Gardner v. Incorporated City of McAlester

HURST, V.C.J.

On August 17, 1925, Margaret A. Latimer executed and delivered to the city of McAlester a mortgage, covering a certain lot in said city, to secure a note for the principal sum of $2,275 with interest at the rate of 8% per annum, payable semi-annually on the 17th days of February and August in each year. On July 19, 1929, the city, under the acceleration clause, declared the entire indebtedness due, by reason of the failure to pay the interest *548and taxes, and filed this action to foreclose said mortgage, making as party defendants Zay Gardner, Margaret A. Latimer, the children of…