Legal Opinion

Fairbanks, Morse & Co. v. Gardner

Indiana Court of Appeals

Decided February 27, 1920No. 10,280Published

From Warrick Circuit Court; Marshall R. Tweedy, Judge. Action by Fairbanks, Morse and Company and others against William M. Gardner and others. From a judgment for defendants, the plaintiffs appeal.

1Opinion of the CourtNichols, C. J.

—This was an action by appellants, as judgment creditors of the appellee William M. Gardner, against the appellees to declare and enforce a trust in real estate in favor of the debtor appellee, and to subject said real estate to sale for the payment of the judgments of the appellants.

The original complaint in one paragraph is in substance as follows: Appellants Fairbanks-Morse and Company, B. F. Avery and Company, American Agricultural Chemical Company, International Harvester Company separately and severally allege that the appellee William M. Gardner is indebted to them in the respective…

2Cases cited10 opinions

  1. Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CaseIndiana Supreme Court · 1910
  3. Messick v. Midland Railway Co.Indiana Supreme Court · 1891
  4. Butler v. JaffrayIndiana Supreme Court · 1859
  5. Maclaren v. KramarNorth Dakota Supreme Court · 1913

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