Sharp Bros., Inc. v. Bartlett

This is an action in claim and delivery. The facts out of which the controversy arose are as follows:

Fred Olson owned a tract of land in Chouteau county. On May 5, 1919, he executed and delivered to Phoenix Mutual Life Insurance Company his note for $2,500, bearing six per cent interest payable annually, due December 1, 1923, and to secure its payment gave to the company a mortgage upon his land, which contained the following provision: “It is agreed that if the mortgagor * * * shall fail to pay the principal or interest as the same become due' or any tares, * * * or otherwise fail to comply…