Indiana Supreme Court November 15, 1881, No. 7554 (Eigenman v. Rockport Building & Loan Ass'n)

Morris, C.

— This suit is brought by the appellee upon a •contract made by it with the appellant. It is alleged, in the ■original complaint, that on the 29th day of December, 1876, the appellee was the owner of two mortgages executed to it by Lewis Gunsler, one of its members, on certain real estate; that the appellant held a junior mortgage on the same land; that he purchased of the appellee its