Brichetto

This action was brought to foreclose a mortgage upon a certain tract of land of 963 acres, more or less, and executed by one F. A. Raney, to secure a promissory note made by him in favor of the plaintiffs for the sum of $45,000. The note and the mortgage were made and executed on the fourth day of September, 1920, the note to become due and payable five years from the date thereof. It provided for the payment of interest at the rate of six per cent per annum, said interest to be paid semi-annually, and if not paid as it became due, was to be added to the principal and become a part thereof and bear interest at the same rate. It was further provided in said note that if default be made in the payment of interest as provided therein, “then this note shall immediately become due and payable at the option of the holder thereof.”

The mortgage provided, among other things, that it “is also intended to secure, and does hereby secure, the payment of all liens, encumbrances, charges and the counsel fee herein mentioned, said counsel fee to become payable and be allowed if suit be commenced to foreclose this mortgage”; that the mortgagees, their heirs, successors, and assigns, may lawfully…