Frenzer v. Phillips

Ryan, O.

This action for the foreclosure of a real estate mortgage was begun in the district court of Douglas county, May 4, 1895. The note secured by the mortgage was by its terms due December 1, 1896. The option, and the exercise of the option to foreclose, were asserted by averments of the petition that these rights were, given plaintiff by the instruments sued on, and were available by reason of defendant’s defanils in paying interest and taxes. There were two defenses, of which one was'that the mortgage, not being due by its terms, was not subject to foreclosure, because the mortgagee had…