Artisans Building & Loan Ass'n v. Campbell

Sei. fa. sur mortgage given to plaintiff association by D. J. Campbell, one of its members. Date of mortgage, July 15, 1916; debt, $5000. Payable in monthly instalments of $50, being $25 on account of dues, and the like amount for interest, beginning in August, same year. No payment was ever made. Mortgagor died at this city, the place of his domicile, April 24, 1920.

In the meantime, the plaintiff’s assets have been taken over by the Commissioner of Banking sec. leg., and at his instance foreclosure was begun by this writ March 24th, this year, to which defence was taken by affidavit. Instead…