Byram v. Stout
Indiana Supreme Court
From the Rush Circuit Court.
1Opinion of the CourtBerkshire, J.
The appellee brought this action to foreclose a chattel mortgage executed by John S. Matthews and Mary J. Matthews.
The appellants, on their own motion, were made parties defendant, claiming to be junior mortgagees, and filed an answer in bar of the action, and a cross-complaint, in each of which they asserted that their mortgage lien was superior because of the fact that the appellee had, prior to the commencement of this action, brought suit upon the evidences of debt secured by his said mortgage, and had caused a writ *196of attachment to issue, which had been levied upon the mortgaged property.
2Cases cited16 opinions
- Hill v. . BeebeNew York Court of Appeals · 1856
- Evans v. WarrenMassachusetts Supreme Judicial Court · 1877
- Evansville Gas-Light Co. v. State ex rel. ReitzIndiana Supreme Court · 1881
- Sparks v. ComptonIndiana Supreme Court · 1880
- Libby v. CushmanSupreme Judicial Court of Maine · 1849
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- First National Bank v. FlynnSupreme Court of Minnesota · 1933
- Barchard v. KohnIllinois Supreme Court · 1895
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- Stein v. McAuleySupreme Court of Iowa · 1910
- Stephens v. CoxCourt of Appeals of Texas · 1923
11 more not listed; retrieve them via the Exa API.