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YATEMAN v. SMITH, SHERIFF

No. 29,048.

232 Ind. 566 (1953)

114 N.E.2d 639

YATEMAN ET AL. v. SMITH, SHERIFF OF MARION COUNTY.

Supreme Court of Indiana.

Rehearing denied November 3, 1953.

Attorney(s) appearing for the Case

Howard R. Hooper, of Indianapolis, for appellants.

James J. Stewart and Murray, Mannon, Fairchild & Stewart, all of Indianapolis, for appellee.

FLANAGAN, J.

Appellants were in possession of certain real estate in Marion County, Indiana. After due trial, the Marion Circuit Court entered judgment against them that they be dispossessed. They filed this action against the Sheriff of Marion County, seeking to enjoin him from enforcing execution of that judgment. The basis of the action was that appellants had suits pending seeking to set aside the involved judgment. The...

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