Rogers v. Gonzalez

FOSTER, Justice.

The question on this appeal is whether a vendor’s bill to foreclose the rights of the purchaser on account of defaults in the payments, which she obligated herself to make, is subject to the demurrer interposed. The trial court overruled the demurrer and respondent has appealed.

There was an executory contract of sale by complainant to respondent of real estate. Respondent agreed to pay certain-installment mortgages then outstanding and to place another such mortgage of like kind, and to pay complainant a balance-of the purchase money in monthly installments. The fourth and…