Clarke v. Darr
Indiana Supreme Court
Erom Elkhart Circuit Court; J. D. Ferrall, Judge. Suit by Melville C. Clarke, as receiver of the American Savings & Loan Association, against Charles L. Darr and others. Erom a decree for plaintiff for less than the prayer of his complaint, he appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtJordan, J.
Appellant, as receiver of the American Savings & Loan Association, an insolvent building and loan corporation, commenced this suit to foreclose a mortgage on certain real estate situated in Elkhart county, Indiana. A demurrer to the complaint was overruled and thereupon defendant Darr filed an answer in four paragraphs, the first of which was the general denial. Appellant demurred to the second, third and fourth paragraphs of this answer, and the demurrer was sustained to the third, but overruled as to the second and fourth. Reply in three paragraphs, the first of which is the general denial.…
2Cases cited9 opinions
- Jeffersonville Water Supply Co. v. RiterIndiana Supreme Court · 1897
- Lewis v. American Savings & Loan Ass'nWisconsin Supreme Court · 1898
- Security Savings & Loan Ass'n v. ElbertIndiana Supreme Court · 1899
- Wohlford v. Citizens' Building, Loan & Savings Ass'nIndiana Supreme Court · 1895
- Marion Trust Co. v. Trustees of Edwards LodgeIndiana Supreme Court · 1899
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3Cited by3 opinions
- Sanders v. CrawfordIndiana Court of Appeals · 1908
- Heitz v. Knox County Home Telephone Co.Indiana Court of Appeals · 1910
- Ogden First Federal Savings & Loan Ass'n v. ArmstrongSupreme Court of Colorado · 1943