Claypool v. German Fire Insurance
Indiana Court of Appeals
Prom Superior Court of Marion County (56,821); J. Ij. McMaster, Judge. Suit by the German Pire Insurance Company of Indiana against John P. Deyendecker and Edward P. Clay-pool. Prom a judgment in favor of plaintiff, defendant Claypool appeals.
1Opinion of the CourtRoby, J.
Action by appellee to foreclose a mortgage on a lot in Indianapolis, executed to it by John P. Leyen*541decker. Appellant Olaypool was made a defendant, and filed a cross-complaint to foreclose a mortgage upon the same lot, executed to him by said Leyendecker. lie set up that his mortgage was given to secure unpaid purchase money, and that its lien was prior to the lien of appellee’s mortgage, but that such priority had been waived by him, but only upon condition; that the conditions of such waiver had been broken, and it had thereby become null and void, wherefore he prayed foreclosure, and a…
2Cases cited17 opinions
- Wilson v. CarricoIndiana Supreme Court · 1895
- Stilwell v. KnapperIndiana Supreme Court · 1880
- Orth v. OrthIndiana Supreme Court · 1895
- Ross v. RossIndiana Supreme Court · 1893
- Phenix Insurance Co. of Brooklyn, New York v. LorenzIndiana Court of Appeals · 1893
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3Cited by5 opinions
- Straus v. YeagerIndiana Court of Appeals · 1911
- Pittman v. Max H. Smith Farms, Inc.Indiana Court of Appeals · 1987
- Albee Hammond Homes, Inc. v. BickneseIndiana Court of Appeals · 1969
- Welty v. TaylorIndiana Court of Appeals · 1917
- Claypool v. SteinIndiana Court of Appeals · 1904