Cleveland Paper Co. v. Mauk

The opinion of the court was delivered by

Milton, J.:

This action was commenced on the 28th day of March, 1893, by the plaintiff in error, to foreclose a mortgage on land in Greenwood county, executed in 1881 by Frank Mauk and Kate Mauk, his wife, then residents of the state of Ohio, to secure the payment of $1200 in the form of an account for merchandise already sold and to be sold to Frank Mauk. On April 2, 1888, and before the defendants’ removal from Ohio to Greenwood county, Frank Mauk executed and delivered to the plaintiff the following instrument:

‘ ‘ Received of the Cleveland Paper…