People's Building, Loan & Savings Ass'n v. Kidder

The opinion of the court was delivered by

McElroy, J. :

This action was instituted by the plaintiff in error as plaintiff below against John W. Kidder and wife for the recovery of the amount due upon a bond or note, and for the foreclosure of a real-estate mortgage. A trial was had before the court without a jury'; the court made special findings of fact and conclusions of law, and rendered judgment for the amount due, after applying all payments to the satisfaction of the amount of the principal and interest due upon the amount of money actually received from the association. The court, in…