Alden v. White
Indiana Court of Appeals
From Allen Circuit Court; W. J. Vesey, Special Judge. Action by John W. White, administrator of the estate of James B. White, deceased, to revive a decree of foreclosure recovered by John B. White against James R. Godfrey and wife. Carrie S. Alden appeared and filed a cross-complaint as assignee of a part of the judgment, and claimed priority. Prom an order denying her motion to modify the judgment so as to give her priority over the plaintiff, she appeals.
1Opinion of the CourtBlack, P. J.
The appellant sought unsuccessfully the modification of the judgment in a suit commenced in 1890 by James. B. White to revive a certain judgment rendered in 1876. White, whose personal representative is one of the appellees, filed a complaint and a supplemental complaint, and the appellant filed a cross-complaint and a supplemental cross-Qomplaint. The averments of all these pleadings were by the court found to be true, and the facts illustrating the contention of the parties, shown by those pleadings, were substantially as follows: In 1876 James B. White instituted in the court below a suit…
2Cases cited29 opinions
- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Pattison v. HullCourt Of Oyer And Terminer New York · 1828
- Lapping v. DuffyIndiana Supreme Court · 1874
- State Bank v. TweedyIndiana Supreme Court · 1847
- Evansville Gas-Light Co. v. State ex rel. ReitzIndiana Supreme Court · 1881
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3Cited by3 opinions
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- Willette v. GiffordIndiana Court of Appeals · 1910