Durr v. Dorsey

SAMUEL, Judge.

On January 15, 1962 plaintiff, as holder and owner of defendant’s $20,700.00 mortgage note, filed this suit for executory process alleging that more than three $200.-00 monthly payments on the note were delinquent, and had an order for such process signed. The act of mortgage stipulated that in the event of non-payment of any two installments promptly upon the date due the note would become due and exigible in full at the option of the holder.

*485On June 29, 1962 a supplemental petition was filed alleging the note was then more than four installments delinquent, the defendant had…