PARKE
CIRCUIT COURT
PAPERS
GEORGE WILKINS
- 1874
Parke Circuit
Court June Term 1874
George Wilkins
Vs
Phillip B
Gwinnup
Sarah A Gwinnup
Plaintiff complains of defendants
and says that on the 23rd day May 1873 defendant Phillip B Gwinnup by his
promissory which is filed herewith and made a part hereof promised to pay
plaintiff on or before the 1st day of April 1874 $284.37 without relief from
valuation and appraisement laws with ten per cent interest from date; that at
the time of the execution of said note and to secure the same, defendants
executed their mortgage which filed herewith and made part hereof mortgaging
and warranting certain property therein described to plaintiff; that said notes
and interest thereon remains due and wholly unpaid and plaintiff asks Judgement
for four hundred dollars, and a decree of said court for the sale of said
property to satisfy said claim and that the residue if any be made from any
other property of defendants subject to execution and for all? proper relief
A
White
Attorney
for plaintiff
State of
George Wilkins
Vs
Phillip B
Gwinnup
Sarah Gwinnup
Wilshire Coffin
Comes now the
defendant Wilshire Coffin by Rice and Johnston his attorney and for separate
answer to plaintiff complaint says that he admits the execution of the note and
mortgage. Said on that the same was executed by his co defendants, but
says that at the time of the execution of said mortgage ,
as on the buildings therein described that he was and still is the owner in fee
simple of the real estate upon which they are situate as in said mortgage
described. That the
defendant Phillip B Gwinnup took possession of the same under a contract of
purchase from this defendant, the deft executing him a title bond agreeing to
convey the same. Upon the payment
of purchase money to wit $200.47 and that during his possession as aforesaid
the defendant - Gwinnup erected said buildings upon said real estate. And the defendant further says that said Deft
Gwinnup so erected said building without any contract understanding or
agreement - that he was to have the right to remove or encumber same in any way
and that the said purchase money is due and wholly unpaid and that said Gwinnup
has forfeited all his rights under said contract of purchase. Wherefore the Defendant prays judgement that
said mortgage be declared void and that the ptff be enjoined from foreclosing
the same or claiming any interest in said property by virtue thereof and for
all other proper relief.
via Johnso
State of
George Wilkins
Vs
Phillip B
Gwinnup
Sarah A Gwinnup
& Wilsh
Comes now Wilshire Coffin and says
that on the day of 187 he contracted
to the defendant Phillip B Gwinnup the following Real Estate in
Rice
and Johnston
for Coffin
State of
George Wilkins
Vs
Phillip B
Gwinnup
Sarah Gwinnup
Comes
now the defendants Phillip and Sarah Gwinnup by Rice and Johnston their
Attorneys and for answer to Plaintiffs complaint - say they deny each and every
allegation therein contained wherefore they prey judgement
Rice
and Johnston for Defts,
And for a second and further answer
to said complaint said defendants for ? say, that they
admit the execution of the note and mortgage sued on, but say that at the time
of the execution of said mortgage the buildings therein described were situated
and located of the real estate therein described, that the defendant Phillip B
Gwinnup then held said real estate by virtue of purchase and title bond from
one Wilshire Coffin and that the purchase money was and still is wholly unpaid
and that the defendants had no right to remove said buildings from said land
unless by the consent of said Coffin.
All of these facts were well known to the ptff at the time of the
execution of said mortgage. Wherefore
the Defts say that the Ptff has no right to the foreclosure of his said
mortgage. Wherefore they pray judgement .
Shared by Gary Wilkins