Davis v. Davis

Otis, Justice.

The issue raised by this appeal is whether an acceleration clause in a mortgage requires the mortgagor to tender the entire principal' balance in order to reinstate the mortgage under Minn. St. 580.30. The trial court held such tender necessary and we reverse.

The parties have stipulated to the facts. Two mortgages are involved, in both of which plaintiffs, Emery Davis and Clarice Davis, are mortgagors. In the mortgage executed in 1958, Burton F. Davis, now deceased and succeeded by Melba E. Davis, executrix, was mortgagee. In the mortgage executed in 1967, Loren L. Davis, now…