Holdridge v. Sweet

Rat, Oh. J.

This action was brought by the appellee to foreclose a mortgage given to secure the fulfillment of the conditions of a bond. The mortgage had been assigned by indorsement thereon, but no transfer had been Avritten upon the bond. The assignor Avas not made a party, and appellant filed his demurrer for that cause, which was overruled and excepted to. This was error. See French v. Turner, 15 Ind. 59.

• Another cause of demurrer, also overruled and excepted to, was that the complaint did not give a copy of the mortgage and the bond. The complaint, as originally filed, contained such…