Eisele v. Kowal

EUBANK, Presiding Judge.

The appellants are mortgagors, appealing from a decree of foreclosure and denial of their counterclaim seeking cancellation of the note and mortgage here in issue. Their main contention is that the mortgagees, in failing to discharge a prior encumbrance by a certain date, breached a “condition subsequent” in the mortgage, which caused it to lose all legal effect. We must determine whether the trial court was correct in holding that the mortgagees’ subsequent discharge of the prior encumbrance amounted to a “substantial compliance” sufficient to prevent nullification of…