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16 Ind. 163

Durbin v. Conner

Indiana Supreme Court

Decided May 30, 1861

Indiana Supreme Court · decided 1861-05-30

<p>APPEAL from the Shelby Common Pleas.</p>

Relies on Blair v. Davis

Decided 1861-05-30

Per Curiam.

¶1This was an action by Conner against Durbin, to foreclose a mortgage upon real estate. The defendant, though duly served with process, failed to appear, and was regularly defaulted; but no motion appears to have *164been made, in the Court below, to set aside tbe default. This appeal is, therefore, not properly before us. 9 Ind. 236; 12 id. 558; 11 id. 439; 13 id. 430.

Ben. F. Davis, for the appellant.

¶2The aPPea^- dismissed, with costs, &C.

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