King City Building & Loan Ass'n v. Green

Mr. Presiding Justice Barry

delivered the opinion of the court.

Plaintiff in error gave defendant in error a mortgage on certain real estate to secure a loan. The mortgage contained a provision by which plaintiff in error authorized any attorney at law to waive the issue, service and return of process and to enter his appearance in any suit brought to foreclose the mortgage, to waive the right of appeal, and to waive and release errors in such proceeding. Defendant in error filed its bill to foreclose the mortgage during the July Term, 1929, of the circuit court and on the day the bill was…