Daniels v. Mutual Benefit Life Insurance

Oldham, O.

This is a proceeding in error to reverse the judgment of the district court for Douglas county in entering a deficiency judgment against plaintiffs in error, who were defendants in the court below, in a proceeding to foreclose a real estate mortgage. The mortgage was made and executed September 1, 1890, to secure an indebtedness maturing within' five years. When the principal debt matured it was extended by a written agreement for a further period of five years, or until September 1, 1900.

Two questions are presented: First, that as the time of the payment of the indebtedness under…