Nichol v. Henry

Best, C.

This action was brought by the appellant against the appellee to foreclose a mortgage. The complaint averred in substance, that on the 17th day of October, 1860, George F. Chittenden executed to John H. Chittenden a mortgage *55upon the east half of lots fourteen (14) and seventeen (17), in Anderson, Madison county, Indiana, to secure the payment of $800 on the 25th day of December, 1862, which mortgage was duly recorded in said county on said day; “ that said defendant is now the owner in fee simple of said real estate,” and “that said mortgage was assigned to this plaintiff by…