TaiLexi AI U.S. Case Law

Bryer v. Chase

Bryer and Others v. Chase.—In error

Bryer v. Chase, 8 Blackf. 508 (1847)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Indiana Supreme Court · State Highest Courts
Decided
November 30, 1847
Citations
8 Blackf. 5081847 Ind. LEXIS 92

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

THE assignee of a judgment for a certain sum of money filed a bill in chancery against the infant .heirs of the judgment-debtor. The bill alleged that the judgment-debtor died insolvent, leaving certain land on which the judgment was a lien, and prayed that the land might be sold for payment of the judgment. Held,

1. That in such suits, Courts of law and equity have concurrent jurisdiction. Martin v. Densford, 3 Blackf. 295 .— Bryan v. Blythe, 4 id. 249.

2. That the defendants being infants, there could not be a final decree against them without proof.

3. That if there was no administrator of the estate, the bill should have alleged that fact; and if there was an1 administrator, he should have been a party. Welborn v. Jolly, 4 Blackf. 279 . — Story’s Eq. Pl. 206.

4. That the assignor of the judgment might have been made a party; but qucere whether he was a necessary party. 1 Dan. Ch. Pr. 292. — Elderkin v. Shultz, 2 Blackf. 345 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1855–1856: 21863–1864: 118552026peak 1855 · 2

Relies on it most ⓘ

  1. Litterer v. Page22 Ind. 337 (1864)
  2. Graves v. Skeels ex rel. Patrick6 Ind. 107 (1855)
  3. Dart v. McQuilty6 Ind. 391 (1855)

Most recent

  1. Litterer v. Page22 Ind. 337 (1864)
  2. Dart v. McQuilty6 Ind. 391 (1855)
  3. Graves v. Skeels ex rel. Patrick6 Ind. 107 (1855)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Welborn v. Jolly, 4 Blackf. 279 (1837) 5
Martin v. Densford, 3 Blackf. 295 (1833) 4
Elderkin v. Shultz, 2 Blackf. 345 (1830) 2

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list