Legal Opinion

Osborn v. Hall

Indiana Supreme Court

Decided February 26, 1903No. 20,006PublishedCited by 6 opinions

From Hendricks Circuit Court; B. W. McBride, Special Judge. ■ Suit by Mary A. Osborn against Douglas Hall and others. From a judgment for defendants, plaintiff appeals. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion of the CourtJordan, J.

Action by appellant in the lower court against appellees herein, defendants below, to recover a balance alleged to. be due and unpaid on a promissory note executed by Douglass Hall to appellant, and to foreclose a *154mortgage executed by the said Hall and wife to secure the payment of the note in suit when due. The issues tendered by the answer filed by the defendant Hall in regard to the note in suit were payment and non est factum. The defendant John T. Hocker pleaded in his answer to the complaint: (1) The general denial; (2) payment; and (3) facts disclosing that he was the owner of the land…

2Cases cited14 opinions

  1. Gilchrist v. GoughIndiana Supreme Court · 1878
  2. Clute v. SmallNew York Supreme Court · 1837
  3. State ex rel. Lowry v. DavisIndiana Supreme Court · 1884
  4. Derby v. ThrallSupreme Court of Vermont · 1872
  5. Duker v. FranzCourt of Appeals of Kentucky · 1870

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3Cited by6 opinions

  1. Fry v. P. Bannon Sewer Pipe Co.Indiana Supreme Court · 1913
  2. Holthouse v. State ex rel. Ludlow Falls Quarry Co.Indiana Court of Appeals · 1912
  3. First National Bank v. SpaldingCalifornia Supreme Court · 1918
  4. John Kindler Co. v. First National BankIndiana Court of Appeals · 1915
  5. Basey v. McKinneyIndiana Court of Appeals · 1909

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