Mathewson v. Klein

Pinola, J.,

— Plaintiff brought this action to restrain an execution issued by defendants upon a judgment entered on the bond accompanying a mortgage given by plaintiff to defendants. He declares there was no default at the time the writ issued, but defendants insist that plaintiff was in default in the sum of $1,362.74 at the time.

The issue raised is simple. Was plaintiff in default under the terms of the mortgage on May 10, 1951?

Prom all the testimony, we make the following

Findings of Fact

1. On June 30, 1950, plaintiff executed a bond and mortgage in favor of Alfred M. Klein and Alan S.…