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Hunter v. McCoy

Hunter v. McCoy, 14 Ind. 528 (1860)
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Court
Indiana Supreme Court · State Highest Courts
Decided
June 13, 1860
Citations
14 Ind. 528
Summary
APPEAL from the Jefferson Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

In a suit for the correction of a mistake in a deed, the additional remedy of quieting title may be had, if the facts stated in the complaint justify it. In a suit upon a mortgage, the double remedy of correction and foreclosure may be had upon a proper complaint. Perk. Pr., p. 661.

Where an issue is made and tried, the Court grants any relief consistent with the case made by the complaint and embraced -within the issue, without regard to the prayer for relief. Perk. Pr., p. 658.

The judgment is reversed with costs, with leave to the plaintiff to amend, if he desires to do so, and with leave to the defendant to answer, the demurrer being overruled.

How later courts describe this case

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

Cited by 11 cases

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1864–1865: 11870–1871: 11876–1877: 11878–1879: 11880–1881: 11882–1883: 11884–1885: 21902–1903: 11906–1907: 11946–1947: 118642026peak 1884 · 2

Relies on it most ⓘ

  1. Carver v. Carver97 Ind. 497 (1884)
  2. Nolte v. Libbert34 Ind. 163 (1870)
  3. Adams v. Betz78 N.E. 649 (Ind. 1906)
  4. Dunn v. Crocker22 Ind. 324 (1864)
  5. Drinkwatter v. Eikenberry64 N.E.2d 399 (Ind. 1946) · Dissent
  6. Marot v. Germania Building & Savings Association Number 254 Ind. 37 (1876)

Most recent

  1. Drinkwatter v. Eikenberry64 N.E.2d 399 (Ind. 1946) · Dissent
  2. Adams v. Betz78 N.E. 649 (Ind. 1906)
  3. Earl v. VanNatta64 N.E. 901 (Ind. Ct. App. 1902)
  4. Gordon v. Goodman98 Ind. 269 (1884)
  5. Carver v. Carver97 Ind. 497 (1884)
  6. Baltimore, Ohio & Chicago Railroad v. Crissman83 Ind. 167 (1882)

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 0

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