Colton
Colton v. Anderson
Opinion
Lead Opinion
Conrey, J.
This is an action for the foreclosure of a mortgage. The mortgage was given to secure the payment of two notes which were dated February 13, 1912. The first note was for seventeen thousand dollars payable on or before three years after date: “with interest from November 1, 1911, until paid, at the rate of seven per cent per annum, payable semi-annually; should the interest not be so paid, it shall become a part of the principal and thereafter bear like interest as the principal. Should default be made in the payment of any installment of interest when due, then the whole sum of principal and interest shall become immediately due and payable at the option of the holder of this note.” The other note was for five hundred dollars, due in six months from date, with interest from November 1, 1911, payable at maturity. . No interest having been paid, the plaintiff on June 24, 1912, declared the whole sum of principal and interest of the first note to be then due and payable, and filed this action for foreclosure of the mortgage. By supplemental complaint filed August 21, 1912, the action was made to include the second note. Judgment by default was entered against the defendants Anderson,…