Dunham v. W. Steele Packing & Provision Co.

The defendant the W. Steele Packing & Provision Company, being indebted in large amounts, and in fact insolvent, on August 28, 1889, executed to the complainant, as trustee, a mortgage upon certain real estate, and this bill is filed to foreclose said mortgage.

The clause of the mortgage over which the principal contention arises is as follows:

“ Provided always, and these presents are upon this express condition, that if the said party of the first part shall and do well and truly pay, or cause to be paid, to the said party of the second part:

“First, Notes of said first party, indorsed by said…