Wakefield
Wakefield v. Bouton
Opinion
lead Opinion
McKinstry, J.
The complaint is for the foreclosure of a mortgage given to secure promissory notes, described as follows :
The complaint alleges, that .on the 1st day of July, 1876, said defendant paid said plaintiff the sum of $2,544.20 in gold coin of the United States, and the same was then and there, by mutual agreement of plaintiff and defendant, applied on the last described note, which was then and there surrendered to said defendant Bouton, and in lieu thereof, and for the balance due thereon, said defendant made, executed, and delivered to said plaintiff his certain promissory note for the sum of $1,000, gold coin of the United States, payable to said plaintiff, or order, in two months from the said 1st day of July, 1876, with interest thereon in like gold coin at the rate of one and a half per cent, per month until paid; which note, it was then and there agreed, should be deemed secured by said mortgage.
The plaintiff is still the owner and holder of said first and last described notes, and of said mortgage.
That the whole of the principal sums mentioned in said first and said last described notes is unpaid, and no portion of the interest on either of said notes has been paid, and…