Jackson v. Fosbender

This was an action to foreclose a mortgage upon real estate, given to secure two promissory notes. Copies of the notes and mortgage are filed with the complaint. There is an averment in the complaint that a mistake was made in the description of the land mortgaged, specifying it. Prayer for a foreclosure,. a correction of the mistake, and other proper relief.

An answer was filed alleging, in substance, that the appellant purchased of the appellee Christiana Fosbender, who is the wife of the other appellee, certain real estate in Hamilton county, and received a bond therefor upon conditions…