State ex rel. Kendall v. Greene

Best, C.

On the 21st day of January, 1874, William M. Hess and wife executed a mortgage to the State of Indiana to secure the loan of $750 of school funds, and this action was brought to foreclose such mortgage against the appellees as subsequent purchasers.

An answer of three paragraphs was filed. The first was the general denial, and this paragraph was subsequently withdrawn. The second averred, in substance, that said Hess was the acting county auditor of Hendricks county at the time he executed such mortgage, and that the only consideration for the execution of the same was the money he…