Berkshire Life Insurance v. Hutchings

Bicknell, C. C.

The facts in this case are fully stated in Talburt v. Berkshire Life Ins. Co., 80 Ind. 434. In that -case a judgment of said court in favor of the present appellant was reversed on an appeal by Talburt, because said court, in its special finding, had left undetermined one of the issues which said appellant was bound to prove, in order to recover a, personal judgment againt Talburt.

The complaint seeks to foreclose a mortgage executed to the plaintiff by Hutchings, and it demands a personal judgment against him on the notes, and a like judgment against Talburt, because he, as…