Rose v. Provident Saving, Loan & Investment Ass'n
Indiana Court of Appeals
Erom Marion Superior Court; J. L. McMaster, Judge. Suit by Provident Saving, Loan and Investment Association against Hiram E. Rose and others. Erom a. decree for plaintiff, defendants Hiram E. Rose and Nellie-B. Rose appeal.
1Opinion of the CourtComstock, C. J.
This suit was instituted by the appellee-, The Provident Saving, Loan and Investment Association, to foreclose a building and loan mortgage. Appellants were named as parties defendant in the complaint. Appellants Rose and Rose answered in three paragraphs: (1) In general denial; (2) setting up their mortgage and praying that it be protected as -a first lien in the decree of the court; (3) asking that the plaintiff’s mortgage be declared void for the reason that it was not recorded in forty-five days. They also filed a cro-ss-complaint for the foreclosure of their mortgage of $300, and asking…
2Cases cited3 opinions
- Jones v. ParkerWisconsin Supreme Court · 1881
- Butler v. Bank of MazeppaWisconsin Supreme Court · 1896
- Walters v. WardIndiana Supreme Court · 1899
3Cited by3 opinions
- Londner v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
- Pittman v. Max H. Smith Farms, Inc.Indiana Court of Appeals · 1987
- Harris v. Citizens Trust Co.Indiana Court of Appeals · 1929