Marley v. National Building, Loan & Savings Ass'n No. 2
Indiana Court of Appeals
From Grant Circuit Court; J. L. Custer, Judge. 'Suit by Charlotte Marley and others against the National Building, Loan and Savings Association No. 2 to cancel a bond and mortgage. From a judgment for defendant, plaintiffs appeal. •
1Opinion of the CourtRobinson, P. J.
Appellants’ complaint in two paragraphs seeks the cancelation of a bond and mortgage. A demurrer ivas sustained to each paragraph, and these rulinga are assigned as error.
*370In a suit to cancel a bond and mortgage it is not necessary to make them part of the complaint or file them as exhibits. Johnson v. Moore, 112 Ind. 91. And where an exhibit is not a part of a pleading, it can not be considered in aid of it. Plunkett v. Black, 117 Ind. 14; Hight v. Taylor, 97 Ind. 392; Blade v. Richards, 95 Ind. 184. Nor do we know of any authority permitting such an exhibit to be considered to overthrow the…
2Cases cited16 opinions
- Kirkpatrick v. ReevesIndiana Supreme Court · 1889
- Smith v. McClainIndiana Supreme Court · 1896
- Oiler v. GardIndiana Supreme Court · 1864
- Ice v. BallIndiana Supreme Court · 1885
- Lewark v. CarterIndiana Supreme Court · 1889
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3Cited by3 opinions
- Southern Railway Co. v. City of HuntingburghIndiana Court of Appeals · 1924
- Wabash Railroad v. ReynoldsIndiana Court of Appeals · 1908
- Beatty-Nickle Oil Co. v. SmethersIndiana Court of Appeals · 1911