[DOWNLOAD] "Stanley v. Gieseking Et Al." by 755 Supreme Court of Indiana No. 28 # Book PDF Kindle ePub Free

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eBook details

• Title: Stanley v. Gieseking Et Al.
• Author : 755 Supreme Court of Indiana No. 28
• Release Date : January 10, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

This is an appeal from an interlocutory order appointing a receiver pending an action pleaded in a cross-complaint to quiet title to certain real estate in Noble County. The cross-complaint in rhetorical paragraph 3 alleged that ""These defendants allege and say that said Rallin P. Stanley [appellant] has moved onto said real estate and is now residing thereon; that he is in possession of said land, is claiming ownership thereof and is attempting to rent the same and to collect the rents thereof; that he is materially injuring said real estate and is causing irreparable damage thereto; that said acts of said Stanley and his possession of said real estate are without right and unlawful and that he continues to unlawfully withhold said premises from the owners named herein; that a receiver is necessary to conserve the value of said real estate and to prevent irreparable loss and injury to the parties hereto."" The prayer of the cross-complaint asked that title be quieted and that a receiver be appointed pending the action. A hearing was had on the issue of appointment of a receiver pending the action, and the trial court appointed a receiver as prayed. The evidence at the hearing for the appointment of a receiver pendente lite disclosed that the plaintiff and certain other defendants to the complaint were the collateral heirs at law of Emma R. Stanley who owned the record fee simple title to the real estate involved at the time of her death. She was married to Perry J. Stanley, the father of Rallin P. Stanley, at the time she and her said husband, Perry J. Stanley, died in an automobile collision with a truck on a public highway in Indiana on the 3rd day of June, 1947. The evidence showed that the collision caused death in a common disaster, and that deaths were simultaneous.

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