Page:Federal Reporter, 1st Series, Volume 6.djvu/29

 WILSON V. WINTEE. 17 �3. SaMB— SAME— ESTOPPEL. �In such case the mortgagor is estopped from showing that the mortgage was executed on a day other than that of which it bears date. �4. Option to Declare Wholb Amount Due— Notice, �Wliere a mortgage contains a provision that the mortgagee may, at his option, declare the whole amount due after there has been a default in the payment of interest for 10 days, such option must be declared at the expiration of 10 days, or within a very short and rea- Bonable tlme thereafter. �5. Same — 8ame— Samb. �Notice of the mortgagee's option to declare the whole amount due after a default of six weeks was too late under the circumstances of this case. — [Ed. �In Equity. Suit to Foreclose Mortgage. �J. F. Ellis, for complainant. �Meggett e Teal, for defendant. �BuNN, D. J. This action is bronght by the plaintiff, who is a resident of New Jersey, against the defendants, who reside in the county of Eau Claire, Wisconsin, to foreclose a mortgage for the sum of $1,200, executed by the defendants to the plaintifif on July 8, 1878, upon certain land of the defendants. The mortgage is collateral to a bond executed by the defendants at the same time. The defendants' answer, which is under oath, sets up several defences : First, they deny the execution of the bond and mortgage sued upon. Second, they allege that they are Germans by birth, and can- not read or write the English language; that they made an agreement with au attorney and agent of the plaintifif for a loan of $1,200 on five years' time, with 10 per cent, annual interest; that to carry out said agreement they executed, acknowledged, and delivered the bond and mortgage set out in the complaint, which had been prepared for them by the plaintiff's attorney, supposing, without reading them, that they were a bond and mortgage running five years, with 10 per cent, interest, payable annually, whereas the mortgage was, in fact, so drawn as to fall due in four years' time, and the interest was made payable semi-annually; and the mort- gage also contained a provision that, in case the interest remained at any time overdue for 10 days, it should be op- �v.e.no.l— 2 ��� �