeIndiana Supreme Court · 1902
- Moore-Mansfield Construction Co. v. Marion, Bluffton & Eastern Traction Co.Indiana Court of Appeals · 1913
- TeWalt v. TeWaltIndiana Court of Appeals · 1981
- Larue v. American Diesel Engine Co.Indiana Supreme Court · 1911
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