Mutual Life Insurance Co. of New York v. Hilander

HILL, Judge.

This is an appeal from an order granting summary judgment in favor of appel-lees, who were defendants' below. The suit was filed by appellant, plaintiff below, to recover annual installments, which matured February 1, 1963, and February 1, 1964, under a note and mortgage dated March 1961 executed by William H. Hi-lander and his wife, Wilma Hilander, to appellant to secure a $64,000 loan payable in annual payments over a period of twenty-five years.

The Hilanders, being in default two annual installments, conveyed the mortgaged farm to Lexington Mall, Incorporated, on December 6,…