Eichler v. Werner

The purpose of this action was to foreclose a real estate mortgage. The trial was to the court without a jury and resulted in findings of fact, conclusions of law and a judgment directing the foreclosure of the mortgage, from which the defendants appeal.

The facts may be briefly summarized as follows: September 5, 1925, the appellants executed and delivered to the respondent their promissory note for the principal sum of $1,800, due three years after date, which was secured by a mortgage upon certain real estate. The interest was to be paid semi-annually. The note contained a provision that,…