Collins v. Thompson

On the Merits.

The bill in this cause was amended three times and each time the court sustained demurrers to all the aspects of the bill except that aspect seeking to quiet title.

The complainants were mortgagors and the respondents mortgagees. The mortgage secured an indebtedness of $2,138, which was payable in fifty-three consecutive monthly payments of $40 each and a final payment of $18 commencing on January 1, 1949. The mortgage contained the usual acceleration clause applicable upon default and a power of sale.

The effect of the decree was to sustain demurrers to the following aspects of…