Legal Opinion

Donlon v. Maley

Indiana Court of Appeals

Decided November 3, 1915No. 8,772PublishedCited by 2 opinions

From Marion Circuit Court (20,678); Charles Remster, Judge. Action by Anna Maley and others against Ellen Donlon to declare a trust and for an accounting. From the judgment rendered, the defendant appeals.

1Opinion of the CourtIbach, P. J.

— This was an action originally brought by certain heirs at law of James Maley, deceased, against appellant, their guardian, to have a trust declared and for an accounting. Two of the *27heirs, Mary and James, who had not joined in the original complaint were subsequently made defendants to the amended complaint. Defendant James filed his cross-complaint in all essential respects similar to the amended complaint, with the additional averment to the effect that a certain quitclaim deed which he had executed to appellant was in fact a mortgage and asking that such deed be treated as a mortgage in…

2Cases cited9 opinions

  1. Potter v. SmithIndiana Supreme Court · 1871
  2. Taylor v. CalvertIndiana Supreme Court · 1894
  3. Mesker v. BishopIndiana Court of Appeals · 1913
  4. Eckhart v. Marion, Bluffton & Eastern Traction Co.Indiana Court of Appeals · 1915
  5. Fuller v. AbbeWisconsin Supreme Court · 1900

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3Cited by2 opinions

  1. Ballard v. Drake's EstateIndiana Court of Appeals · 1937
  2. Moore v. McClainIndiana Court of Appeals · 1918

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