Kimball v. Bell

We have carefully reexamined the record, and find the statement contained in the opinion handed down, that “the defendant below made no showing or offered to show that the mortgage (which was a lien or encumbrance upon the blocks purchased) had in fact been paid,” is correct. 47 Kas. 757. If the mortgage was released or discharged before the trial, as is now claimed, this should have been shown upon the trial. If any evidence had been offered showing such release or discharge, and the trial court had ruled it out, we would promptly reverse the case. The only release offered in evidence was…