White v. Knox

MASON, V. C. J.

In this action, which was to foreclose a mortgage, the plaintiffs in their first cause of action declared on a promissory note for $4,000. executed by the defendant, Lucy White, and on a real estate mortgage given to secure the same, and alleged that by the terms of the mortgage, the defendant was in default because of the nonpayment of taxes, and that the plaintiffs ■were entitled to foreclosure of the same. It was not alleged that any part of the principal or interest was due and unpaid.

In the second cause of action, the plaintiffs alleged that the defendant was indebted to…