Pospishil v. Jensen

— I. The court reformed the mortgage sued on by striking from it this clause:

“It is further expressly agreed that this mortgage shall stand as security for any other indebtedness the mortgagee may hold or acquire against the said mortgagor.”

Defendants made a payment of $1,120 on October 16, 1922, which, except for $75, plaintiff applied upon a note not secured by the mortgage as reformed, and which defendants alleged was to be applied upon the mortgage indebtedness. The court sustained defendants’ claim to have this payment so applied. These are the controverted matters.

Owing to denials of…