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14 Ind. 528

Hunter v. McCoy

Indiana Supreme Court

Decided June 13, 1860

Indiana Supreme Court · decided 1860-06-13

<p>APPEAL from the Jefferson Circuit Court.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1860-06-13

How this case has been cited

Cited by 10 later decisions — most recently January 1946

10 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.

¶1In a suit for the correction of a mistake in a deed, the additional remedy of quieting title may be had, if the facts stated in the complaint justify it. In a suit upon a mortgage, the double remedy of correction and foreclosure may be had upon a proper complaint. Perk. Pr., p. 661.

¶2Where an issue is made and tried, the Court grants any relief consistent with the case made by the complaint and embraced -within the issue, without regard to the prayer for relief. Perk. Pr., p. 658.

¶3The judgment is reversed with costs, with leave to the plaintiff to amend, if he desires to do so, and with leave to the defendant to answer, the demurrer being overruled.

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