Todd v. Oglebay
Indiana Supreme Court
From Tipton Circuit Court; J. F. Elliott, Special Judge. Suit by "William R. Oglebay and others against Lemuel S. Todd and others to enjoin the sale of certain real estate on a decree of foreclosure, and to quiet title. From a judgment for plaintiffs, defendants appeal. Transferred from Appellate Court, under §1337u Burns 1901.
1Opinion of the CourtHadley, J.
Joab Woodruff, being the owner of real estate, mortgaged the same to James Woodruff. After the execution of the mortgage Joab sold and conveyed the mort*597gaged premises by warranty deed to appellant, Lemuel S. Todd, the latter agreeing and assuming in the deed to pay the mortgage as a part of the consideration. Subsequently Todd sold and conveyed the same premises by warranty deed to Mary Eshelman, the latter assuming and agreeing in the deed to pay off the mortgage as a part of the purchase price. James Woodruff assigned the note and mortgage to John C. Lutz, who instituted foreclosure, making…
2Cases cited11 opinions
- Josselyn v. EdwardsIndiana Supreme Court · 1877
- Zimmerman v. GaumerIndiana Supreme Court · 1899
- Hervey v. KrostIndiana Supreme Court · 1888
- Stanton v. KenrickIndiana Supreme Court · 1893
- Rodenbarger v. BramblettIndiana Supreme Court · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Indiana Department of State Revenue v. Colpaert Realty Corp.Indiana Supreme Court · 1952
- Avery v. Nordyke & Marmon Co.Indiana Court of Appeals · 1904
- Cook v. American States Insurance CompanyIndiana Court of Appeals · 1971
- Harvey v. LowryIndiana Supreme Court · 1932
- Oglebay v. ToddIndiana Supreme Court · 1905
9 more not listed; retrieve them via the Exa API.