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Wills, Trusts & Estates Keyed to Gallanis
Hays v. Regar
Citation:
1 N.E. 386 (Ind. 1885)Facts
On August, 1872, William Regar was the owner of a lot in Davidson’s Heirs’ addition to the city of Indianapolis. On that day, his wife joining, he conveyed it to John Stumph by an absolute deed. This conveyance was made without any consideration, and upon a parol trust that the title should be held for the benefit of Regar, who remained in possession and paid the taxes. On February 9, 1878, by the direction of Regar, Stumph and wife conveyed the lot to the appellee, Regar’s wife. While the title was in Stumph, Hays & Wiles recovered a judgment against him in the Marion superior court. After the lot was conveyed to Mrs. Regar, the city of Indianapolis condemned it for street purposes, assessing damages to Mrs. Regar at $412.50. This sum was paid into the city treasury. Hays & Wiles claimed the money on account of the alleged lien of their judgment, which was acquired while the legal title was in Stumph.
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