Niles v. Stillwagon

The appellant, who was the plaintiff sued the appellee upon an instrument in writing in the form of a recognizance of replevin bail.

The facts are these: At the April term-, 1859, a suit was ■pending in the Putnam Circuit Court, wherein the said John C. Niles was plaintiff, and Mariah Boswell, the widow, and Albert Boswell, and others, the heirs of John B. Boswell, deceased, were defendants, upon a complaint to foreclose a mortgage executed by said John B. in his lifetime, and also by his then wife, the said Mariah. And the Court then and there found that there was due and owing to the…