Legal Opinion

Cosby v. Powers

Indiana Supreme Court

Decided May 10, 1894No. 16,801PublishedCited by 6 opinions

From the Clinton Circuit Court.

1Opinion of the CourtHackney, J.

The appellants sued to set aside a decree of foreclosure and a sale of real estate under such decree.

It was alleged that the complaint in the foreclosure proceeding was in two paragraphs.

The first paragraph is not set out in the complaint before us, and its only alleged defect was in failing to name, in the body thereof, these appellants, though it does appear that they were named in the title of the action, as stated in the introductory portion or caption.

The second paragraph described the land only by reference to the first paragraph, and alleged an adverse claim, by the appellants, of the…

2Cases cited2 opinions

  1. Essig v. LowerIndiana Supreme Court · 1889
  2. McBride v. State ex rel. ClandyIndiana Supreme Court · 1892

3Cited by6 opinions

  1. Runner v. ScottIndiana Supreme Court · 1898
  2. Thompson v. HarlowIndiana Supreme Court · 1898
  3. Eder v. KreiterIndiana Court of Appeals · 1907
  4. Voyles v. HindsIndiana Supreme Court · 1917
  5. Indianapolis Street Railway Co. v. CoynerIndiana Court of Appeals · 1907

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