Legal Opinion

Dart v. McQuilty

Indiana Supreme Court

Decided June 9, 1855PublishedCited by 1 opinion

APPEAL from the Decatur Circuit Court.

1Opinion of the CourtStuart, J.

McQuilty purchased two lots in Greensbwrg from the other defendant, Dillier. He paid all the purchase-money, except the last note, on which there was judgment at law. After several assignments, the judgment finally came into the hands of Dart. He filed this complaint in the nature of a bill in chancery, to reach the equity of McQuilty—mailing the vendor, Dillier, a party.

Dillier and Me Quilty answered that the former owned only two-thirds of the lots, and could not convey according to contract.

Replication, that the failure of consideration resulting from Dillier's imperfect title had been set…

Also in this document: Per curiam.

2Cases cited3 opinions

  1. Shirley v. ShirleyIndiana Supreme Court · 1845
  2. Bryer v. ChaseIndiana Supreme Court · 1847
  3. Park ex rel. Dutton v. BallentineIndiana Supreme Court · 1842

3Cited by1 opinion

  1. Gerstell v. ShirkCourt of Appeals for the Seventh Circuit · 1913

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