Bowlby v. Kline
Indiana Court of Appeals
From Shelby Circuit Court; F. E. Gavin, Special J udge. Action by Andrew C. Bowlby against Mary E. Kline •and others to foreclose a mortgage assigned to him by a building and loan association. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtRoby, J.
The legislatureby an act which became effective July 1, 1897, provided, among other things, that “The bonds, notes or mortgages belonging to any association shall not be negotiable except upon an order of the circuit court or the judge thereof, in vacation, of the county in which the principal office of said association is situated.” §4463e Burns 1901.
The first paragraph of complaint is founded upon a note and mortgage executed October 16, 1894, by John Kline, to the Mutual Loan & Savings Company of Shelbyville, Ind., in the form usual to building and loan contracts. An as-signment thereof…
2Cases cited25 opinions
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- Walker v. WhiteheadSupreme Court of the United States · 1873
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