Ewing v. McIntosh

Decided September 12, 1949

Good law ✅— No negative treatment on recordhow we know

Decided 1949-09-12

How this case has been cited

Cited by 15 later decisions — most recently March 1971

15 state decisions

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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¶1The foregoing opinion by BRADLEY, C., is adopted as the opinion of the court. All the judges concur.

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Case posture

Posture: SUMMARY OF DECISION Action to set aside the foreclosure of a deed of trust. The true owner of the deed of trust notes held in the name of a straw party agreed in the presence of the trustee that payments on the notes might be deferred if plaintiffs made repairs on the property. A subsequent foreclosure sale without actual notice to plaintiffs was a breach of trust and is set aside. Failure of defendants to take the stand to rebut evidence as to the true owner of the notes and the actual purchaser at the foreclosure sale creates a presumption that their testimony would be unfavorable.Appeal from Jasper Circuit Court; Hon. Walter E. Bailey, Judge. AFFIRMED AND REMANDED ( with directions ).

Source: CourtListener