Piel v. Brayer
Indiana Supreme Court
APPEAL from the Marion Civil Circuit Court. This was a suit by Piel, the appellant, against Brayer, Sehwier, and Brandt. The complaint, which was filed on the 23d of May, 1866, alleges, inter alia, that the plaintiff, on-the 25th of November, 1857, executed to the defendant Brayer a note for one thousand six hundred dollars, payable one year after date, with interest, and without .relief from valuation or appraisement laws.
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APPEAL from the Marion Civil Circuit Court. This was a suit by Piel, the appellant, against Brayer, Sehwier, and Brandt. The complaint, which was filed on the 23d of May, 1866, alleges, inter alia, that the plaintiff, on-the 25th of November, 1857, executed to the defendant Brayer a note for one thousand six hundred dollars, payable one year after date, with interest, and without .relief from valuation or appraisement laws. And, at the same time, the plaintiff executed to Brayer a mortgage on certain real estate, in which his wife joined, to secure the payment of said note at maturity; that…
1Opinion of the CourtElliott, J.
The only questions presented in the case for our determination arise from the action of the court below in overruling the demurrers to the answers, and in sustaining those to the replies.
Are the facts set up in tide answers sufficient to bar the aetiou? Two objections are urged by the appellant to the validity of the sheriff’s sale.
First, that the error in the description of the mortgaged *338premises in the decree of foreclosure is fatal to the sale made under it; and,
Second, that the real estate mortgaged consists of two separate and distinct tracts, or parcels, as is shown by the description…
2Cases cited8 opinions
- Tyler v. WilkersonIndiana Supreme Court · 1867
- Banks v. BalesIndiana Supreme Court · 1861
- Reed v. DivenIndiana Supreme Court · 1855
- Doe v. CollinsIndiana Supreme Court · 1848
- Sherry v. Nick of WoodsIndiana Supreme Court · 1850
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3Cited by18 opinions
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