Mutual Benefit Life Insurance v. Simpson
Indiana Supreme Court
From the Montgomery Circuit Court; Jere West, Judge. Action by Alfred L. Simpson, as administrator of the estate of Elijah II. Boxley, deceased, against the Mutual Benefit Life Insurance Company and others. From a judgment for said company for the principal claimed on its mortgage, but denying interest and attorneys’ fees, it appeals. Transferred from Appellate Court under § 1337u Burns 1901.
1Opinion of the CourtJordan, C. J.
Appellee Simpson, as administrator of the estate of Elijah II. Boxley, deceased, filed his petition in the lower court, asking for an order to sell real estate of his decedent for the payment of debts. Appellant held a mortgage on the premises sought to be sold, and was made a party defendant to the proceedings. It appeared and filed an answer setting up its mortgage, and alleging that the same was a first and best, lien on the realty, and that there was due on the mortgage note the sum of $900 as principal, together with $32.50 interest, and $46.12 attorney’s fees. The court, upon hearing…
2Cases cited8 opinions
- State ex rel. Cashman v. Board of CommissionersIndiana Supreme Court · 1899
- Rowe v. BatemanIndiana Supreme Court · 1899
- Newman v. KiserIndiana Supreme Court · 1891
- Chicago Horseshoe Co. v. LewisIndiana Supreme Court · 1901
- Patterson v. RowleyIndiana Supreme Court · 1878
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3Cited by3 opinions
- Beard v. HosierIndiana Court of Appeals · 1915
- Smith v. SmithIndiana Court of Appeals · 1955
- Thurston v. Travelers InsuranceNebraska Supreme Court · 1934