Mock v. Darby

Mobley, Justice.

The controversy here is over whether under the terms of a promissory note given for the purchase price of real property, secured by a deed to secure debt, payable in 120 monthly installments including interest, and with no provision authorizing payments in advance with interest to the date of payment only, the maker of the note is authorized by reason of destruction of the house upon the property, which was insured according to terms of the deed to secure debt, to pay the note off in advance of the due date with interest only to the date of payment. The prayers of the petition…