Humphrey v. Fair

— Complaint by the appellee against the appellant, alleging in substance, among other things, that on or about the 21st of March, 1867, the plaintiff, Fair, executed and delivered to the defendant, Humphrey, a mortgage on certain real estate situate in Cass county, Indiana, particularly described, to secure the payment of three promissory notes of $500 each, executed by the plaintiff to the defendant; that when the first note became due the plaintiff was unable to pay it, and it was then agreed between the plaintiff and the defendant that the plaintiff should convey to the defendant his…