Perdue v. Aldridge

Decided November 15, 1862

Indiana Supreme Court · decided 1862-11-15

A mortgage is a valid security between a mortgagor and mortgagee, without acknowledgement or record, except that, to bind a femme covert, it must be acknowledged by her. In a complaint for foreclosure, by the mortgagee against the mortgagor alone, it is not necessary to aver that the mortgagor has not sold the land, or that the mortgage has been acknowledged or recorded. Variances between instruments sued on, and those offered in evidence, where the defendant will not be prejudiced thereby, may be amended on the trial.

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Decided 1862-11-15

How this case has been cited

Cited by 6 later decisions — most recently July 1994

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1A mortgage is a valid security between the mortgagor and mortgagee, without acknowledgment or record. Neither of these acts is necessarily a part of a mortgage, except as to a femme covert. 1 G. & H., p. 257, notes. She must acknowledge.

¶2Where the suit to foreclose is by the mortgagee against the mortgagor alone, it is not necessary to aver in the complaint that the mortgagor has not conveyed away the land, or that the mortgage has been acknowledged or recorded.

¶3Variances between instruments sued on and those offered in evidence, where the defendant will not be prejudiced thereby, may ,be amended on the trial. 2 G. & H., pp. 104, 114, and notes.

¶4The judgment is affirmed, with five per cent, damages and costs.