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De Armond v. Ballou

De Armond v. Ballou, 23 N.E. 766 (Ind. 1890)
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Court
Indiana Supreme Court · State Highest Courts
Decided
February 25, 1890
Docket
No. 14,024
Judges
Elliott
Citations
23 N.E. 766122 Ind. 3981890 Ind. LEXIS 103
Headnotes
Fraudulent Conveyance.— Action to Set Aside. — Statute of Limitations.— Plea of. — Demurrer.—Effect.—Where an answer to an action to set aside a fraudulent conveyance avers that the cause of action did not accrue within six years, the plaintiff on demurring to the answer can not receive aid from his complaint, and it will not be looked to to ascertain when the cause of action accrued. Same. — Limitation of Action. — Pleading.—A plea of the six years’ statute of limitations to a complaint to set aside a fraudulent conveyance is good.
Summary
From the Decatur 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 — Elliott

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

Elliott, J.

The appellant’s complaint charges that the appellee is the grantee of a fraudulent conveyance, and seeks to have the conveyance adjudged void and the land subjected to the payment of a claim held by the appellant against the grantor. The appellee answered the six years’ statute of limitations, and the question for decision is as to the sufficiency of this answer.

The demurrer admits the facts pleaded in the answer and we can not look beyond these admitted facts to the averments of the complaint to ascertain when the cause of action accrued. Where an answer avers that the cause of action did not accrue within six years, the plaintiff can not receive aid from his complaint, for the demurrer admits that the averments of the answer are true.

Our decisions settle the question adversety to the contention of the appellant, for they uniformly hold that a plea of the six years’ statute to a complaint to set aside a fraudulent conveyance is good. Musselman v. Kent, 33 Ind. 452 ; Duncan v. Cravens, 55 Ind. 525 ; Sidener v. Galbraith, 63 Ind. 89 ; Baugh v. Boles, 66 Ind. 376 ; Wilhite v. Hamrick, 92 *399 Ind. 594 (599). We can not depart from what was said in Baugh v. Boles, supra, to be the settled rule.

Filed Feb. 25, 1890; petition for a rehearing overruled March 1, 1890.

Judgment affirmed.

How later courts describe this case

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

1894: 11896: 21908: 11926: 118942026peak 1896 · 2

Relies on it most ⓘ

  1. State ex rel. Harrison v. Osborn42 N.E. 921 (Ind. 1896)
  2. Burley Tobacco Growers Co-Operative Ass'n v. Rogers150 N.E. 384 (Ind. Ct. App. 1926)
  3. Bank of Miller v. Moore116 N.W. 167 (Neb. 1908)
  4. Lemster v. Warner36 N.E. 900 (Ind. 1894)
  5. Leavell v. State ex rel. Marsh44 N.E. 687 (Ind. Ct. App. 1896)

Most recent

  1. Burley Tobacco Growers Co-Operative Ass'n v. Rogers150 N.E. 384 (Ind. Ct. App. 1926)
  2. Bank of Miller v. Moore116 N.W. 167 (Neb. 1908)
  3. Leavell v. State ex rel. Marsh44 N.E. 687 (Ind. Ct. App. 1896)
  4. State ex rel. Harrison v. Osborn42 N.E. 921 (Ind. 1896)
  5. Lemster v. Warner36 N.E. 900 (Ind. 1894)

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 5

DepthCaseCited by
Baugh v. Boles, 66 Ind. 376 (1879) 13
Musselman v. Kent, 33 Ind. 452 (1870) 28
Wilhite v. Hamrick, 92 Ind. 594 (1884) 23
Sidener v. Galbraith, 63 Ind. 89 (1878) 15
Duncan v. Cravens, 55 Ind. 525 (1877) 7

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