Continental Bank & Trust Co. v. Fulton Realty Co.

Backes, Y. C.

One motion is to strike the bill, the other for the appointment of a rent receiver.

On the motion to strike the bill we must confine our consideration to the allegation of the bill.

The first ground assigned is that it is not alleged that the notice of default was given to The Fulton Tower Investment Company, the present owner of the premises, “requisite before acceleration of the principal and foreclosure.”

The answer to this is, the bill shows that, to create a default and to accelerate the due day of the mortgage, notice need be given only to the mortgagor, The Fulton Bealty…