Premier Steel Co. v. Yandes

Indiana Court of Appeals

Premier Steel Co. v. Yandes

33 N.E. 640, 6 Ind. App. 345, 1893 Ind. App. LEXIS 148

CourtIndiana Court of Appeals

DecidedMarch 15, 1893

DocketNo. 724

StatusPublished

This text of 33 N.E. 640 (Premier Steel Co. v. Yandes) 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

Premier Steel Co. v. Yandes, 33 N.E. 640, 6 Ind. App. 345, 1893 Ind. App. LEXIS 148 (Ind. Ct. App. 1893).

Pincite

Opinion

Reinhard, C. J.

The appellee presented his petition to the court below setting forth among other things his appointment as trustee in a mortgage executed by the Indianapolis Rolling Mill Company to Asa G. Pettibone as trustee, in which mortgage said appellee was appointed successor trustee, which trust he accepted upon the resignation of Pettibone. The appellee resigned his trust and the court accepted his resignation on January 24, 1892, and appointed his successor. In this petition the appellee asks the court to make him an allowance for services and ex[346]*346penses. The court made a special finding of the facts, and rendered judgment in favor óf appellee for $800, and decreed a lien on the real estate embraced in the mortgage. From this judgment and decree the Premier Steel Company appeals. It appears that the right to declare the lien is one of the principal questions presented by the parties, and we are, therefore, of the opinion that the jurisdiction is in the Supreme Court.

Filed March 15, 1893.

Ordered transferred.

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Reinhard, C. J.

The appellee presented his petition to the court below setting forth among other things his appointment as trustee in a mortgage executed by the Indianapolis Rolling Mill Company to Asa G. Pettibone as trustee, in which mortgage said appellee was appointed successor trustee, which trust he accepted upon the resignation of Pettibone. The appellee resigned his trust and the court accepted his resignation on January 24, 1892, and appointed his successor. In this petition the appellee asks the court to make him an allowance for services and ex[346]*346penses. The court made a special finding of the facts, and rendered judgment in favor óf appellee for $800, and decreed a lien on the real estate embraced in the mortgage. From this judgment and decree the Premier Steel Company appeals. It appears that the right to declare the lien is one of the principal questions presented by the parties, and we are, therefore, of the opinion that the jurisdiction is in the Supreme Court.

Filed March 15, 1893.

Ordered transferred.

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Bluebook (online)

33 N.E. 640, 6 Ind. App. 345, 1893 Ind. App. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/premier-steel-co-v-yandes-indctapp-1893.