Blake

This is an appeal from a judgment of foreclosure of a mortgage, and is taken on the judgment-roll alone.

From the allegations of the complaint it appears that if any of the quarterly installments of interest falling due under the terms of the note set forth in the complaint should remain unpaid for thirty days, the principal should forthwith become due at the election of the holder of the note. It also appears from thfe complaint that a certain installment of interest was not p[aid when due, but that’ pleading does not allege that thirty days had elapsed since said interest became due, or that the plaintiff had elected to deem the whole note due and payable, and it is contended by the defendants on this appeal that for these reasons their demurrer to the complaint should have been sustained. The complaint, however, alleges that the principal with a certain amount of interest was due and unpaid; and by turning to the filing-mark on the complaint it is learned that in fact the complaint was filed more than.thirty days after the alleged default in the payment of the interest. This fact is also' shown by admissions in the defendants’ answer.

As to the omission [of the plaintiff to…