Young v. Stevens
Indiana Court of Appeals
From Wayne Circuit Court; H. G. Fox, Judge. Suit by Martin L. Young and others against Thomas B. Stevens and others for the recovery of money paid as sureties, and to set aside a mortgage as fraudulent against creditors. From a judgment for defendants, plaintiffs appeal.
1Opinion of the CourtRobinson, P. J.
Suit by appellants for a money judgment and for a decree adjudging a mortgage fraudulent.
In 1893 appellee Stevens, with appellants Young and Roth as his sureties, executed to William B. Barefoot his promissory note. In 1891 Stevens mortgaged certain lands to appellee Berlin. Barefoot afterwards brought suit on the Stevens note against Stevens as principal and Young and Roth as sureties, and against Berlin to have the Stevens mortgage to him declared fraudulent and void as to Stevens’ creditors. Young and Roth were defaulted. Stevens and Berlin answered, and Berlin filed a cross-complaint…
2Cases cited8 opinions
- Zimmerman v. GaumerIndiana Supreme Court · 1899
- Montgomery v. VickeryIndiana Supreme Court · 1887
- Downey v. WashburnIndiana Supreme Court · 1881
- Manford v. FirthIndiana Supreme Court · 1879
- Scherer v. SchutzIndiana Supreme Court · 1882
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3Cited by3 opinions
- Mossman Yarnelle Co. v. FeeIndiana Court of Appeals · 1921
- Knotts v. Clark Construction Co.Indiana Supreme Court · 1921
- Mossman Yarnelle Co. v. FeeIndiana Court of Appeals · 1921