Indiana Supreme Court, 1847

Bryer v. Chase

Bryer v. Chase
Indiana Supreme Court · Decided November 30, 1847
8 Blackf. 508; 1847 Ind. LEXIS 92
Bryer v. Chase

Cases that cite this one

3 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.