Jones v. Noe

The first question in this case arises upon the overruling of the demurrer to the amended fourth paragraph of answer.

The complaint is in the ordinary form for the foreclosure of a mortgage, and for judgment on a promissory note secured by the mortgage.

The answer in question is, that said note and mortgage were given for a part of the purchase-priee of certain real estate; that on June 7th, 1870, and on May 9th, 1871, the plaintiff attempted, by deeds of general warranty, to convey to the defendant Valentine Noe, in fee simple, a farm in White Water township, in Eranklin county, Indiana,…