Union Central Life Insurance v. Irrigation Loan & Trust Co.

The opinion of the court was delivered by

Hutchison, J.:

This is a second action to foreclose a mortgage on real estate where the same parties were involved as in the first case except the holder of title to the land in question, the Irrigation Loan and Trust Company, which was not made a party defendant in the first action.

There were thirteen notes maturing at different times, executed by Mr. Chamberlain and wife in 1920, at which time the mortgage was given to secure them. The mortgage contained an accelerating clause. The Chamberlains conveyed the property to one Frank Brasier, who assumed…