Small v. Kennedy

This was an action by the appellee against the appellants, in the Morgan Circuit Court, to foreclose the mortgage set out in the complaint.

The complaint alleges, among other things, that the appellant Samuel Small executed the notes in suit on the 3d day of- November, 1888, and on the ■ same day executed the mortgage, the foreclosure of which is sought to secure their payment; that on the 3d day of December, 1888, he sold and conveyed to the appellants Thomas P. Mills and Anna Mills the real estate described in the mortgage, and that they, as part of the purchase-price of said land, assumed…