Hunter v. McCoy
This text of 14 Ind. 528 (Hunter v. McCoy) 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
In a suit for the correction of a mistake in a deed, the additional remedy of quieting title may be had, if the facts stated in the complaint justify it. In a suit upon a mortgage, the double remedy of correction and foreclosure may be had upon a proper complaint. Perk. Pr., p. 661.
Where an issue is made and tried, the Court grants any relief consistent with the case made by the complaint and embraced -within the issue, without regard to the prayer for relief. Perk. Pr., p. 658.
The judgment is reversed with costs, with leave to the plaintiff to amend, if he desires to do so, and with leave to the defendant to answer, the demurrer being overruled.
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14 Ind. 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-mccoy-ind-1860.