Wiley v. Coovert
This text of 27 N.E. 173 (Wiley v. Coovert) 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
The appellee brought this suit to foreclose a mechanic’s lien, and the appellant was made a party to the suit to answer as to his interest in the property. The notice was directed against Maggert, and a decree was entered foreclosing the lien. The appellant, Wiley, alone appeals, for Maggert does not join in the appeal.
It is suggested, rather than asserted by appellant’s counsel, that as there is no evidence that Maggert was the owner this suit must fail. We think that the appellant can not successfully make that point. The appellant has a right to avail himself of all material errors that affect him, but he can not avail himself of errors affecting another party. It is not shown that he was in any wise affected by the alleged failure to prove Maggert’s ownership.
Judgment affirmed.
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Cite This Page — Counsel Stack
27 N.E. 173, 127 Ind. 559, 1891 Ind. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiley-v-coovert-ind-1891.