Moore v. McClain
Indiana Court of Appeals
From Marion Circuit Court (23,353); Louis B. Ewbank, Judge. Action by John F. Moore against William T. McClain and another. From a judgment for defendants, the plaintiff appeals.
1Opinion of the CourtIbach, C. J.
The complaint m this case is in three paragraphs, the first, which is in the usual form of a' suit to quiet title under §1116 Burns 1914, §1070, R. S. 1881, is not now relied upon and need not be given consideration. The second and third paragraphs proceed iipon the theory of an equitable ownership of certain lands described in a warranty deed executed by appellant, and it is 'Sought to have such deed declared a mortgage and upon the payment of the amount found due appellee thereon that appellant’s title to the lands described be quieted in him.
The substance of certain averments of each of…
2Cases cited8 opinions
- Hays v. CarrIndiana Supreme Court · 1882
- Wolfe v. McMillanIndiana Supreme Court · 1889
- Alexander v. SpauldingIndiana Supreme Court · 1903
- Huffman v. HuffmanIndiana Court of Appeals · 1905
- Davis v. StonestreetIndiana Supreme Court · 1853
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3Cited by4 opinions
- Kerfoot v. KessenerIndiana Supreme Court · 1949
- KOENIG, RECEIVER ETC. v. LeasIndiana Supreme Court · 1960
- Vance v. GrowIndiana Supreme Court · 1934
- Schwab v. SchwabIndiana Court of Appeals · 1959