YOUNG v. HAWKS

No. 5379.

624 P.2d 235 (1981)

Marie T. YOUNG, Appellant (Plaintiff), v. Audrey A. HAWKS, a/k/a Audrey Hankins, Kerdie J. Hawks, and the unknown spouse of each such defendant, if any; Edward R. Brandt and Sharon M. Brandt; and Edward L. Ryan, Jr. and JoAnn Ryan, Appellees (Defendants).

Supreme Court of Wyoming.

February 24, 1981.


Attorney(s) appearing for the Case

Donald R. Winship, Winship & Feeney, P.C., Casper, for appellant.

Hugh M. Duncan, Casper, for appellees Brandt.

Before ROSE, C.J., and McCLINTOCK, RAPER, THOMAS and ROONEY, JJ.


ROSE, Chief Justice.

This case concerns an attempt by the successor in interest of a second mortgagee to accelerate and foreclose the second mortgage against the grantee of the mortgagor. We shall affirm the district court and hold: (1) absent a contractual prohibition against an assignment of the mortgage by the mortgagor, the mortgagee may not object to such an assignment; (2) under the facts of this case a late payment did not constitute a default; and (3) summary...

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