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13 Ind. 294

West v. Reavis

Indiana Supreme Court

Decided November 15, 1859

Indiana Supreme Court · decided 1859-11-15

<p>APPEAL from the Gibson Court of Common Pleas.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1859-11-15

How this case has been cited

Cited by 11 later decisions — most recently March 1910

11 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1Suit to set aside the final settlement of an administrator, for fraud.

¶2Demurrer to the complaint sustained, and the suit dismissed.

¶3The suit was by creditors of the deceased intestate.

¶4The fraud charged was in returning a false inventory.

¶5Those who colluded with the administrator in returning the false inventory, and reaped the advantage of it, and the use of the property omitted to be inventoried, were made parties. See Roy v. Haviland, 12 Ind. R. 364.

¶6The code authorizes a final settlement to be set aside for fraud, on the application of any one interested. 2 R. S. p. 275, § 116. We think fraud in the inventory may affect the final settlement with fraud, and will cause it to be set aside.

¶7The judgment is reversed with costs. Cause remanded, &c.

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