Bennett v. Taylor
Cases that cite this one
1 later published case cites this decision.
- Hawes v. Rhoads (Ind. 1870)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Heydenfeldt, J., concurred.
The Court below erred in permitting the plaintiff to introduce the mortgage in evidence, without first producing or accounting for the note.
The mortgage was a mere incident to the debt; and in order to maintain the action, which was founded on the plaintiff’s possession and the mortgage, the debt should have been proved.
In other respects, the rulings of the Court were correct, and the case properly tried.
Judgment reversed and new trial ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.