Merritt v. Wells

1. The case of Kirk v. The Fort Wayne Gas Light Company, 13 Ind. 56, settles the point that the plaintiff in this case can sue, upon the state of facts appearing by the complaint. But:

2. Is it not manifest that there is a defect of parties defendant? These are, in short, the facts. Eli Allen sold and conveyed to Jeremiah S. Merritt a tract of land, taking the notes of the latter for the purchase-money. Bor the payment of that purchase-money, Allen had, by law, a lien on the land *172in question against Merritt and purchasers from him with notice. Wells became such a purchaser of the land from…