Creamer v. Aultman

WIGGINTON, Judge.

This appeal is from an amended final judgment foreclosing a mortgage. The major issue presented is whether appellee, as a joint owner of a mortgage, was entitled upon default to elect to accelerate his proportionate share of principal and accrued interest due on the mortgage without the other mortgage owner joining in the election. We hold that appellee was entitled to unilaterally accelerate, and affirm the final judgment.

The facts leading up to this novel issue began on April 5, 1978, with the purchase of certain property jointly owned by appel-lee Ellis Aultman and his…