Worley v. . Worley

Appellant’s principal assignment of error relates to tbe court’s instruction to tbe jury tbat at tbe time of tbe advertisement there bad been no default in tbe payment of tbe notes secured by defendant’s mortgage.

It was admitted tbat on 21 May, 1935, plaintiffs for value executed and delivered to defendant four notes, eacb in tbe sum of $60.00, due respectively 1st days of November, 1936 to 1939, inclusive, and at tbe same time to secure said notes executed a mortgage on described land. It was provided in tbe mortgage tbat “if default be made in tbe payment of said bonds or tbe interest on…