Krukow
Krukow v. Silvius
Opinion
Lead Opinion
Plummer, J.
The plaintiffs had judgment against the defendant F. D. Silvius for the foreclosure of a certain mortgage mentioned in the pleadings, and also to recover the amount alleged to be due upon a certain promissory note for the security of which the mortgage just referred to' was executed and delivered. From this judgment the defendant F. D. Silvius appeals.
Upon this appeal four propositions are urged as reasons for reversal: 1. That the finding of the trial court that the note for which the mortgage was given was unpaid, was not supported by the testimony; 2. That the court erred in admitting the note and mortgage sued upon, in evidence; 3. That the court erred in admitting two letters in evidence; 4. That the trial court erred in permitting the substitution of parties-plaintiff.
As to the first specification the finding of the court is: That nothing has been paid upon the principal of said note, and that the principal sum thereof, $1800.00, is now wholly due and unpaid. That nothing has been paid upon the interest upon said promissory note since the 14th day of May, 1925, and that said interest is now wholly due and unpaid. That the amount due at the time of making the finding…