Szelewa v. Windeler

Backes, V. C.

This bill is to foreclose a matured mortgage in which the pleader unnecessarily set up that taxes remained unpaid for sixty days in breach of a covenant in the mortgage which, at the mortgagee’s selection, also matured the mortgage. The owner defendant answers that the complainants extended the time of payment of the principal and taxes, which time had not expired when the bill was filed. Issue was joined. The defendant also, by counter-claim, sets up the extension agreement and prays for specific performance. Issue was joined. A counter-claim was unnecessary. By leave of court,…