Armstrong v. Short

The controlling questions are presented by the assignment of error in overruling appellant’s motion for a new trial. The material facts as shown by the evidence are as follows: In 1877, appellee John Short, and his wife, executed to appellant a mortgage upon five different tracts of land, to secure the payment of a note of $1,700, to become due on the 15th day of October, 1880. The interest not having been paid, the mortgage was foreclosed in March, 1880. It was found that $360 was then due, and that the amount of the note, $1,700, would become due at the time fixed in the note, •viz.:…