Bellows

This is an action for the foreclosure of a mortgage, in which defendant appeals from a judgment for plaintiff.

The amount of the original mortgage debt was $30,000. A part of the real property covered by the mortgage lay within the range of a contemplated public improvement and the public convenience required that the portion mentioned be taken for public use in connection with the improvement. The prospective condemnor, in an endeavor to avoid actual condemnation by means of an action, offered to ap pellant to purchase the land required at a certain sum. Thereupon appellant offered to pay to respondent the prin cipal of the mortgage debt with interest accrued to the time of the offer. This proposition was declined, the mortgage having yet nearly two years to run and respondent insisting upon his right to interest up to the maturity of the obligation, he finally offering, however, to accept the interest for ab'out half of that period. This proposal being in turn rejected, the public agency brought suit to condemn respondent’s mortgage interest in the part of the land required for the improvement. On the trial of that action it was determined that the land to be taken amounted to…