Hosch v. Howe

HONORABLE LYMAN H. BENNETT, District Judge,

sitting in place of MR. JUSTICE GALEN, disqualified, delivered the opinion of the court.

This case is before us on an appeal from a decree foreclosing a mortgage given by defendants, appellants herein, to plaintiff, respondent herein.

The complaint sets out a copy of the mortgage which contains a provision that the maturity of the entire indebtedness shall be accelerated by nonpayment of interest, taxes or insurance, and alleges facts showing such acceleration. Defendants set up as a defense, facts upon which they rely as showing that the indebtedness…