Farmers & Merchants Bank v. Copple

The opinion of the court was delivered by

Schroeder, J.:

This is an action on a promissory note secured by a real estate mortgage seeking judgment against the defendants and foreclosure of the mortgage. Appeal has been duly perfected from an order of the trial court overruling a demurrer to the plaintiff’s petition.

The question presented is whether the petition alleges sufficient facts to accelerate the maturity of the note. Included within the foregoing question is whether the petition expressly alleges a breach of the condition in the mortgage requiring the mortgagors to keep the premises…