Bryer v. Chase
This text of 8 Blackf. 508 (Bryer v. Chase) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
THE assignee of a judgment for a certain sum of money filed a bill in chancery against the infant .heirs of the judgment-debtor. The bill alleged that the judgment-debtor died insolvent, leaving certain land on which the judgment was a lien, and prayed that the land might be sold for payment of the judgment. Held,
1. That in such suits, Courts of law and equity have concurrent jurisdiction. Martin v. Densford, 3 Blackf. 295.— Bryan v. Blythe, 4 id. 249.
2. That the defendants being infants, there could not be a final decree against them without proof.
3. That if there was no administrator of the estate, the bill should have alleged that fact; and if there was an1 administrator, he should have been a party. Welborn v. Jolly, 4 Blackf. 279. — Story’s Eq. Pl. 206.
4. That the assignor of the judgment might have been made a party; but qucere whether he was a necessary party. 1 Dan. Ch. Pr. 292. — Elderkin v. Shultz, 2 Blackf. 345.
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Cite This Page — Counsel Stack
8 Blackf. 508, 1847 Ind. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryer-v-chase-ind-1847.