Legal Opinion

Ballenger v. Oswalt

Indiana Supreme Court

Decided May 15, 1866PublishedCited by 1 opinion

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

  1. Dumell v. TersteggeIndiana Supreme Court · 1864
  2. Zekind v. NewkirkIndiana Supreme Court · 1859

3Cited by1 opinion

  1. Barlow v. DeibertIndiana Supreme Court · 1872

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