Legal Opinion

Tyler v. Wilkerson

Indiana Supreme Court

Decided May 15, 1863PublishedCited by 6 opinions

APPEAL from the Jennings Circuit Court.

1Per curiam

Suit by creditors of a deceased person to set aside a fraudulent sale of real estate. We think the suit will lie for that purpose. See McNaughton v. Lamb, 2 Ind. 642, and Love v. Mikals.

The distribution of assets among creditors must be made by the Common Pleas Court, and claims must be allowed or litigated in that Court, and the accounts of administrators must be there settled.

The Common Pleas Court would undoubtedly have jurisdiction to set aside a fraudulent conveyance in such case, order a sale, and distribution of the proceeds. Economy would dictate the selection of that forum in the…

2Cases cited1 opinion

  1. McNaughtin v. LambIndiana Supreme Court · 1851

3Cited by6 opinions

  1. Tyler v. WilkersonIndiana Supreme Court · 1867
  2. Galentine v. WoodIndiana Supreme Court · 1893
  3. Mark v. NorthIndiana Supreme Court · 1900
  4. Bottorff v. CovertIndiana Supreme Court · 1882
  5. Loftin v. JohnsonIndiana Supreme Court · 1940

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