Niccolls v. Peninsular Stove Co.

Opinion of the Court, the

Hon. Carroll C. Boggs, Judge.

Cinderella Gardner and her husband executed a mortgage to the appellant to secure an unpaid balance of the purchase money of the mortgaged premises.

It was expressly provided by a clause in the mortgage that the mortgagors should pay the taxes each year upon the premises, and should keep the buildings thereon insured for the benefit of the appellant; that a failure in either of these respects should authorize the appellant to declare the entire indebtedness secured by the mortgage to be due and to at once institute foreclosure proceedings.…