Higham v. Harris
Indiana Supreme Court
Erom the Switzerland Circuit Court.
1Opinion of the CourtMitchell, J.
In 1863 John Higham and William G. 3£rutz executed a mortgage to the executor of the estate of JSricholas Longworth, deceased, on a tract of land in Switzerland county, containing about 900 acres. The mortgage was to secure a debt—part of the purchase-price of the land—of $30,000, evidenced by six promissory notes of $5,000 each.
This was a proceeding by the executor to foreclose the mortgage.
Hosier J. Harris and Stephen H. Scranton were made parties defendants, they having acquired Krutz’s interest in the lands mortgaged.
As between the Longworth estate and the defendants, it was found without…
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