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1 Smith & H. 128

Pickering v. Walcott

Indiana Supreme Court

Decided November 15, 1848

Indiana Supreme Court · decided 1848-11-15

In 1832, Walcott filed a bill against Patterson and Pickering, to foreclose a mortgage. Separate answers were filed by the defendants.

Decided 1848-11-15

Blackford, J.

¶1— “ These proceedings are erroneous. The bill does not give the name of either of the heirs. The statute of 1838, under which the bill ivas filed, required at least the name of one of the heirs to be stated. R. S. 1838, p. 443.

¶2“ There was no order that the suit should be revived. Such an order was necessary before a final decree.”

¶3Decree reversed, &e.

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