Arnold v. Curl

This was an action by the appellee, who was the plaintiff, against Oran and Jane Arnold to foreclose a mortgage, on lots 17 and 18 in Legonier, Noble county. The mortgage bears date April the 9th, 1858; was executed by the defendant to one Johnson P>. Curl to secure the payment of two promissory notes, each for 135 dollars, and was by him, by endorsement, assigned to the plaintiff. Copies of these notes, and also a copy of the mortgage, were filed with the complaint and made a part o-f it.

The defendants answered the complaint: 1. By a general denial. 2. That at the date of the mortgage,…