Legal Opinion
De Coudres v. Union Trust Co.
Indiana Court of Appeals
Decided October 2, 1900No. 3,094PublishedCited by 2 opinions
From the St. Joseph Circuit Court.
1Opinion of the CourtComstock, J.
—David W. Reece died testate April 18, 1889. Louis De Coudres, as executor, was given power by the will to sell or mortgage the decedent’s real estate to pay debts. For this purpose he sold one tract and mortgaged another without the action of the court, but reported the sale in the one case and the execution of the mortgage (not of the notes) in the other, to the proper court, and both were confirmed. The proceeds derived from the sale and the mortgage were applied to the payment of debts of the testator and the discharge of liens upon the real estate mortgaged. The mortgage was given to…
2Cases cited14 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Reissner v. OxleyIndiana Supreme Court · 1881
- Falk v. MoebsSupreme Court of the United States · 1888
- Mitchell v. HazenSupreme Court of Connecticut · 1823
- Johnson v. GibsonIndiana Supreme Court · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hayes v. ShirkIndiana Supreme Court · 1906
- Ivey v. VaughanSupreme Court of South Carolina · 1912