56 Neb. 642 | Neb. | 1898
This was an action by Beatty against Grable,.in the district court of G'age county, upon the following instrument:
“On the first day of May, A. D. eighteen hundred and ninety-four, for value received, we promise to pay to the order oif Horace. P. Green the principal sum of one thousand dollars, lawful money of the United States of •America, with interest thereon at the rate of seven per cent per year, from April 17, 1889, until maturity, payable semi-annually according to the tenor of ten interest notes, one being for thirty-seven and 50-100 dollars, and*643 nine each for thirty-five dollars, bearing even date herewith, both principal and interest notes payable at the Charter National Bank .of Media, Pennsylvania (with exchange on New York). And if default be made in the payment of any -of -said notes so secured, or any part ¡of' them, as the same mature, for the space oif thirty days, or if the maker of this note and interest notes attached hereto shall allow the taxes or any other public rates and assessments on the property, or any part thereof, given as security for the aforesaid notes to become delinquent, or shall do any act whereby the value of said mortgaged property shall be impaired, then upon the happening -of any of said contingencies the whole amount herein secured shall at once be and become due and payable at the election of the holder of the note, his heirs or .assigns, and the mortgagee, his legal representatives or assigns, may proceed at once to collect this note and foreclose the mortgage given to secure said note and sell the mortgaged property to satisfy said debt, interest and costs, and taxes, public rates or assessments that may be due thereon which shall be secured by mortgage and also included in judgment in such foreclosure. These notes are ¡secured by mortgage of even date herewith, duly recorded in Gage county, of the state of Nebraska. This note bears interest at the rate of ten per cent per year, payable half-yearly after maturity. All right of homestead is hereby waived.
“Dated at Beatrice, state of Nebraska, -on the seventeenth day of April, 1889. J. S. Grabie.
“J. L. Tait
“Attest:
“A. L. Green.”
The plaintiff recovered judgment, and. the defendant, by this proceeding in error, brings the record here for review.
Grable sought, both by motion and answer, to have the action 'transmuted into a suit to foreclose the mortgage •given to secure the note above .set out. He now con
Affirmed.