American Savings & Loan Association v. Blomquist

CALLISTER, Justice:

Plaintiff commenced this action to foreclose a real estate mortgage on the residence of defendants. On the day of trial, the court determined that there was no issue of fact to be submitted to the jury and ren dered a judgment of foreclosure to plaintiff. The appellants-defendants seek an order providing that respondent improperly accelerated the mortgage debt on January 8, 1965, or in the alternative a remand of this case for a jury trial.

The note executed by the appellants and secured by a real estate mortgage on their residence provided that the monthly installments were…