Hiller v. Matheny

The defendant in error obtained a decree foreclosing a trust deed and a mortgage given by William H. Buer. The administrator of Buer’s estate seeks a reversal of the decree.

On January 29, 1923, William H. Buer executed and delivered to the plaintiff a promissory note for $3,500, payable one year after date, with interest at the rate of 8 per cent per annum from its date until due. The note contained the provision that if the note is not paid promptly at maturity, the unpaid principal and interest shall bear interest at the rate of 12 per cent per annum from maturity until paid; and also…