Mazzola v. Lucia

COMBS, Justice.

On April 23, 1932; Mike Lucia executed and delivered to appellee, Sam Lucia, who was plaintiff below, a promissory note for $2,900 for money borrowed; said note being due six years after date. To secure the note, Mike Lucia executed a mortgage on, two tracts of land. The mortgage is in rather unusual form, but no point is made that it was not sufficient to fix a lien on the property described. The mortgage contained a provision as follows: “It is further expressly understood, agreed and herein stipulated, that in the event of the death of the mortgagor herein prior to the…