Page:Federal Reporter, 1st Series, Volume 6.djvu/222

 210 FEDERAL REPORTEn. �cent, interest, interest to be paid semi-annually ; that on that day he executed and delivered to the complainant his prom- issory note for $25,000, payable on the first day of May, 1868, and also his 10 promissory notes of $1,000, payable every six months thereafter, being for the interest on the note of $25,000, at the rate of 8 per cent., payable semi- annually, and that to secure the payment of said notes John W. Coleman and Lucinda A. Coleman, his wife, executed and delivered to the complainant the mortgage in the bill de- scribed, upoa real estate therein described, situate in the city of Cincinnati; that on the first day of July, 1866, the com- plainant, to accommodate Coleman, released said mortgage as to a part of the premises therein described. It further appears that each of said 10 notes of $1,000 each was paid to complainant by John W. Coleman. It is also stated that, at the request of said Coleman and his executors, the time for the payment of said principal sum was extendedfrom time to time until the first day of August, 1875. From the evidence in the case it appears that at the expiration of the first five years for which the loan was made, the time for its payment was extcnded by an agreement between the cdm- plainant and John W. Coleman for another period of five years, he giving his notes for the interest as upon the orig- inal loan; that after that it was extended by agreement between complainant and the executors for a period of one or two years, on the same terms. Upon these points, how- ever, the testimony is not quite clear. It further 'appears from the evidence that John W. Coleman died in November, A, D. 1868, but whether he paid the first instalment of inter- est under the extension is not clearly shown. The complain- ant thinks the notes were given by the executors and paid by them, but I think the weight of the evidence would seem to show that although the interest was paid by the executors, that the notes were gIven by John W. Coleman. From the evidence it further appears that the property under mortgage was under leases which expired first of May, 1875, Prior to this time tho executors had taken steps to sell the property. ��� �