Legal Opinion

McCormick v. Hyatt

Indiana Supreme Court

Decided July 1, 1870PublishedCited by 4 opinions

APPEAL from the Daviess Circuit Court.

1Opinion of the CourtPettit, C. J.

Appellee, a married woman, brought suit against appellant, as sheriff, for the value of her separate personal property, levied upon and sold by virtue of two executions against her husband and another.

The giving of the seventh -instruction is assigned for error. That instruction is, that, to make a sale void for fraud as against the creditors of the vendor, the vendee must have had notice of the intended fraud, if his purchase was in good faith and for a valuable consideration.

There was no error in giving this instruction. Palmer v. Henderson, 20 Ind. 297; Bunnel v. Witherow, 29 Ind. 123. The…

2Cases cited2 opinions

  1. Bunnel v. WitherowIndiana Supreme Court · 1867
  2. Palmer v. HendersonIndiana Supreme Court · 1863

3Cited by4 opinions

  1. Garner v. GravesIndiana Supreme Court · 1876
  2. McCole v. LoehrIndiana Supreme Court · 1881
  3. Willis v. ThompsonIndiana Supreme Court · 1884
  4. Curtis v. ValitonMontana Supreme Court · 1878

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