(DOWNLOAD) "Richcreek v. Richcreek Et Al." by In Banc No. 17434 Appellate Court of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: Richcreek v. Richcreek Et Al.
- Author : In Banc No. 17434 Appellate Court of Indiana
- Release Date : January 21, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
On Petition for Rehearing. ROYSE, Presiding Judge. Appellant, in his petition for rehearing, earnestly contends our original opinion contravenes the well-established rule that an executor or administrator may appeal from an adverse judgment to sell real estate for the purpose of paying creditors. Our opinion does not so hold. Appellant's complaint as set out therein did not allege the facts required by the statute to give the trial court jurisdiction to order the sale of real estate for the payment of debts. Custer, Administrator, v. Beyer, 1921, 76 Ind. App. 303, 306, 130 N.E. 834; Simms v. Gilmore, Executor, 1922, 78 Ind. App. 244, 135 N.E. 183. Nor does the record show any evidence either that there were debts owing by the estate or that the personal property was insufficient to pay debts.
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