Frame v. Bell

Indiana Supreme Court

Frame v. Bell

16 Ind. 229, 1861 Ind. LEXIS 108

CourtIndiana Supreme Court

DecidedJune 4, 1861

StatusPublished

Cited by1 cases

This text of 16 Ind. 229 (Frame v. Bell) 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.

Bluebook

Frame v. Bell, 16 Ind. 229, 1861 Ind. LEXIS 108 (Ind. 1861).

Pincite

Opinion

Per Ciiriam.

Suit to foreclose a mortgage given to secure installments, the last of which was not due. Default. Judgment for sale, without inquiry as to the divisibility of the mortgaged premises, &c. Appearance by the defendant at [230]*230the same term, and motion to set aside the judgment for sale, on account of the irregularity. Motion overruled, &c.

J. II Jones, for the appellant. W. Grose, for the appellee.

The motion should have been granted, notice having been given to plaintiff. See Cubberly v. Wine, 13 Ind. 353. The judgment was clearly erroneous on its face, as the Court could not fail to see.

The judgment is reversed bach to the default, with costs, but no further. Cause remanded for further proceedings.

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