Kemp

The action was one to foreclose a mortgage. The facts alleged in the complaint are these: Defendant borrowed of plaintiff bank five hundred dollars giving her note therefor and securing the same by mortgage on certain real estate described in the complaint. This mortgage, in addition to providing that the same should secure such note, further provided that it should secure necessary expenditures in relation to the care and preservation of the property, taxes paid other than those assessed upon the mortgage, and contained this further agreement: “And it is agreed this mortgage shall secure all other indebtedness that may hereafter during the continuance of this mortgage be due, owing or existing from said mortgagor to said mortgagee.” It was fur ther averred that through a mistake at the time the loan was consummated plaintiff credited defendant upon its books with five hundred dollars in excess of the amount which should have been properly placed to her credit on account of the loan; that defendant knowing that fact drew from plaintiff’s bank the full amount of said credit, plaintiff being at the time of the payment thereof in ignorance of the error; that thereafter defendant paid…