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STANLEY v. GIESEKING

No. 28,755.

230 Ind. 690 (1952)

105 N.E.2d 171

STANLEY v. GIESEKING ET AL.

Supreme Court of Indiana.

Rehearing denied June 19, 1952.

Attorney(s) appearing for the Case

Mountz & Mountz, of Garrett; Leo Rumbaugh, of Albion; Barrett, Barrett & McNagny, Otto Grant, Sr. and J.A. Bruggeman, all of Fort Wayne, for appellant.

Hogg, Leonard & Peters; C.A. Lincoln and James P. Murphy, all of Fort Wayne, for appellees.

EMMERT, J.

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...

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