Yount v. Turnpaugh & Wife
Indiana Supreme Court
APPEAL froru the Wells Common Pleas. The facts necessary to the determination of this case are as follows: The appellant brought his suit upon two notes, and for a foreclosure of a mortgage given to secure the same. The notes were given for purchase-money of the mortgaged premises. The defendant paid five hundred dollars on the lands, and made some small improvements thereon.
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APPEAL froru the Wells Common Pleas. The facts necessary to the determination of this case are as follows: The appellant brought his suit upon two notes, and for a foreclosure of a mortgage given to secure the same. The notes were given for purchase-money of the mortgaged premises. The defendant paid five hundred dollars on the lands, and made some small improvements thereon. At the time of the trial, the defendant was in the Insane Asylum, and his wife appeared to the case, and put in an answer of two paragraphs. She admitted the execution of the notes and mortgage, and answered that she…
1Opinion of the CourtElliott, J.
The only error assigned in the case, upon which the appellant relies for a reversal of the judgment, is, that the court erred in overruling the appellant’s motion in arrest of judgment. It is argued in support of the motion, that if Turnpaugh, the husband, was insane and confined in the lunatic asylum at the time of the trial, as alleged in the answer, he could legally appear and plead to *49the action only by a committee or guardian properly appointed; that his wife, though herself a party to the suit, conld not legally appear and answer for her insane husband; and that the answer filed by her…
2Cited by1 opinion
- Richardson v. StoneNebraska Supreme Court · 1891