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15 Ind. 49

Slaughter v. Detiney

Indiana Supreme Court

Decided November 27, 1860

Indiana Supreme Court · decided 1860-11-27

<p>A mortgagor can not, after the mortgaged property has been ordered to be sold on foreclosure, claim the property as exempt from execution.</p>

Relies on Mandlove v. Burton

Good law ✅— No negative treatment on recordhow we know

Decided 1860-11-27

How this case has been cited

Cited by 5 later decisions — most recently October 1908

5 state decisions

2018601870188018901900decided

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.

¶1The facts of this case may he read in 10 Ind. at p. 103, where the decision in it, on a former submission to this Court, is reported.

¶2The question to be now determined is, whether a householder, who, being the owner of a piece of ground, mortgages it, his wife not joining in the mortgage, can, after a regular judgment of foreclosure and sale upon such mortgage, claim it as exempt from sale on such judgment. See, as to who is a resident householder, Mark v. The State, at this term.

¶3In Eltzroth v. Webster, at this term, it is decided, that property may be claimed as exempt from sale, up to the time of sale, where it is taken by virtue of an execution upon a general personal judgment against the defendant.

¶4Put it has also been decided, at this term, in Ludwick v. Berkmire, that where property has been seized by virtue of an attachment, a claim of exemption can not be interposed after a judgment in the attachment proceedings, ordering the *50sale of the specific articles of property; because the judgment concludes the question of exemption, as well as others.

W. T. Otto and W. Q. Gresham, for appellants.B. Orawford, for appellee.

¶5The same principle must apply, and with increased pro-to case mortgaged property, which the party has voluntarily pledged to his debtor, and the Court has specifically adjudged to be sold. See Slaughter v. Detiney, 10 Ind. supra.—Perk. Prac. 393.—Mandlove v. Burton, 1 Ind. 39.

¶6The judgment is reversed, with costs. Cause remanded for further proceedings.

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