Heller v. Neeves

The following opinion was filed June 19, 1896:

WiNslow, J.

This is an appeal from a judgment of mortgage foreclosure. There was no principal or interest due when the action was commenced, and the only default then existing was that the taxes upon the premises for two years had been allowed to remain unpaid, contrary to the covenants of the mortgage. The mortgagee had not paid these taxes, but they had been paid by a prior mortgagee. The *638only question presented is whether the mortgage can be foreclosed simply for default in the payment of the taxes. The mortgage contains a covenant by the…