Stockman's Bank v. Lytle

A real estate mortgage securing a note having ‘been declared due by the mortgagee by virtue of an acceleration clause, the mortgage was foreclosed by advertisement, and judgment by default ‘was taken by 'plaintiffs for a deficiency on the note. Defendants appeal alleging as error that the note, by its terms, was not due when the action was commenced or when the judgment was taken, and that the acceleration clause in the mortgage did not affect the maturity of the note for the purpose of a personal judgment. They cite Birken v. Hickey, 42 S. D. 472, 176 N. W. 137, in support of their…