Aldinger v. Close

Hoi/r, J.

The sole question presented by the appeal is the validity of a mortgage foreclosure by advertisement where, before the publication of the notice of sale, an action was pending in another state to recover upon the notes secured by the mortgage, which action was dismissed two weeks before the date of sale.

Section 8107, O. S. 1913, provides: “Every mortgage of real estate heretofore or hereafter executed, containing a power of sale, upon default being made in any condition thereof, may be foreclosed by advertisement within fifteen years after the maturing of said mortgage or the debt…