Marion Bond Co. v. Blakely
Indiana Court of Appeals
From Superior Court of Marion County; J. M. Leathers, Judge-. . Suit by the Marion Bond Company, as trustee, against Allie Blakely. Prom a judgment for defendant, plaintiff appeals.
1Opinion of the CourtRoby, J.
The sole question for decision is whether or not a lot owner in the city of Indianapolis, whose land has been assessed for street improvements under the provision of the Barrett law, she having signed a waiver and ex'er*375eisedher option to pay by instalments (§§3847-3850 Burns 1901), but failed to pay, when due, one instalment, payable on the first Monday in November, paying the amount of the instalment in the January following, before any action had been begun, may, because of such payments so made, and accepted' by the city treasurer, defend against an action to foreclose the lien for the…
2Cases cited2 opinions
- Moore v. SargentIndiana Supreme Court · 1887
- Indiana Bond Co. v. BruceIndiana Court of Appeals · 1895
3Cited by4 opinions
- Stoy v. BledsoeIndiana Court of Appeals · 1903
- Peoples Trust & Savings Bank v. HennesseyIndiana Court of Appeals · 1926
- Voris v. FerrellIndiana Court of Appeals · 1913
- Rowe v. ScottSouth Dakota Supreme Court · 1911