Thomas v. Feaster

22 Ind. 356

• Court: Indiana Supreme Court
• Decided: May 15, 1864
• Status: Published

Opinion

Per Curiam.

The appellant sued the appellee to recover certain real estate, to which his pleadings showed he claimed title by virtue of a judgment, execution, sheriff’s sale, and deed. It appears the judgment was recorded in January, 1859, in the Common Pleas Court, upon confession, on warrant of attorney, for 1100 dollars.

A. W. Subbard, Geo. G. Clark, and L. § W. 0. Sexton, for the appellant. J. S. Seobey, for the appellee.

At that term the Common Pleas had no jurisdiction to render judgment for more than a 1000 dollars. The demurrer to the complaint should have been sustained. Marsh et al. v. Sherman, 12 Ind. 358; Shaw v. Gallagher, 8 id. 252; Armstrong v. Jackson, 1 Blackf. 210.

The judgment is affirmed, with costs.