Dice v. Morris
Indiana Supreme Court
APPEAL from the Fountain Circuit Court. Suit by the appellee Joanna Morris against the appellee Thompson and the appellant, Bice.
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APPEAL from the Fountain Circuit Court. Suit by the appellee Joanna Morris against the appellee Thompson and the appellant, Bice. The complaint consists of three paragraphs, the first of which alleges, in substance, that the plaintiff is the owner in fee simple of certain real estate described, being the undivided one-third of one hundred and sixty acres; that on the 1st day of December, 1868, she was induced by the false and fraudulent representations of the defendant Hartson Thompson to make, execute, and deliver to him a good and sufficient warranty deed for her said interest in said…
1Opinion of the Court
Frazer, C. J.:
The first question presented by the appellant is, whether the court below erred in overruling the motion made by him to strike out the cross complaint of Thompson. The majority of the court are of opinion that there was no error—that the matters averred therein and the relief sought against Thompson were so intimately connected with the subject of the principal suit, that the whole might properly be litigated together, under the code. I entertain some doubt upon the subject.
Was there error in overruling the demurrer to the cross complaint? We all agree that the facts alleged…
2Cited by6 opinions
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- Joyce v. GrowneySupreme Court of Missouri · 1900
- Chandler v. Citizens National BankIndiana Supreme Court · 1898
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