Indiana Supreme Court, 1848

McMullen v. Furnoss

McMullen v. Furnoss
Indiana Supreme Court · Decided May 15, 1848 · Blackford
1 Smith & H. 73

McMullen v. Furnoss

Opinion of the Court

Blackford, J.

— « As the statute enacts that the bill shall state “ whether any and what proceedings have been had at law for the recovery of the debt,” the omission of such statement in the present bill is fatal. R. S. p. 461.

If no proceedings had been had at law for the recovery of the mortgage-debt, the bill should have so stated; and if there had been any proceedings at law on the subject, the bill should have shown what they were.”

Decree reversed, &c.

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