Whicker v. Hushaw
Indiana Supreme Court
From Fountain Circuit Court; J. M. Babb, Judge. Action by Jacob Ilushaw and Margaret A. Hopton against J. Wesley Whicker to enforce the payment of a mortgage alleged to have been assumed by defendant. From a judgment for plaintiffs, defendant appeals. Transferred from Appellate Court, under §1387u Burns 1901.
1Opinion of the CourtGillett, J.
— On the 5th day of October, 1899, appellant and appellee Margaret A. Hopton entered into an executory contract in writing, by the terms of which the latter bound herself to sell and convey to appellant, “by good and sufficient warranty deed,” a certain tract of real estate. The obligation of appellant was expressed in said contract as follows: “Said J. Wesley Whicker, party of the second part, to pay cash in hand, on the delivery of the deed, the sum of • $1,752.50, and assume all unpaid taxes and mortgages shown of record and all other liens on said lands, including an attachment proceeding…
2Cases cited14 opinions
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
- Bethell v. BethellIndiana Supreme Court · 1884
- Barker v. . BradleyNew York Court of Appeals · 1870
- Carver v. LouthainIndiana Supreme Court · 1872
- Clark v. RedmanIndiana Supreme Court · 1825
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3Cited by8 opinions
- Standard Land Corporation of Indiana v. BogardusIndiana Court of Appeals · 1972
- Jackman Cigar Manufacturing Co. v. John Berger & Son Co.Indiana Court of Appeals · 1944
- St. Paul Fire & Marine Insurance v. Pearson Construction Co.Indiana Court of Appeals · 1990
- Johnson v. Central Trust Co.Indiana Supreme Court · 1903
- Fellows v. KreutzMissouri Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.