Legal Opinion

Wiley v. Commonwealth Loan & Savings Ass'n

Indiana Court of Appeals

Decided January 27, 1909No. 6,337PublishedCited by 3 opinions

From Clinton Circuit Court; Joseph Glaybaugh, Judge. Cross-complaint by the Commonwealth Loan & Savings Association of Indiana against William II. AAUley. From a decree for cross-complainant, defendant appeals.

1Opinion of the CourtHadley, J.

This was a suit brought by appellant against appellee to cancel a mortgage given by appellant’s grantor to appellee. The complaint is in two paragraphs, the first of which avers that by the terms of the ivritten contract between the parties the debt had been fully paid, and the mortgage should be released. The second paragraph avers the terms of the written contract, and also avers that the appellee fraudulently and falsety construed said contract at the time of the making of the loan, and thereby induced the mortgagor to enter into the same; that under the contract, as so falsely construed,…

2Cases cited4 opinions

  1. Wayne International Building & Loan Ass'n v. SkeltonIndiana Court of Appeals · 1901
  2. Miller v. Wayne International Building & Loan Ass'nIndiana Court of Appeals · 1904
  3. Wayne International Building & Loan Ass'n v. GilmoreIndiana Court of Appeals · 1904
  4. Guaranty Saying & Loan Ass'n v. SimkoIndiana Court of Appeals · 1905

3Cited by3 opinions

  1. American Building & Loan Ass'n v. FowlerIndiana Court of Appeals · 1909
  2. Federal Savings & Loan Ass'n v. BaxterSupreme Court of Oklahoma · 1939
  3. American Building & Loan Ass'n v. HughesIndiana Court of Appeals · 1910

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