Wilkins v. De Pauw

Indiana Supreme Court

Wilkins v. De Pauw

10 Ind. 159

CourtIndiana Supreme Court

DecidedMay 25, 1858

StatusPublished

Cited by4 cases

This text of 10 Ind. 159 (Wilkins v. De Pauw) 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.

Bluebook

Wilkins v. De Pauw, 10 Ind. 159 (Ind. 1858).

Pincite

Opinion

Per Curiam.

The question presented in this case is—

Can a sale upon the foreclosure of a mortgage, made by a commissioner appointed by the Court for the purpose, with the consent of the parties, be held void collaterally?

We are clearly of opinion it cannot. We do not mean to imply that it could in a direct proceeding. ' See 2 R. S. p. 157. It would be a judicial question arising in the cause below, even had there been no consent or waiver by the parties, whether this was a case for the appointment of a commissioner.

The judgment is affirmed with costs.

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Per Curiam.

The question presented in this case is—

Can a sale upon the foreclosure of a mortgage, made by a commissioner appointed by the Court for the purpose, with the consent of the parties, be held void collaterally?

We are clearly of opinion it cannot. We do not mean to imply that it could in a direct proceeding. ' See 2 R. S. p. 157. It would be a judicial question arising in the cause below, even had there been no consent or waiver by the parties, whether this was a case for the appointment of a commissioner.

The judgment is affirmed with costs.

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Bluebook (online)

10 Ind. 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkins-v-de-pauw-ind-1858.

Opinion

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