Minot v. Mitchell
Indiana Supreme Court
APPEAL from the Noble Circuit Court. The appellants, Jane, and Maxy M. Minot, sued John Mitchell, the appellee, and Charles S. Mitchell, alleging, in substance, in their amended complaint, that in the spring of 1855, Samuel Minot, the husband of said Jane and father of said Mary M., became embarrassed in business and unable to pay his debts, many of which had then passed into judgments; that he applied to his friend,"William Mitchell, since deceased, father of the…
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APPEAL from the Noble Circuit Court. The appellants, Jane, and Maxy M. Minot, sued John Mitchell, the appellee, and Charles S. Mitchell, alleging, in substance, in their amended complaint, that in the spring of 1855, Samuel Minot, the husband of said Jane and father of said Mary M., became embarrassed in business and unable to pay his debts, many of which had then passed into judgments; that he applied to his friend,"William Mitchell, since deceased, father of the defendants, who entered himself replevin bail for the stay of execution on all the judgments on which the period of stay had not…
1Opinion of the CourtRay, C. J.
On the trial, the court, on the motion of the appellants, the plaintiffs below, by an instruction, limited the recovery in this action, in any event, to -the lands still undisposed of and the proceeds of the lands sold by Mitchell or his heirs since the death o’f Minot. If, therefore, any error was commited by the court which alone affected the question of a recovery for the personal property, such error would not be available here.
So far as the real estate is involved, the complaint does not make Mitchell a trustee. His purchase at sheriff’s sale was with his own money, and no fraud is…
2Cited by15 opinions
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- Satterthwaite v. Loomis & McLachlenTexas Supreme Court · 1891
- Pearson v. EastIndiana Supreme Court · 1871
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