Cummings v. Lowe

VARIAN, J. —

Respondent brought this action to foreclose two mortgages upon farm lands in Bonneville county. The cause was tried to the court without a jury and findings and decree were entered granting foreclosure of one mortgage and denying it as to the other. Defendant' appeals from the foreclosure decree in so far as it relates to the mortgage foreclosed. There is no cross-appeal from the decree denying foreclosure of the other mortgage. The principal facts necessary to an understanding of the issues presented and disposed of by this appeal are as follows:

Appellant, Sylvester Lowe, a…