Wing v. Union Central Life Insurance

This is an action to recover the penalty prescribed in section 2850, Revised Statutes 1909, for the failure of a cestui que trust to satisfy a deed of trust of record. Defendant prevailed in the circuit court and the cause is before us on the appeal of plaintiffs.

At the threshold of our inquiry we find the judgment must be affirmed on the ground that the petition does not state a cause of action. The only allegation relating to a request or demand of plaintiffs that defendant as cestui que trust enter satisfaction appears in the following excerpt from the petition, “that said mortgage first…