Legal Opinion

Smith v. Allen

Indiana Supreme Court

Decided May 21, 1818PublishedCited by 17 opinions

APPEAL from the Harrison Circuit Court.---Ejectment. Smith, the landlord, was admitted to defend on the usual terms. The evidence, as shown by a bill of exceptions taken at the trial, was as follows: In April, 1812, a judgment was obtained in the General Court of the Indiana territory in favour of Goodwin, against Joseph Brown and James M'Campbell.

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APPEAL from the Harrison Circuit Court.---Ejectment. Smith, the landlord, was admitted to defend on the usual terms. The evidence, as shown by a bill of exceptions taken at the trial, was as follows: In April, 1812, a judgment was obtained in the General Court of the Indiana territory in favour of Goodwin, against Joseph Brown and James M'Campbell. By virtue of an execution on that judgment, the premises were sold as the property of M'Campbell; and Bigger, the lessor of (he plaintiff below, was the purchaser. Upon the sheriff’s deed to Bigger in pursuance of this sale, dated in October, 1813,…

1Opinion of the CourtBlackford, J.

The object of the parol testimony rejected by the Circuit Court,-was to prove the existence of an equitable title in the defendant below, to the premises in question, prior to the date of the judgment. The.principle, however, is clearly laid down, that, in the action of ejectment, an equitable title cannot be set up in opposition to a legal one. Jackson, d. Smith, v. Pierce, 2 Johns. Rep. 221. — Jackson, d. Whitbeck, v. Deyo, 3 Johns. Rep. 422. We think, therefore, the Court were right in rejecting the testimony objected to (1);

The circumstance of M'Campbell's deed to Smith, the defendant…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. Jackson ex dem. Potter v. SissonNew York Supreme Court · 1801

3Cited by17 opinions

  1. Suydam v. WilliamsonSupreme Court of the United States · 1858
  2. Elston v. PiggottIndiana Supreme Court · 1884
  3. Elston v. CastorIndiana Supreme Court · 1885
  4. McQuiddy Printing Co. v. HirsigCourt of Appeals of Tennessee · 1939
  5. Johnson v. BallouMichigan Supreme Court · 1874

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