Legal Opinion

Dawson v. Overmyer

Indiana Supreme Court

Decided June 6, 1895No. 17,436PublishedCited by 7 opinions

From the Fulton Circuit Court.

1Opinion of the CourtMcCabe, J.

It is ássigned for error that the circuit court overruled a demurrer for want of sufficient facts, to the complaint, and that it erred in overruling appellant’s motion for a new trial.

The appellee had a decree authorizing him to redeem. The pertinent allegations of the complaint are as follows:

That appellee “shows to the court that he is the administrator of Elizabeth Rarrick, * * deceased, * * *- who, at her death, was the owner of certain promissory notes secured by mortgage on lands in Fulton county, Indiana (describing them); that on and before October 6, 1890, part of said sum had become…

2Cases cited2 opinions

  1. Buser v. ShepardIndiana Supreme Court · 1886
  2. Kemp v. MitchellIndiana Supreme Court · 1871

3Cited by7 opinions

  1. Calahan v. DunkerIndiana Court of Appeals · 1912
  2. Brown v. FolletteIndiana Supreme Court · 1900
  3. Geller v. MeekIndiana Court of Appeals · 1986
  4. Bowen v. GerholdIndiana Court of Appeals · 1904
  5. National Foundry & Pipe Works, Ltd. v. Oconto City Water Supply Co.Court of Appeals for the Seventh Circuit · 1902

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