Supreme Court of Colorado April 15, 1901, No. 4138 (Rasmussen v. Levin)

Mr. Justice Gabbert

delivered the opinion of the court.

The complaint was filed February 23, 1899. The note which the mortgages and quit-claim deed were given to secure, was not due, according to its own terms, until September following. Plaintiff relied for his right to maintain this action upon certain provisions in the mortgages which permitted him to declare the note due at his option.