Bank of Topeka v. Valk Manufacturing Co.

OPINION DENYING A MOTION FOR REHEARING.

(Filed February 12, 1921.)

In a motion for a rehearing the appellant urges (1). that the maturity of the mortgage was accelerated by the failure to pay taxes, and (2) that where the statute of limitation begins running on that account a payment on the principal does not toll it. The provision of the mortgage with respect to the nonpayment of taxes, however, was not that upon such default the debt should become due, but that the holder might “without notice declare the whole sum . . . due and payable at once”; and might “immediately cause this mortgage to…