Carson v. Reid

THE COURT.

On October 18, 1894, W. C. Reid, one of the defendants in this action, made his promissory note to T. B. Coghill for the sum of $5,212.11, and at the same time executed and delivered a mortgage on his certain real estate described in the first cause of action to secure the same. On the next day H. C. Reid and the defendant Lenora M. Reid, his wife, executed to Coghill a mortgage upon their property,

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described in the second cause of action, “to secure the payment of the sum of $500 of a certain promissory note made by W. C. Reid October 18, 1894, for $5,212.11, which said note is payable to T. B. Coghill or order.” Said note and said mortgages were afterwards assigned by Coghill to the plaintiff, R. N. Carson, who brought this action to foreclose said mortgages. W. C. Reid, the maker of said note, made certain payments thereon, leaving unpaid, when this action was commenced, $1,088.08, and some interest. Upon the hearing the court found due on the note, including interest and costs, $1,592.15, and ordered foreclosure of the mortgage of W. C. Reid. As to the second cause of action, the court found that the mortgage of H. C. Reid and wife was given as additional security; “that default has not been made in the payment of the aforesaid sum of $500; that said sum was paid by the payments made by W. C. Reid, as found in finding No. 3 hereof, and there is not now due and unpaid anything on the aforesaid mortgage.” This appeal is by the plaintiff from the judgment against him on the second cause of action. The plaintiff put in evidence the note and the two mortgages, and gave evidence of the amount due thereon, and rested. Defendants offered no evidence. We are therefore left to construe these instruments unaided by extraneous evidence of the circumstances surrounding or inducing the execution of the five-hundred-dollar mortgage.

The promissory note of W. C. Reid for the sum of $5,212.11 was payable in monthly installments of thi-ie hundred dollars each, except the last, the first being payable November 18, 1894. In the second cause of action plaintiff alleged: “That H. O. Reid and the defendant Lenora M. Reid, to secure payment of the sum of $500 due upon the promissory note described in paragraph one hereof, and as additional security to that specified in the first cause of action herein, did” exe- • cute and deliver said mortgage to Coghill, “conditioned for the payment of the said sum of $500 as a partial payment of said note.” The mortgage executed by H. C. Reid and wife is the usual printed blank, the blanks being filled in in writing, and the written portions are shown in the record by the italicized parts of the instrument. The only part material to be noticed is the following:—