City of Indianapolis v. City Bond Co.

• Decision Date: 17 March 1908
• Docket Number: No. 6,248.,6,248.
• Parties: CITY OF INDIANAPOLIS et al. v. CITY BOND CO.
• Court: Indiana Appellate Court

42 Ind.App. 470

84 N.E. 20

CITY OF INDIANAPOLIS et al.

v.CITY BOND CO.

No. 6,248.¹

Appellate Court of Indiana, Division No. 2.

March 17, 1908.

Appeal from Superior Court, Marion County; Chas. T. Hanna, Special Judge.

Action by the city of Indianapolis and others against the City Bond Company. From a judgment for defendant, plaintiffs appeal. Affirmed.Frederick E. Matson and Crate D. Bowen, for appellants. S. M. Richcreek, for appellee.

ROBY, C. J.

This suit was instituted by Carrie H. Latta, one of the appellants, to quiet title to certain property in the city of Indianapolis, which she had purchased at a tax-title sale for $7.64, against the Marion Bond Company, the Hoosier Construction Company, and Browder & Shover, partners. The Hoosier Construction Company and Browder & Shover filed general denials. The City Bond Company (which had taken over the business and succeeded to the rights of the Marion Bond Company), filed a cross-complaint, alleging therein that certain street and sidewalk improvements had been made in the vicinity of said property, which was assessed therefor; and that bonds which had been issued by the city of Indianapolis to cover the cost of the assessment were owned by it, and prayed that the lien of the assessment against the land be enforced and foreclosed. Subsequent to the filing of the cross-complaint, the city of Indianapolis, through its park board, decided to build a boulevard over and along the property in question. The property was appraised at $1,700, which amount was paid to Carrie H. Latta, who executed a warranty deed for the property to the city and dismissed her suit to quiet title. This action left the city of Indianapolis the owner of the property, while the bonds and coupons remained unpaid. The city of Indianapolis was made a party defendant to the cross-complaint. Carrie H. Latta, Will H. Latta, and the city of Indianapolis answered in general denial to the cross-complaint. The city filed its second and third paragraphs of answer to the cross-complaint. A demurrer to the second paragraph was sustained, and the issues were closed by a reply in general denial to the third paragraph, which set up that the Marion Bond Company had sued Frances M. Beck, a former owner of the property (and who owned it when the assessment was made), upon the same coupons, and had recovered thereon a personal judgment, and averred that its election to do so is a bar to this action, and a full adjudication of the coupon holder's rights. The cause was tried by the court, a special finding of facts had, and conclusions of law stated thereon, as follows: “That the equities are with the cross-complainant, the City Bond Company, and that it is entitled to have the lien of the assessment foreclosed against the property described in the complaint and in these findings, and that it is entitled to recover in this cause, on its cross-complaint, the sum of $463.18, as principal and interest, and the sum of $75 attorney's fees, and to have its lien foreclosed and said property...