18 Ind. 339 | Ind. | 1862
This was an action by the appellee, who was the plaintiff, against Oran and Jane Arnold to foreclose a mortgage, on lots 17 and 18 in Legonier, Noble county. The mortgage bears date April the 9th, 1858; was executed by the defendant to one Johnson P>. Curl to secure the payment of two promissory notes, each for 135 dollars, and was by him, by endorsement, assigned to the plaintiff. Copies of these notes, and also a copy of the mortgage, were filed with the complaint and made a part o-f it.
The defendants answered the complaint: 1. By a general denial. 2. That at the date of the mortgage, Johnson £). Curl, the mortgagee, by deed in fee simple, conveyed the lots above described to the defendants, who then executed to him said notes, as and for the purchase-money of the described prem
To this answer the Court sustained a demurrer, and rendered a final judgment against the defendants. The answer, in this case, does not assume to bar the action. It seeks, merely, to suspend proceedings on the mortgage, and the only question to settle is, are the facts sufficient to authorize any appropriate relief ? The mortgage, as has been seen, was given to secure the purchase-money of real estate purchased by the mortgagor, at the time it was given, of the mortgagee. It is conceded by the demurrer that when the purchase was made there were liens, on the premises sold, against the mort
The judgment is reversed with costs. Cause remanded.