Alropa Corp. v. McNamee

Plaintiff in error filed suit in the Circuit Court in and for Okeechobee County and based his cause of 'action on a covenant contained in a mortgage as follows: “To pay all and singular the principal and interest and other sums of money payable by virtue of the said promissory notes and this deed, or either, promptly on the days respectively the same severally become due.”

He attached to his declaration and made a part thereof copies of the notes which the mortgage was given to secure. The notes were dated March 12, 1925, were three (3) in number, were for $200.00 each and were due,…