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[DOWNLOAD] "State Ex Rel. Indiana Real Estate" by 290 Supreme Court of Indiana No. 30 # eBook PDF Kindle ePub Free

State Ex Rel. Indiana Real Estate

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eBook details

  • Title: State Ex Rel. Indiana Real Estate
  • Author : 290 Supreme Court of Indiana No. 30
  • Release Date : January 15, 1963
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

This is an action instituted by appellant, State of Indiana on the Relation of the Indiana Real Estate Commission, against appellee, Cecil Meier, seeking an injunction to prevent him from engaging in the practice of real estate brokerage without a broker's license. Appellee demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and thereafter appellee filed an answer in admission and denial. The issues thus joined, a trial was held to the court, which entered judgment in favor of appellee, the court finding that the title of the Real Estate License Law of Indiana, being Chapter 44 of the Acts of 1949 of the Indiana General Assembly (Burns' Ind. Stat., 1961 Replacement, § 63-2401 et seq.), was too narrow to include the selling of real estate at public auction, and therefore that law, in so far as it attempted to regulate auctioneers, was void and of no effect as violating Art. 4, § 19, of the Constitution of the State of Indiana. The appeal comes to this court because of the constitutional question presented. Burns' Ind. Stat., 1946 Replacement, § 4-214. The facts in this case are undisputed. Appellee was an auctioneer, who had started in business in 1928 with his father, who also had been an auctioneer since 1904. In 1955 he attempted to obtain a real estate broker's license, but failed the examination. On April 4, 1956, appellee auctioned or ""cried"" a piece of real estate known as the Cecil Griffin property located on Ind. Highway No. 356 Near Hanover, in Jefferson County, Indiana. He was paid by the seller for his services. Closing of the sale was done at a local bank by an attorney. Appellee was not present at such time. Neither buyer nor seller had any complaints to make about the conduct of the sale.


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