Benoit v. Schneider

When this case was here before (39 Ind. 591), the appeal was dismissed for want of proper parties. The heirs at law of Bishop Luers, and also his successor in the office of bishop, are now made parties.

As will be seen by reference to the report of the case when here before, the action was to foreclose a mortgage executed by Bishop Luers to the appellee’s intestate, Bernard Joseph Force. The defendant answered:

1. A general denial.

2. Payment.

*143. Set-off, setting out the facts particularly.

4. Set-off in a more general form.

A demurrer to the third paragraph, alleging that it did not state facts…