Rasmussen v. Levin
Supreme Court of Colorado
Error to the County Court of Elbert County. Action by defendant in error, as plaintiff, against plaintiffs in error, as defendants, to foreclose two mortgages and a quitclaim deed executed by the latter on real estate belonging to them, for the purpose of securing their promissory note. From a judgment and decree in favor of plaintiff, they bring the case here for review on error.
1Opinion of the CourtJustice Gabbert
The complaint was filed February 23, 1899. The note which the mortgages and quit-claim deed were given to secure, was not due, according to its own terms, until September following. Plaintiff relied for his right to maintain this action upon certain provisions in the mortgages which permitted him to declare the note due at his option. These provisions were as follows:
“ * * * If default be made in the payment * * * of taxes * * * then in such ease the whole of said principal and interest * * * secured by said note in this mortgage mentioned shall thereupon, at the option of said party of the…
2Cases cited6 opinions
- Pence v. LangdonSupreme Court of the United States · 1879
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
- White v. MillerSupreme Court of Minnesota · 1893
- Palmer v. SawyerMassachusetts Supreme Judicial Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Griffin v. JonesSupreme Court of Oklahoma · 1914
- Baird v. MeyerNorth Dakota Supreme Court · 1927
- Commercial Standard Insurance v. RemayIdaho Supreme Court · 1937
- Parker v. McGintySupreme Court of Colorado · 1925
- Durham v. RascoNew Mexico Supreme Court · 1924
8 more not listed; retrieve them via the Exa API.