Matthews v. Guenther

Opinion on motion for rehearing and on the merits of an ■action to foreclose a second real estate mortgage of date May 28, 1925, executed and delivered by the defendants to plaintiff and plaintiff’s assignee to secure payment of the sum of $18,250, evidenced by a promissory note of even date, due June 1, 1935, “with interest at the rate of ten per cent, per annum, payable annually, from date until paid.” This action was commenced in the district court ■ for Cedar county on the 28th day of August, 1928, and is based upon an alleged accelerated maturity caused by nonpayment by the defendants of…