Richey v. Merritt

This was a suit by John Merritt against James M. Richey and others to set aside a sheriff’s sale of real estate. A demurrer was sustained to the complaint, and there was a judgment upon demurrer in favor of the defendants. Upon an appeal to this court the complaint was held *348to be sufficient and the judgment was reversed. Merritt v. Richey, 97 Ind. 236.

After the cause was remanded, the court tried the cause-without a jury, and, upon proper request, made a special finding of the facts seemingly established by the evidence.

The finding in brief was, that on the 31st day of May,. 1877, Marcellus…