Borton v. Baxter ex rel. English
Indiana Supreme Court
ERROR to the Switzerland Circuit Court.
1Opinion of the CourtDewey, J.
— Baxter, suing for the use of English, brought a bill in equity, the object of which was the foreclosure of a mortgage, given to secure the payment of two promissory notes. The mortgage was executed by Lewis and wife, and the notes by Lewis. The defendants to the bill were the mortgagors and Burton, the latter claiming the mortgaged premises by a conveyance from Lewis, alleged to be of a date prior to that of the mortgage. - The bill alleges that the complainant, the mortgagee and payee of the notes, sold them to English, for whose use, and at whose request, the suit was commenced. On final…
2Cases cited3 opinions
- Clearwater v. RoseIndiana Supreme Court · 1821
- Slaughter v. FoustIndiana Supreme Court · 1837
- Park ex rel. Dutton v. BallentineIndiana Supreme Court · 1842
3Cited by3 opinions
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Dougherty v. RandallMichigan Supreme Court · 1855
- McConnell v. American National BankIndiana Court of Appeals · 1914