Indiana Supreme Court November 15, 1867 (Charlton v. Tardy)

Ray, J.

— This action was brought to foreclose a mortgage given to secure certain notes.

The answer of the appellant Charlton admits the execution of the notes and mortgage, and that the first note described in the complaint had become due, but alleges that after the same was so due and payable, to-wit, on the 8d day of November, 1866, he paid the said plaintiff the sum of $30, in consideration