Kleinsorge v. Kleinsorge

CHIPMAN, C.

Action to foreclose a mortgage. Defendant Albert F. Kleinsorge made default. Plaintiff had judgment against both defendants, from which and from the order denying her motion for a new trial defendant Mamie L. Kleinsorge appeals.

The note and mortgage were executed by both defendants, who are husband and wife. The note was dated August 1, 1896, and was drawn payable one year after date, with interest payable monthly. The note contained the provision, that if the interest was not paid as stipulated in the note, “ the whole note may, at the option of the holder, without notice to the…