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35 Ind. 539

Miller v. Remley

Indiana Supreme Court

Decided May 15, 1871

Indiana Supreme Court · decided 1871-05-15

<p>Mortgage.—Foreclosure.—Where a mortgage is executed to secure the payment of several promissory notes when they shall become due, it may be foreclosed upon non-payment, when due, of any of the notes.</p>

Relies on Hunt v. Harding

Good law ✅— No negative treatment on recordhow we know

Decided 1871-05-15

How this case has been cited

Cited by 6 later decisions — most recently January 1903

6 state decisions

201871188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Downey, C. J.

¶1This was an action by the appellee against the appellant to foreclose a mortgage' to secure the páyment of four notes, when they should become due. The language is “ to secure the payment, when they shall become due, of four promissory notes, bearing evén date herewith,” &c.

¶2It is insisted by the appellant that there could be no foreclosure of the mortgage until all the notes were due, and that as only two of the notes were due when the suit" was brought, the action was prematurely brought. This is the only point. This exact question was decided by this court, against the position of the appellant, in Hunt v. Harding, 11 Ind. 245.

¶3The judgment is affirmed, with five per cent, damages and costs.

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