Webber

Action to foreclose a mortgage to secure payment of a promissory note, of which the following is a copy:

The mortgage, bearing the same date as the note, contained the following provision: “And in case default be made in the payment of said note, or any installment thereof, or of any interest thereon, then the mortgagee may, at their option, and without notice to the mortgagor, at once proceed to foreclose this mortgage.”

This action was commenced August 26, 1893, without previous notice to defendant of any exercise of plaintiff’s option mentioned in the note or in the mortgage.

It was alleged in the complaint, among other things, that no part of said note has been paid, either principal or interest, and the whole thereof, amounting to- *540 three thousand five hundred and eighteen dollars and forty-four cents, is due, owing, and unpaid.

The defendant’s demurrer to the complaint, on the ground that it does not state a cause of action, was overruled.

Thereupon, the defendant answered, denying that the debt evidenced by the note was due at the time of the commencement of the action, and denying that no part thereof had been paid, and alleging certain payments of interest and…