Lanman v. Crooker

<p>Deed. — Mortgage—Description.—Evidence.—Beal Estate, Action to Beamier.— A. executed a mortgage to B. upon a certain parcel of land therein described as “ The west half of the northeast quarter of section nineteen, township thirty-seven north, of range five east, except twenty acres from the northeast corner of said above described tract of land, formerly deeded to Wm. Davis and Emeline Ann Davis,” in Elkhart county, and, •upon a decree of foreclosure, purchased the same and took possession of the north sixty acres of the west half of said quarter section. After-wards twenty acres out of the northeast corner of said tract was, by successive deeds, conveyed from A. to C., and in an action by him against B. to recover possession of said twenty acres, the mortgage made by A. to B., a deed from A. to Amelia Davis for twenty acres off the south end of the west half of said quarter section, and parol testimony to show that no other portion of said land had been conveyed, were admissible in evidence for the purpose of showing that the twenty acres excepted from said mortgage was not in the northeast corner of said land, but was off the south end.</p>