Meyer v. Yesser
Indiana Supreme Court
APPEAL from the Gibson Circuit Court. Suit by Meyer, the appellant, against Mary Yesser, for specific performance of a contract for the sale of land.
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APPEAL from the Gibson Circuit Court. Suit by Meyer, the appellant, against Mary Yesser, for specific performance of a contract for the sale of land. The complaint alleges, that on the- 8th of September,. 1862, the plaintiff purchased of the defendant certain land, which is described, situate in said county of Gibson, for the sum of two hundred and fifty dollars, to be paid on or before the 2oth of December, 1868, with eight per-cent, interest per annum; that, in pursuance of said contract, the defendant delivered possession of said land to the plaintiff, who entered thereon and has- ever…
1Opinion of the CourtElliott, J.
The ruling of the circuit court, in overruling the demurrer to the second paragraph of the answer, presents the only question in the case. The question is, are the facts alleged in the paragraph sufficient to bar the action? We think not. It will be observed that the answer seeks to defeat the action by attacking the validity of the bond referred to in the complaint, only by the allegation that the appellant fraudulently, and without the knowledge or consent of the defendant, procured the bond to be so drawn as to make the purchase money become due on the 25th of December, 1868, instead of…
2Cited by8 opinions
- Beekman v. MarstersMassachusetts Supreme Judicial Court · 1907
- Reeves v. PloughIndiana Supreme Court · 1872
- Langdon v. TempletonSupreme Court of Vermont · 1893
- Miller & Lux v. Enterprise Canal & Land Co.California Supreme Court · 1904
- Fagan v. RootbergIllinois Supreme Court · 1926
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