debt claim in Indiana

2002See also State v. Cowdell, 421 N.E.2d 667, 671 (Ind.Ct.App.1981) ("The right of sub-rogation has consistently been defined as follows: 'The right of subrogation is not founded upon contract, expressed or implied, but upon principles of equity and justice, and includes every instance in which one party, not a mere volunteer, pays a debt for another, primarily liable, and which, in good conscience, should have been paid by the latter.'" (Quoting Home Owners' Loan Corp. v. Henson, 217 Ind. 554, 561 , 29 N.E.2d 873, 875 (1940).

2002See also State v. Cowdell, 421 N.E.2d 667, 671 (Ind.Ct.App.1981) ("The right of sub-rogation has consistently been defined as follows: 'The right of subrogation is not founded upon contract, expressed or implied, but upon principles of equity and justice, and includes every instance in which one party, not a mere volunteer, pays a debt for another, primarily liable, and which, in good conscience, should have been paid by the latter.'" (Quoting Home Owners' Loan Corp. v. Henson, 217 Ind. 554, 561 , 29 N.E.2d 873, 875 (1940).

2006As the Court of Appeals has observed: Barring any qualifying expression, in common usage the word “due” means that “the debt or claim in question is now (presently or immediately) matured and enforceable.” When qualified by the expression “payable” the word “due” means that the debt or claim “is fixed and certain but the day appointed for its payment has not yet arrived.” . . . [I]n the context of a real or personal property tax, the term has long been used to refer to the “day appointed for its payment.” Beiger Heritage Corp. v. Montandon, 691 N.E.2d 1334, 1337 (Ind. Ct. App. 1998) (internal

2006As the Court of Appeals has observed: Barring any qualifying expression, in common usage the word “due” means that “the debt or claim in question is now (presently or immediately) matured and enforceable.” When qualified by the expression “payable” the word “due” means that the debt or claim “is fixed and certain but the day appointed for its payment has not yet arrived.” ... [I]n the context of a real or personal property tax, the term has long been used to refer to the “day appointed for its payment.” Beiger Heritage Corp. v. Montandon, 691 N.E.2d 1334, 1337 (Ind.Ct.App.1998) (internal citat

1998There are no Indiana cases on point defining the term "due and payable." However, in the context of a real or personal property tax, the term has long been used to refer to the "day appointed for its payment." See , e.g ., Board of Comm’rs v. Millikan , 207 Ind. 142, 145 , 190 N.E 185, 186 (1934) (action against board for refund of taxes allegedly wrongfully paid referring to the "collection of taxes for 1919, due and payable in 1920"); Chadwick v. City of Crawfordsville , 216 Ind. 399, 413 , 24 N.E.2d 937, 944 (1940) (action to enjoin county Treasurer from collecting taxes for the year 1938 r

1998There are no Indiana cases on point defining the term "due and payable." However, in the context of a real or personal property tax, the term has long been used to refer to the "day appointed for its payment." See , e.g ., Board of Comm’rs v. Millikan , 207 Ind. 142, 145 , 190 N.E 185, 186 (1934) (action against board for refund of taxes allegedly wrongfully paid referring to the "collection of taxes for 1919, due and payable in 1920"); Chadwick v. City of Crawfordsville , 216 Ind. 399, 413 , 24 N.E.2d 937, 944 (1940) (action to enjoin county Treasurer from collecting taxes for the year 1938 r

1998There are no Indiana cases on point defining the term "due and payable." However, in the context of a real or personal property tax, the term has long been used to refer to the "day appointed for its payment." See , e.g ., Board of Comm’rs v. Millikan , 207 Ind. 142, 145 , 190 N.E 185, 186 (1934) (action against board for refund of taxes allegedly wrongfully paid referring to the "collection of taxes for 1919, due and payable in 1920"); Chadwick v. City of Crawfordsville , 216 Ind. 399, 413 , 24 N.E.2d 937, 944 (1940) (action to enjoin county Treasurer from collecting taxes for the year 1938 r

1998There are no Indiana cases on point defining the term “due and payable.” However, in the context of a real or personal property tax, the term has long been used to refer to the “day appointed for its payment.” See, e.g., Board of Comm’rs v. Millikan, 207 Ind. 142, 145 , 190 N.E. 185, 186 (1934) (action against board for refund of taxes allegedly wrongfully paid referring to the “collection of taxes for 1919, due and payable in 1920”); Chadwick v. City of Crawfordsville, 216 Ind. 399, 413 , 24 N.E.2d 937, 944 (1940) (action to enjoin county Treasurer from collecting taxes for the year 1938 refe

2002See also State v. Cowdell, 421 N.E.2d 667, 671 (Ind.Ct.App.1981) ("The right of sub-rogation has consistently been defined as follows: 'The right of subrogation is not founded upon contract, expressed or implied, but upon principles of equity and justice, and includes every instance in which one party, not a mere volunteer, pays a debt for another, primarily liable, and which, in good conscience, should have been paid by the latter.'" (Quoting Home Owners' Loan Corp. v. Henson, 217 Ind. 554, 561 , 29 N.E.2d 873, 875 (1940).

1997Cf. Mechanics Laundry & Supply, Inc. v. Wilder Oil Co., 596 N.E.2d 248, 254 (Ind.Ct.App.1992) (an uncontested instrument can be admitted into evidence without proving its execution).