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16 Ind. 229

Frame v. Bell

Indiana Supreme Court

Decided June 4, 1861

Indiana Supreme Court · decided 1861-06-04

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

Cited by 1 later decisions — most recently January 1900

1 state decisions

Relies on New Albany & Salem Railroad v. O'Daily

Good law ✅— No negative treatment on recordhow we know

Decided 1861-06-04

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Per Ciiriam.

¶1Suit to foreclose a mortgage given to secure installments, the last of which was not due. Default. Judgment for sale, without inquiry as to the divisibility of the mortgaged premises, &c. Appearance by the defendant at *230the same term, and motion to set aside the judgment for sale, on account of the irregularity. Motion overruled, &c.

J. II Jones, for the appellant.W. Grose, for the appellee.

¶2The motion should have been granted, notice having been given to plaintiff. See Cubberly v. Wine, 13 Ind. 353. The judgment was clearly erroneous on its face, as the Court could not fail to see.

¶3The judgment is reversed bach to the default, with costs, but no further. Cause remanded for further proceedings.

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