J. I. Case Threshing MacHine Co. v. Copren Bros.

At the former hearing of this case, the opinion was written by Judge John P. Ellison, sitting temporarily in this court. We now adopt it as correctly disposing of the questions raised by the appeal.

“Action to recover a judgment for money claimed to be due and unpaid upon three certain promissory notes. The complaint alleged that the notes were executed on July 5, 1912; that they were secured by a mortgage of even date on certain personal property; that the mortgage provided in the event of default in the payment of the notes the plaintiff could take possession of the mortgaged property and sell the same with or without notice, and after deducting the expense of the sale apply the balance on the notes secured by the mortgage; that the balance remaining unpaid on said notes after crediting the proceeds of such sale should at once become due and payable; that, acting under the terms and provisions of the mortgage, the plaintiff, upon default in the payment of the notes, and on June 22, 1914, took possession of and sold the mortgaged property for five hundred dollars and, after deducting twenty dollars expenses, credited $480 on the notes; that there had been paid on one note before…