Ballenger v. Oswalt
Indiana Supreme Court
APPEAL from the Grant Circuit Court.
1Opinion of the CourtElliott, J.
Ballenger, who was the plaintiff below, filed a complaint to compel satisfaction of a mortgage executed by him to Oswalt. The mortgage is made a part of the complaint, and the condition thereof recites that if Ballenger shall pay or cause to be paid to Oswalt, “the full sum of $217 68, as. follows, to-wit: $100 paid by note on William, Winslow, due, and $75 in one year from date,” (the date of the mortgage,) and $42 68 in five years from date, in all $217 18, then the indenture shall be void, &c., “but in case of the non-payment of said sum of $217 68, or any part or parcel thereof, according…
2Cases cited2 opinions
- Dumell v. TersteggeIndiana Supreme Court · 1864
- Zekind v. NewkirkIndiana Supreme Court · 1859
3Cited by1 opinion
- Barlow v. DeibertIndiana Supreme Court · 1872