United States Building & Loan Ass'n v. Stevens

HONORABLE LYMAN H. BENNETT, District Judge,

sitting in place of MR. JUSTICE GALEN, disqualified, delivered the opinion of the court.

Default having been made in the payment of the indebtedness, suit was commenced by plaintiff, United States Building & Loan Association, to foreclose a mortgage executed by defendant and appellant, Theodore Stevens, and his wife, to secure the indebtedness.

The mortgage, which was set out in full in the complaint, contained the following stipulation: “In case of foreclosure the mortgagor hereby expressly waives any claim of homestead and all right of possession of…