Legal Opinion

Nation v. Green

Indiana Supreme Court

Decided April 17, 1919No. 23,329PublishedCited by 13 opinions

From Howard Circuit Court; Joseph Combs, Special Judge. Proceedings by William B. Green and wife, as executor and executrix of the last will of Lucinda E. Foreman deceased, against Barbara Nation and others. From a judgment for the petitioners, the named defendant and others appeal. (Transferred from the Appellate Court under §1397 Burns 1914, Acts 1901 p. 568.)

1Opinion of the CourtHarvey, J.

— This cause was transferred to this court by the Appellate Court for want of jurisdiction in the latter. Nation v. Green, 65 Ind. App. 136, 116 N. E. 840.

1. We concur in said opinion wherein it holds that the making of Mrs. Scherer an appellant, rather than an appellee, did not, and does not, justify the dismissal of this appeal.

Primarily, the question presented' to the trial court' was whether the sale of the real estate of decedent, Lucinda E. Foreman, to pay her debts, should be ordered. As, an element of this question, the court was called upon to determine whether certain obligations…

2Cases cited2 opinions

  1. Clark v. MiddlesworthIndiana Supreme Court · 1882
  2. Nation v. GreenIndiana Court of Appeals · 1917

3Cited by13 opinions

  1. Texas Turnpike Company v. Dallas CountyTexas Supreme Court · 1954
  2. Thayer v. ShoreyMassachusetts Supreme Judicial Court · 1934
  3. Hart, Schaffner & Marx v. CampbellIndiana Court of Appeals · 1942
  4. In Re Guardianship of PhillipsIndiana Court of Appeals · 1978
  5. Rothschild v. WeinthelIndiana Supreme Court · 1921

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