Callaway

Plaintiff instituted five separate actions to foreclose five different mortgages on real property executed by defendant to secure payment of a like number of promissory notes each of which was for the principal sum of $2,250. On plaintiff’s motion the five suits were consolidated for trial purposes and at the conclusion of the trial a single decree was rendered ordering the sale of the various parcels for the purpose of satisfying the indebtedness found to be due from defendant to plaintiff on the aforesaid notes. On this appeal from the judgment thus rendered, defendant presents three contentions which will herein receive consideration.

Appellant’s first contention is that the court’s finding that each of the notes had become due by reason of nonpayment of interest was not supported by the evidence produced at the trial and that the court’s conclusion of law that, at the time the actions were commenced, appellant was in default by reason of his failure to pay the last installment of interest was therefore erroneous. The record shows that each note provided for quarterly payment of interest and further provided that, if the interest were not paid when due, the whole sum of…