Way v. Patty
Indiana Supreme Court
ERROR to the Wayne Circuit Court. This was a suit in chancery instituted by Seth Way against Man-love Crancr, Thomas Crancr and Mark Patty, to enforce an alleged lien upon certain real estate sold by the plaintiff. The bill charged that on the 25th of March, 1839, the plaintiff sold a certain farm to Manlove and Thomas Crancr, and conveyed the same to Manlove to be held in trust for himself and his co-purchaser.
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ERROR to the Wayne Circuit Court. This was a suit in chancery instituted by Seth Way against Man-love Crancr, Thomas Crancr and Mark Patty, to enforce an alleged lien upon certain real estate sold by the plaintiff. The bill charged that on the 25th of March, 1839, the plaintiff sold a certain farm to Manlove and Thomas Crancr, and conveyed the same to Manlove to be held in trust for himself and his co-purchaser. That the consideration was 3300 dollars, and the payment of a mortgage then on the land for 500 dollars. That 1300 dollars of the purchase money was paid in hand, and that for the…
1Opinion of the CourtSmith, J.
— “The decree must be affirmed. The evidence does not warrant the conclusion that Thomas Craner was jointly concerned with Manlove in the purchase of the land, or that there was any special agreement that the notes given for the purchase money should continue to be a lien upon it. It is proved that Mrs. Way agreed to sign the deed upon condition that some of the notes were made payable to her, and there were representations made to her by Thomas Craner and others who were called in to give her advice, that the notes would continue to be a lien upon the land until paid. She may have been…
2Cases cited1 opinion
- Boon v. MurphyIndiana Supreme Court · 1842
3Cited by1 opinion
- Pearce v. HumphreysSupreme Court of Pennsylvania · 1826