Griffin v. Durfee

64 N.E. 237, 29 Ind. App. 211, 1902 Ind. App. LEXIS 128
CourtIndiana Court of Appeals
DecidedMay 27, 1902
DocketNo. 3,823
StatusPublished
Cited by3 cases

This text of 64 N.E. 237 (Griffin v. Durfee) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffin v. Durfee, 64 N.E. 237, 29 Ind. App. 211, 1902 Ind. App. LEXIS 128 (Ind. Ct. App. 1902).

Opinion

Blehley, P. J.

This action was commenced by appellant against appellees by complaint in one paragraph., in [212]*212■which appellant asks that his title to certain lands be quieted and that the appellee Hathaway as sheriff of DeKalb county be enjoined from selling certain real estate upon an order from the circuit court of DeKalb county issued upon the decree of foreclosure in favor of appellee Durfee against tbe appellant; it being averred in the complaint that the judgment had, prior to the time of the issuing of the decretal order, been satisfied by the sale of other real estate of appellant. Appellees, Durfee and Hathaway, each filed separate demurrers to the complaint, which were overruled. Appellee Durfee filed a cross-complaint in three paragraphs, in each paragraph of which he claims to be the owner of the land described in appellant’s complaint, and asks that his title thereto be quieted. Appellant’s demurrer to each paragraph of the cross-complaint was overruled, whereupon appellant filed an answer of general denial. The cause was submitted to the court for trial, and, at the appellant’s request, the court made a special finding of facts, and stated its conclusions of law thereon. Judgment was rendered in favor of appellee Durfee. Each specification of the assignment of errors presents the same question.

The facts out of which this controversy grows are as follows: The appellant Elvin S'. Griffin was the owner, of part of' the west half of the northeast quarter of section thirty-five, township thirty-three north, range twelve east, in DeKalb county, Indiana, which was more particularly and correctly described as, commencing at the northeast comer of the west half of the northeast quarter of said section, township, and range, thence south twenty-nine and ninety-eight hundredths chains, thence west fourteen and forty hundredths chains, thence north twenty-nine and ninety-eight hundredths chains, thence east to the place of beginning, containing forty-three and twenty-one hundredths acres of land. On July 5, 1895, appellant executed a mortgage upon the property to appellee Durfee. On [213]*213January 4, 1897, in a proceeding brought in the proper court for that purpose, Durfee recovered judgment for the amount of the debt secured, together with a decree in his favor foreclosing said mortgage, and an order for the sale of the above described real estate for the satisfaction of the .judgment in his favor. On February 8, 1897, the clerk of the court, upon appellee Durfee’s order, issued to the sheriff of DeKalb county an order of sale upon said judgment and decree. The mortgage, judgment, and order of sale all and each of them contained a correct description of the real estate in controversy. Upon the order of sale so issued to him, the sheriff advertised the real estate for sale under the following description thereof: “A part of the west half of the northeast quarter of section thirty-five, township thirty-three north, range twelve east, in DeKalb county, Indiana, and described as follows, to wit: Commencing at the northeast corner of the west half of the northeast quarter of section thirty-five, thence south twenty-nine and ninety-eight hundredths chains, thence west, parallel with the north line of said west half, fourteen and forty hundredths chains to the west boundary of said tract of land, thence north along the said boundary line twenty-nine and ninety-eight hundredths chains to the place of beginning, said tract to contain forty-three and twenty-one hundredths acres of land.” On the 6th day of March, 1897, the sheriff sold the real estate under such notice to the appellee Durfee, for the full amount of the judgment, interest, and costs, and issued to him a certificate of sale in which the real estate was described as in the notice of sale. The return of the sheriff was in regular form, and shows that Durfee receipted to him for the fy.ll amount of the judgment and interest The following plat in connection with the stated facts will more fully explain the situation:

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Bluebook (online)
64 N.E. 237, 29 Ind. App. 211, 1902 Ind. App. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-durfee-indctapp-1902.