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MILADIN v. ISTRATE, ADMR.

No. 18,506.

125 Ind. App. 46 (1954)

119 N.E.2d 12

MILADIN v. ISTRATE, ADMINISTRATOR OF ESTATE OF ISTRATE, DECEASED, ETC.

Court of Appeals of Indiana.

Rehearing denied June 15, 1954.

Transfer denied October 22, 1954.

Attorney(s) appearing for the Case

Parrish & Parrish, and Ralph J. Miller, all of Fort Wayne, for appellant.

Henry Springer, of Butler, Hugh G. Sanders, of Auburn, and Edgar W. Atkinson, and James A. Angelone, of counsel, both of Auburn, for appellee.

CRUMPACKER, C.J.

This is a suit originally brought by the appellee's decedent, Tudor Istrate, to foreclose a mortgage on nine and one-half acres of land near the city of Garret, DeKalb County, Indiana, occupied by the appellant in whom the legal title now rests. The complaint proceeds upon the theory that on November 10, 1936, the involved land belonged to Albert and Nova Cole and was encumbered by a mortgage in the sum of $4500 belonging to the plaintiff Tudor Istrate...

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