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LEO H. SCHWED et al., complainants-appellants, v. IGNATZ BUDRECKI et al.,defendants-respondents.

1. A mortgagee's rights are legal rights, and they are fixed by the terms of the bond and mortgage. A mortgagee has the right to insist upon the strict observance of these rights unless he himself has done something sufficient in the eyes of the court of equity to excuse the default on the part of the defendant mortgagor of which they complain.

2. Complainant seeks to foreclose a mortgage given by the defendant because of failure of the defendant to pay the interest within the time provided by the instrument. Held, on the weight of the evidence, this failure to pay the interest within time was due to the conduct of the complainant, and that the complainant is therefore estopped from declaring a forfeiture.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons expressed in the opinion of Vice-Chancellor Buchanan.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CAMPBELL, LLOYD, CASE, BODINE, DALY, DONGES, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, KERNEY, JJ. 15.

For reversal — None.

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SCHWED v. BUDRECKI
(Feb 1, 1932)