Smith v. Sparks
Indiana Supreme Court
From "Wells Circuit Court; J. M. Smith, Special Judge. Action by Lovina Sparks and husband against William S. Smith. From a judgment in favor of plaintiffs, defendant appeals. Transferred from Appellate Court, under §1337u Burns 1901.
1Opinion of the CourtJordan, J.
Appellee, together with her husband, instituted this action to set aside a sheriff’s sale to appellant of eighty acres of land situated in Wells county, Indiana. Under the issues joined, a trial by the court resulted in a finding in her favor, and, over appellant’s motion for a new trial, assigning the statutory grounds therefor, judgment was rendered setting aside and annulling the sale in question.
The errors relied on for a reversal are (1) overruling a demurrer to the complaint; (2) denying a motion for a new trial.
The complaint alleged and the evidence established the following facts:…
2Cases cited15 opinions
- Jones v. Kokomo Building Ass'nIndiana Supreme Court · 1881
- Main v. GinthertIndiana Supreme Court · 1883
- Davis v. CampbellIndiana Supreme Court · 1859
- Eiceman v. FinchIndiana Supreme Court · 1881
- Weaver v. GuyerIndiana Supreme Court · 1877
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3Cited by3 opinions
- Staser v. Gaar, Scott & Co.Indiana Supreme Court · 1906
- Security Savings & Loan Ass'n v. MorganIndiana Court of Appeals · 1939
- Green v. EstabrookIndiana Supreme Court · 1906