Proctor v. Cole

This suit is prosecuted upon three promissory notes and a mortgage securing them. The controversy has already been before this court, but in a somewhat different form, Proctor v. Cole, 104 Ind. 373.

The present appeal brings the case to us upon the following special finding: “That, on the 31st day of January, 1880, the defendant William Proctor executed the notes sued on, and on the same day he and his wife, the defendant Frances Proetor, executed the mortgage set out with the complaint, to secure the said notes, which mortgage was executed in due form of law and duly recorded; that the notes…