Upton v. O'Donahue

This is an action to foreclose a mortgage. It is alleged in the petition, in substance, that on the 1st day of May, 1888, the defendant executed a mortgage upon certain real estate, therein described, to the plaintiff to secure the sum of $1,300 with interest at six per cent, payable semi-annually, and the note to be due and payable in five years from the date thereof. There is also a provision that in case of default in the payments, then the plaintiff shall receive ten per cent not only on the whole sum but also *566on the payments in default, and that he had an option h> declare the whole sum…