McMannus v. Bush

Decided November 15, 1874

Indiana Supreme Court · decided 1874-11-15

<p>Jubkdictiob-.—Beal Action.—An actioAfor the recovery of real estate, or for the determination in any form of an interest therein, must be brought in the county where such real estate is situated.</p> <p>Administbatob.—Annulling Letters.—Parties.—In a proceeding seeking to annul the appointment of an administrator, and to set aside a sale of real estate made by him, the purchaser of such real estate is not a proper party defendant, because the result could not affect the rights of such purchaser or of those claiming under him.</p>

Cited by 2 later decisions — most recently October 1942

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-11-15

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¶1On Petition eoe a Rehearing.

Downey, J.

¶2A petition for a rehearing has been filed in this case, and has been carefully considered. We still think the case was rightly decided. So far as the action sought to set aside the appointment of the administrator and the order for the sale of the land merely, its result could not affect the rights of the purchaser or those claiming under him; and, therefore, there was no reason for making them parties to the suit. So far as it sought to determine, in any form, the question of their title to the land, it should, by the express requirement of the statute, have been brought in the county in which the land is situated.

¶3The petition is overruled.