Swanson v. Bennett

SEBRING, J.:

E. R. Bennett gave to Thomas E. Swanson and J. L. Varn his promissory notes not under seal to evidence a debt he owed them. For the purpose of securing the debt he also gave them at the same time a mortgage on certain of his real property, copies of the notes being incorporated in the mortgage. The mortgage contained the provision: “Provided, always, that if said mortgagors, their heirs, legal representatives or assigns, shall pay to the said mortgagees, their legal representatives or assigns, 6 certain promissory notes, a copy of which is on the reverse side hereof, . . . then…