Rubrecht v. Powers

HEAD, Associate Justice.

On May 19, 1888, appellant F. A. Rubrecht executed to Moses Powers his two notes for $393.50 each, the first one due November 15, after date, and the other due May 15, 1889, after date, and stipulating that it “becomes due November 15, 1888, if note executed even date therewith is not paid at maturity. ’ ’ These notes were secured by a deed in trust given by said Rubrecht to R. Sarlls, trustee, upon the 160 acres of land in controversy. These notes not being paid when the first one matured, the land was sold under said deed of trust on the 22nd day of December, 1888,…