Fegers Et Vir. v. Pompano Farms, Inc.

—In this case bill of complaint was filed to foreclose mortgage. The right to foreclose was based upon a stipulation in the mortgage that if default occurred in the payment of interest for a period of ten days the mortgagee, its successors or assigns, should have the option to declare the entire amount of principal and interest unpaid due and payable. In this respect this case is like that of Clay vs. Girdner, in which opinion was filed in this Court on October 16, 1931.

There is no allegation in the bill of complaint that the complainant had given any notice, prior to the institution of suit,…