Metz v. Winne

Opinion of the court by

Burford, C. J.:

Tliis was an action to foreclose a mortgage. On August 27, 1901, the defendants Shasta^ Metz and Barbara A. Metz executed a mortgage to the plaintiff to secure a principal note for $600.00 payable in. ten years, with ten coupon interest notes for $42.00 each, also secured, by the mortgage. At the same time Metz and wife executed a second mortgage, to the same mortgagee, for tho sum of $180.00, payable on September 1, 1902, evidenced by two notes, one for $150.00 and the other for $30.00. The second mortgage contained a provision to the effect, that in the…