Overly v. Tipton

In this action the appellees sued the appellants, as the heirs at - law of one Allen T. Overly, deceased, in his original complaint, to foreclose a certain mortgage alleged to have been executed by said Allen T. Overly, in his lifetime, to the appellee’s intestate, Charles L. Moore, in his lifetime, on certain real estate in Fountain county, Indiana, and to collect the debt secured by said mortgage. To this original complaint the appellants’ demurrer was sustained by the court. Pending the consideration of said demurrer, the appellee filed a second paragraph to his complaint, in which he set…