Shirk v. Whitten
Indiana Supreme Court
From the Marshall Circuit Court.
1Opinion of the CourtElliott, C. J.
The appellant is the executor of Elbert H. Shirk, deceased, and prosecutes this suit in his representative capacity. He avers in his complaint that his testator bought of James N. Tyner a tract of land and received from Tyner a warranty deed on the 6th day of December, 1884; that the warranty was subject to a mortgage for one thousand dollars, executed by a grantor of Tyner on the 13th day of May, 1882 ; that on the 26th day of September, 1885, the testator paid the mortgage and it was entered satisfied of record; that, on the 7th day of February, 1883, a petition praying for the construction…
2Cases cited12 opinions
- Bunch v. GraveIndiana Supreme Court · 1887
- Hancock v. FlemingIndiana Supreme Court · 1885
- Johnson v. . ZinkNew York Court of Appeals · 1873
- Atherton v. ToneyIndiana Supreme Court · 1873
- Weiner v. HeintzIllinois Supreme Court · 1855
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kahn v. McConnellSupreme Court of Oklahoma · 1913
- Springer v. FosterIndiana Court of Appeals · 1901
- Belcher v. BelcherOregon Supreme Court · 1939
- Lagrange v. Greer-Wilkinson Lumber Co.Indiana Court of Appeals · 1915
- Sommers v. WagnerNorth Dakota Supreme Court · 1911
6 more not listed; retrieve them via the Exa API.