Tilden v. Century Realty Co.

This action was brought to secure the foreclosure of a mortgage securing a note for $11,000. In a special defense the defendant The Century Realty Company alleged that the amount actually loaned was $10,000, but that a bonus of $1000 was added upon the plaintiff’s agreement that he would not demand payment for a period of at least five years. The allegations of the special defense were incorporated in a cross-complaint wherein the defendant claimed, among other things, a reformation of the note and mortgage and a decree that they be declared null and void because the amount of the loan was…