PARKE COUNTY COURTHOUSE

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 Indiana            Parke Circuit Court

Parke County                June Term 1874

 

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 Indiana           Parke Circuit Court

Parke County                June Term 1874

 

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 Parke County Ind to wit - commencing sixty feet East of the South East corner of block no 5 in the town plat of the Town of Annapolis. Running thence east 240 feet, thence south 80 feet, thence west 240 feet, thence south 60 feet to the place of beginning.  and gave him title bond for the same, agreeing to convey said property to said Gwinnup upon the judgement of the payment of the purchase money, that the Real Estate so sold is the same real estate upon which the buildings are situate that are described in the Ptffs complaint and upon which he pretends to hold a mortgage, that said Gwinnup erected said buildings upon said land without any agreement or understanding that he was to have the right to remove or encumber the same.  that he has wholly failed to pay said purchase money according to the terms of said contract and has forfeited all his right under the law, and his right to the buildings thereon.  Wherefore the said Wilshire Coffin prays that in order to protect his interest in the premises and to avoid a multiplicity of debts he be admitted a party defendant to settle his interest therein.

                                                                        Rice and Johnston

                                                                                    for Coffin

 

State of Indiana                       Parke Circuit Court

Parke County                            June Term 1874

 

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