Hawkins v. Robertson

On Petition for Rehearing.

Nichols, C. J.

Appellants in their petition for rehearing rely upon Todd v. Collier (1876), 53 Ind. 122, and Miller v. Fletcher, etc., Trust Co. (1921), 78 Ind. App. 183, 133 N. E. 174. In the Todd case it did not appear that the purchaser was to have possession of *395the lot, and, as the legal title was in the vendor and the purchaser had failed to pay the second installment of the purchase money, it was held that the vendor was entitled to recover the possession of the lot, and that the fact that she sued for and recovered such possession, to which she was entitled,…