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17 Ind. 141

Stevens v. Hurt

Indiana Supreme Court

Decided November 29, 1861

Indiana Supreme Court · decided 1861-11-29

<p>A judgment directing the sale of real estate on a vendor’s lien, in the-first instance, unless the vendee has no personal property out of which the judgment might he made, is erroneous.</p>

Cited by 3 later decisions — most recently November 1882

3 state decisions

Relies on Scott v. Crawford

Good law ✅— No negative treatment on recordhow we know

Decided 1861-11-29

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Hanna, J.

¶1Suit on a note, and to foreclose a mortgage; and, also, on a note which was not secured by said mortgage, but which, it is averred, was given for a part of the consideration money of the said land mortgaged. There was a judgment for the amount of both notes, and that the equity of redemption be foreclosed, and the land sold to satisfy said judgment. There was no averment of insolvency, or a want of other property, &c. See Scott v. Crawford, 12 Ind. 410.

¶2Per Guriam. — The judgment was erroneous, as to the amount of the note not included in the mortgage; and, therefore, so much of it is reversed. In all other respects, the judgment is affirmed, at appellees’ costs.

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