Gribble

This is an action to foreclose a mortgage. A decree in favor of the plaintiffs was entered upon the pleadings, from which Lee Stanley, the assignee in insolvency of the Columbus Brewing Company (a corporation), defendant, appeals.

The admitted facts of the amended and supplemental complaint, coupled with certain affirmative allegations of the answer, show that the property described in the pleadings and known as the Columbus Brewery, with the machinery, trade fixtures, tools, etc., was formerly owned by Chris. Wahl and wife, who, on the twenty-seventh day of October, 1890, conveyed the same to the defendant, the Columbus Brewing Company, subject to a debt of sixteen thousand dollars, secured by a mortgage upon the real property and a chattel mortgage upon the personalty, held by the Germania Building and Loan Association, and evidenced by a promissory note drawing interest at ten and one-half per cent per annum. This mortgage contained a provision that for a failure to pay any installment on said note when due, or any interest thereon when due, a foreclosure might be had for the whole at the option of the mortgagee, and for counsel fees on foreclosure. On the ninth day of March,…