29 Ind. 561 | Ind. | 1868
The record before us is a legal curiosity. It purports to be of proceedings “before the Hon. William A.
It is well said by the counsel for the appellant that this case is anomalous. The plaintiff called it below, upon the record, “ proceedings supplementary to execution” There was a complaint in two paragraphs, making the appellant and his wife defendants. The first paragraph alleged a judgment in favor of the appellee against the appellant in the Ripley Common Pleas, .the issue of an execution, and a return of nulla bona; that the appellant had property and moneys in said county not known to the plaintiffs, which he kept concealed, and refused to apply upon the judgment, and that his wife held in her own name in secret trust for the appellant, to enable him to defraud his creditors, a quarter section of land, described, of . the value of $4,000, the property of the appellant, and also personal property worth $1,000, which' could • not be described because unknown. The second paragraph related exclusively to the land, and contained such averments as would be proper in a complaint to subject the land to execution, except that it did not .allege, save by reference to the first paragraph, which was
The second paragraph was bad for both causes assigned by the demurrer. 1. The want of sufficient facts, as already stated. 2. That the Common Pleas had no jurisdiction of the subject matter. The cause was dismissed as to the wife of the appellant after a verdict for the plaintiff, pending a motion by her for a new trial, and then a judgment was rendered subjecting the land to execution, the title to which was in her. It need hardly bo said that the judgment was utterly void as against her.
The judgment is reversed, with costs, and the cause remanded, with directions to sustain the appellant’s demurrers.