Legal Opinion

Aetna Life Insurance v. Stryker

Indiana Court of Appeals

Decided January 29, 1908No. 6,083PublishedCited by 4 opinions

From Pulaski Circuit Court; Timothy E. Howard, Special Judge. Suit by Jacob Stryker against the Aetna Life Insurance Company and another. Prom a decree for plaintiff, defendants appeal.

1Opinion of the CourtMyers, J.

Appellants ’ motion for a new trial as of right was overruled by the trial court, and the correctness of this ruling is the only question presented by this appeal.

Appellants insist that this was a suit limited to ejectment and to quiet title to real estate, while appellee contends that it was a suit to be allowed to redeem real estate from a completed mortgage foreclosure proceeding, and for possession and to quiet title.

1. The rule as stated by the court in Seisler v. Smith (1898), 150 Ind. 88, 92, is that “in actions to quiet title to real estate, or in actions of ejectment, under §1062…

2Cases cited9 opinions

  1. Wilson v. BrookshireIndiana Supreme Court · 1890
  2. Seisler v. SmithIndiana Supreme Court · 1897
  3. Nutter v. HendricksIndiana Supreme Court · 1898
  4. Bennett v. ClossonIndiana Supreme Court · 1894
  5. Wilson v. HefflinIndiana Supreme Court · 1881

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Larrance v. LewisIndiana Court of Appeals · 1912
  2. Garrick v. GarrickIndiana Court of Appeals · 1909
  3. Frankel v. VossIndiana Court of Appeals · 1915
  4. Nesbit v. EnglishIndiana Court of Appeals · 1915

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