Wheeler & Wilson Manuf'g Co. v. Howard

Brewer, J.,

(orally.) In this case there are demurrers to the second and third counts of the petition. The question rests on these facts; In the spring of 1885 the defendant executed three notes, due, .respectively, in one, two, and three years. At the same time, to secure those notes, he executed a deed of trust and a mortgage. In one of those instruments it was stipulated that, upon default in payment of cither of the notes, the entire indebtedness should immediately become due; in the other, that, upon default in the payment of either note, all should, at the option of the holder, become…