Gould v. Wheeler

The Chancellor.

The interest has been paid on the mortgage up to the 1st of April, 1875. The bill was filed on the 13th of February, 1877. There were, therefore, then due -on the mortgage $84, which had been due for more than thirty days, and the complainant declared her election that the principal, of which $800 were unpaid, should become due. According to the terms of the mortgage, the unpaid principal thereupon became due. The complainant would be entitled to a decree of foreclosure and sale, but for the fact that it appears by her bill that there is a subsequent encumbrancer, a mortgagee,…