Meikel v. Meikel
| Decision Date | 30 March 1889 |
| Docket Number | 13,598 |
| Citation | 20 N.E. 720,119 Ind. 421 |
| Parties | Meikel et al. v. Meikel et al |
| Court | Indiana Supreme Court |
Petition for a Rehearing Overruled June 19, 1889.
From the Marion Superior Court.
Judgment affirmed.
F. J Van Vorhis, W. W. Spencer, E. P. Ferris and J. S. Ferris, for appellants.
S. J Peelle, W. L. Taylor, H. Speed and O. B. Jameson, for appellees.
This was an action for partition brought in the Marion Superior Court. The facts, so far as they affect the questions in controversy here, are, that Philip J. Meikel died in 1849, the owner in fee of lots seven and eight, in block thirty-three, in the city of Indianapolis, leaving a widow, Mary C. Meikle, and the following named children: George W. Meikel, who was killed in front of Petersburgh, Virginia, September 10th, 1864; Charles P. Meikel, who died April 5th, 1884, leaving the plaintiffs, Harry O. Meikel and George W. Meikel; John M. Meikel, who died, unmarried, on the 2d day of November, 1881, Fred. J. Meikel and Caroline M. Meikel.
In 1864, in a partition suit in the common pleas court of Marion county, said real estate was divided into five lots, marked, respectively, A, B, C, D and E. Lot E was set off to the widow during her natural life, and the other four lots were assigned and set off to the children.
On the 4th day of November, 1875, Charles P. Meikel and his wife executed a deed to Jesse Jones, to the undivided one-fourth of lot E, subject to the life estate of the widow, to whom it had been assigned in trust for Harry O. Meikel, George W. Meikel and Carrie L. Meikel, his children.
On the 20th day of May, 1877, the First National Bank, of Indianapolis, recovered a judgment, in the Marion Superior Court, against John M. Meikel for $ 589.27.
On the 11th day of May, 1877, John Knight recovered judgment in the same court against said John M. Meikel for $ 131.30.
On the 16th day of May, 1877, William J. Johnson and Samuel Johnson recovered judgment against Fred. J. Meikel for $ 131.67, before a justice of the peace, a transcript of which was filed and recorded in the clerk's office of the circuit court of Marion county on the same day.
On the 12th day of May, 1877, Clement Vonnegut recovered judgment, in the Marion Circuit Court, against said John M. Meikel for $ 162.36, upon which Fred. J. Meikel became replevin bail.
On the 18th day of June, 1877, David Munson obtained judgment against Fred. J. Meikel, before a justice of the peace, for $ 127, a transcript of which was filed in the clerk's office of Marion county on the 11th day of March, 1878. These judgments are all unpaid.
On the 11th day of July, 1881, John M. Meikel and Fred. J. Meikel conveyed all their interest in said lot E to the appellee Caroline M. Meikel.
On the 16th day of July, 1881, Caroline M. Meikel executed to Kate E. Cole a mortgage on her interest in said lot E, to secure a note of $ 800, which note and mortgage were assigned to the appellee Amanda Curtis. The widow of Philip J. Meikel died prior to the year 1880.
In December, 1880, Frank McWhinney, holding tax deeds to said lot E, brought suit in the superior court of Marion county, Indiana, to obtain possession of the same, and to quiet his title, to which all the judgment creditors above named were made parties defendants, and were duly served with process. All the other parties to this suit were likewise made parties to that action. On the trial of the cause the court found that said tax deeds were not sufficient to convey title, and proceeded to find the amount due the said McWhinney on account of the taxes paid by him, declared the same a lien on said lot, and entered a decree foreclosing the same and ordering a sale of said lot by the sheriff unless the sum so found due was paid within sixty days. The court further ordered that said sale should be made without relief from valuation laws; that there should be no redemption therefrom, and that the sheriff should, at once, execute a deed to the purchaser. None of the parties having paid the sum found due to McWhinney within the sixty days fixed by the court, the sheriff of Marion county proceeded to sell the said lot, and Caroline M. Meikel bid in three-fourths thereof, and the sheriff executed to her a deed therefor.
Upon these facts the court, at special term, found that said judgment creditors had no liens upon said lot, and rendered judgment against them for costs, they having filed cross-complaints in this action, setting up their respective judgments as liens. Upon appeal to the general term said finding and judgment were affirmed, and the said judgment creditors now appeal to this court, and assign as error that the Marion Superior Court, at general term, erred in affirming the finding and judgment of the court at special term.
There is no controversy between the owners of this lot as to their respective interests in the same. It is conceded that Harry O. Meikel and George W. Meikel are entitled to one-fourth thereof, and that Caroline M. Meikel is entitled to the remaining three-fourths. The controversy is between the appellants as the judgment creditors of John M. Meikel and Fred. J. Meikel, and the appellee Caroline M. Meikel.
The first contention of the appellants is, that the superior court of Marion county had no jurisdiction of the subject-matter of the action brought by McWhinney. If this be true, it must be conceded that the decree rendered in McWhinney's favor by that court was void, and that Caroline M. Meikel, by her purchase...
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