Vilhac v. Biven

By the Court,

Currey, J.

This action was brought to recover the amount due on a promissory note and to foreclose a mortgage of certain real property executed by the .defendants to secure the payment of the note. The note, a copy of which is set forth in the complaint, bears date the 5th of October, 1863, and is made payable six months after date, with interest at one and a half per cent per month, in current gold coin of the United States. The mortgage was executed on the day of the date of the note and was duly recorded on that day. The action was commenced on the 18th of July, 1864. On the…