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159 Ind. 553

Russell v. Bruce

Indiana Supreme Court

Decided June 19, 1902

Indiana Supreme Court · decided 1902-06-19

Erom Marion Circuit Court; H. C. Allen, J udge. Suit by Margaret Bruce against Isaac Russell and another to foreclose a mortgage. Erom a judgment for plaintiff, defendant Isaac Russell appeals. Transferred from Appellate Court, under §1337u Burns 1901.

Relies on Love v. Blair · Cooke v. Ross · Slaughter v. Detiney

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1902-06-19

How this case has been cited

Cited by 13 later decisions — most recently August 1985

3 federal appellate · 10 state decisions

50190219101920193019401950196019701980decided

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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¶1*557On Petition for Rehearing.

Per Curiam.

¶2— Appellant complains because we did not rule more directly upon liis claim to the money in the hands of the receiver under the householder’s exemption statute. §715 Burns 1901.

¶3Eor reasons stated in the last page of the original opinion, appellant, under the facts of this case, is not entitled to the money in controversy under the exemption law. When the property was his own he was perfectly free to hold it, and reserve his householder’s exemption therefrom, or sell it, or convey it by mortgage to secure an indebtedness. He exercised his privilege, and, to the extent of the debt secured, the execution and foreclosure of the mortgage was, as against his right of exemption, an alienation pro tanto, as effectual as a conveyance by deed. As against the mortgage debt he had no property or money to which his claim for exemption could attach. Love v. Blair, 72 Ind. 281; Sullivan v. Winslow, 22 Ind. 158; Slaughter v. Detiney, 15 Ind. 49.

¶4Petition for rehearing overruled.

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