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Tyler v. Wilkerson

Tyler v. Wilkerson, 20 Ind. 473 (1863)
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Court
Indiana Supreme Court · State Highest Courts
Decided
May 15, 1863
Citations
20 Ind. 473
Headnotes
Jurisdiction. — The Circuit and Common Pleas Courts have jurisdiction, on the application of his creditors, to set aside a fraudulent sale of real estate, made by a deceased person.
Summary
APPEAL from the Jennings 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

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

Per Curiam.

Suit by creditors of a deceased person to set aside a fraudulent sale of real estate. We think the suit will lie for that purpose. See McNaughton v. Lamb, 2 Ind. 642 , and Love v. Mikals.

The distribution of assets among creditors must be made by the Common Pleas Court, and claims must be allowed or litigated in that Court, and the accounts of administrators must be there settled.

The Common Pleas Court would undoubtedly have jurisdiction to set aside a fraudulent conveyance in such case, order a sale, and distribution of the proceeds. Economy would dictate the selection of that forum in the first instance; but we can not say that the Circuit Court may not set aside the fraudulent conveyance. The right of the administrator, *474 also, to institute proceedings to set aside a fraudulent sale is cumulative. See 2 G-. & II. 511.

A. G. Downey, for the appellants. H. G. Newcomb and J. 8. Tarkington, for the appellee.

The judgment is reversed, with costs. Cause remanded for further proceedings, with leave to amend. 1

(1) Petition for rehearing overruled, August 26, 1863.

How later courts describe this case

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

1863–1864: 11867–1868: 11881–1882: 11893–1894: 11899–1900: 11939–1940: 118632026peak 1863 · 1

Relies on it most ⓘ

  1. Tyler v. Wilkerson27 Ind. 450 (1867)
  2. Galentine v. Wood35 N.E. 901 (Ind. 1893)
  3. Mark v. North57 N.E. 902 (Ind. 1900)
  4. Bottorff v. Covert90 Ind. 508 (1882)
  5. Loftin v. Johnson24 N.E.2d 916 (Ind. 1940)
  6. Newkirk v. Burson21 Ind. 129 (1863)

Most recent

  1. Loftin v. Johnson24 N.E.2d 916 (Ind. 1940)
  2. Mark v. North57 N.E. 902 (Ind. 1900)
  3. Galentine v. Wood35 N.E. 901 (Ind. 1893)
  4. Bottorff v. Covert90 Ind. 508 (1882)
  5. Tyler v. Wilkerson27 Ind. 450 (1867)
  6. Newkirk v. Burson21 Ind. 129 (1863)

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 1

DepthCaseCited by
McNaughtin v. Lamb, 2 Ind. 642 (1851) 6

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