74 Ind. App. 459 | Ind. Ct. App. | 1920
Appellee Schick, on July 15, 1916, purchased a tract of land from appellant, and a written contract was entered into, acknowledged and recorded, by the terms of which said appellee became the owner of the land, appellant holding the legal title as security for the payment of the purchase money. Appellee paid $300 cash, and agreed' to pay $25 per month with interest after maturity, until the full purchase price of $4,200
On April 30, 1919, appellee filed his verified petition asking the court to apportion said award of $2,650, praying that the amounts due without interest on the contract of sale be discounted for such time as the same has to run at the rate contemplated by the contract and fixed by law, to wit, six per cent., or in default of discount that the whole sum be paid to appellee. On May 3, 1919, appellant filed her petition asking the court to hold said sum so awarded in trust, and not to pay the same or any part thereof to appellee. The court sustained appellee’s petition and denied appellant’s, and awarded all of said sum of $2,650 to appellee, but determined the cash value of appellant’s contract to be $2,118, and directed that said amount be paid to appellant in full discharge of said contract, and in full payment of the purchase money for said real estate. This decision
Judgment affirmed.