Mahan v. Reeve

Decided May 15, 1842

Indiana Supreme Court · decided 1842-05-15

<p>Mistake — Chanceby Jurisdiction.—A sale of land having been made under an order of the Probate Court, on petition for a partition, it was-held that a Court of chancery could not correct a mistake, as to the description of the land, in the notice, petition, order of Court, &c.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1842-05-15

How this case has been cited

Cited by 4 later decisions — most recently May 1916

3 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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Blackford, J.

¶1This is a bill in chancery, filed to obtain-a decree for correcting a certain mistake in the proceedings of a cause on petition for partition of certain real estate. The 'mistake is alleged to consist in describing the land in the notice, petition, order of Court for the sale, and the commissioners report of the sale, as being in section twenty-eight, &o., instead of describing it as being in section twenty-three, &o.

¶2Demurrer to the bill; demurrer overruled; and a decree for the colnplainants.

¶3We think this decree is erroneous. ■ No authority is cited,, and we know of none, that shows a Court of chancery to have jurisdiction in a case like that described in the bill.

¶4Per Curiam.—The decree is reversed with costs. Cause remanded, &c.