Young v. Urich

• Citation: 15 Ind. 326
• Parties: Young v. Urich and Another
• Decision Date: 12 December 1860
• Court: Supreme Court of Indiana

15 Ind. 326

Young v. Urich and Another

Supreme Court of Indiana

December 12, 1860

APPEAL from the Howard Circuit Court.

The judgment is reversed, with costs, and the cause remanded for a new trial.

R. Vaile and H. A. Brouse, for appellant.

OPINION

Per Curiam

Young had an unpaid judgment against Urich, on which an execution had been issued and returned "no property." He filed his complaint against Urich and Newlin, alleging that Urich had an equitable interest in certain real estate, describing it; that he purchased the same of Newlin and has paid him all the purchase money except $ 200, and has taken possession of the same and now occupies it; that Newlin has not conveyed it to Urich, but has agreed to do so upon the payment of the $ 200 of unpaid purchase money. Prayer, that Urich's interest may be sold to pay the debt. Newlin was defaulted. Urich admitted the debt, but denied the other matters alleged. The Court, on trial, found for the defendants; overruled a motion for a new trial, and rendered judgment on the finding.

The evidence is set out, and we think it is sufficient to entitle the plaintiff to a finding and judgment. There is no conflict in the testimony, and we do not perceive any substantial particular in which the plaintiff failed. We have been furnished with no brief on the part of the appellee, and, consequently, are not advised upon what ground the finding and judgment were rendered, or are sought to be maintained.

The judgment is reversed, with costs, and the cause remanded for a new trial.