Phelps v. Mayers

BRITT, C.

—On October 18, 1895, Mayers, the defendant, made and delivered to Phelps, the plaintiff, a mortgage of certain land in the county of Shasta to secure the payment of a promissory note of the same date, by the terms of which note Mayers promised to pay to Phelps on or before November 1, 1898, the sum of fifteen hundred dollars, with interest at the rate of nine per cent per annum, interest payable semi-annually in advance from date of the note. The mortgage recited said note at length and proceeded: “And these presents shall he void if payment he made according to the tenor and effect…