S. D. Prince v. Lottie E. Mahin

WHITFIELD, J. -- The bill of complaint herein brought by Lottie E. Mahin and W. C. Mahin, her husband, alleges in effect that S. D. Prince and wife executed to W. C. Mahin a mortgage upon described property to secure four notes executed October 1st, 1914, by S. D. Prince; that the mortgage was assigned to Lottie E. Teeter, who became Lottie E. Mahin; that the first of the notes is past due and unpaid and the ""interest thereon is likewise past due and unpaid, and the defendant, S. D. Prince, has paid no portion of the principal or interest thereon and that the said sums of money due upon said note both for principal and interest have been past due and unpaid for the space of more than thirty days after the maturity thereof, and that under the terms and provisions of said mortgage whereby should any one of the above described notes mentioned herein, or any part theory, or any part of the interest thereon, remain due and unpaid for the space of thirty days after maturity, then in that event the whole of the balance of the principal sum and interest thereby secured shall thereby become due and payable at the option of the mortgagee therein, the said complainants