Baker v. McCune

Action by John McCune against Joseph Baker to recover the possession of a tract of land in Whitley county. The complaint was in the usual form; the answer in general denial.

From a special finding of facts it was made to appear that on the 7th day of December, 1876, the plaintiff sold and conveyed the land in controversy to the defendant; that for a portion of the purchase-money the plaintiff took the promissory notes of the defendant payable in instalments, secured by a mortgage on the land; that afterwards there was a foreclosure of the mortgage, and a sale of the land by the sheriff to…