Yndart

This is an appeal from the final judgment given in favor of the plaintiff upon foreclosure of certain four mortgages of real estate. The appeal is taken on the ground, as claimed in appellants’ brief, that the clause in each of the notes, secured by the mortgages respectively, relating to interest was illegal and void, in attempting to give a penalty for nonpayment of interest; and that the decree is excessive, and for an amount beyond what the plaintiff was rightly entitled to recover.

One of the notes bears interest at ten per cent per annum, and three bear interest at eleven per cent per annum, payable in each case semi-annually. In each of said notes the following provision is found: “If any installment of interest be not paid when due, the amount of such installment shall bear interest at 20 per cent per annum from the time the same was due until paid; or at the option of the holder of this note, in default of payment of interest at the times herein provided, the whole sum, principal and interest, shall be due and payable.”

Demurrer to the complaint was interposed and overruled, but defendants failed to answer, and their default was entered. Ho point is urged on the…