Archibald

This is an appeal from a judgment of foreclosure of a mortgage. The appeal is based upon the alleged insufficiency of the evidence to support the findings and judgment. The record is presented upon a bill of exceptions which does not contain all of the material evidence.

September 27, 1926, the appellant, Western Mines Consolidated, Inc., a corporation, executed and delivered to the Banner Consolidated Mines, Inc., its promissory note for the sum of fifty-five thousand dollars, together with a mortgage upon certain real property to secure payment of the same. The mortgage provided that upon default in any installment of the note the entire sum should become due at the option of the holder thereof. The mortgage was duly recorded. The first installment originally became due March 1, 1927. No part of the principal or interest was paid. October 1, 1927, the note and mortgage were assigned to plaintiffs. Suit for foreclosure of the mortgage was commenced November 1, 1927. The complaint alleged the execution, delivery and assignment of the note and mortgage together with the ownership thereof by plaintiffs and the nonpayment of both principal and interest. The answer controverted the…