Rorke v. Laduke

The bill, praying discharge of mortgage on the alleged ground that debt secured has been paid, was dismissed, and plaintiffs have appealed.

Commire, fee owner, mortgaged the land to defendants in March, 1918, to secure a note of $500. Interest was paid in 1919. Nothing more was paid to defendants, nor does it appear that payment was sought. In September, 1919, Commire conveyed to Krug, subject to the mortgage.

In September, 1919, defendant Paul LaDuke borrowed $500 from one Oerther, giving his note therefor and pledging as collateral security the Commire note and mortgage, but no formal…