Farmers Savings Bank v. Roe

The foreclosure of the instant mortgage is predicated on the nonpayment of interest on the due date, and thereby, as plaintiff alleges, he elected to make the whole note due and payable, as provided by the terms of the mortgage.

The determination of this appeal necessarily involves questions of fact, and it may be said unless the default pleaded in the payment of the interest at the time specified in the note gave the plaintiff the right to foreclose, such right does not exist. The mortgage is not due until March 1, 1930. It is dated March 1, 1920, and is in the sum of $21,000. It is a first…