Elliott v. P. H. Albright Farm Loan Co.

The opinion, of the court was delivered by

Johnston, C. J.:

Joseph I. Elliott and La Vina Elliott, his wife, brought this action against the P. H. Albright Farm Loan Company to recover statutory damages and attorneys’ fees for the refusal of defendant to enter satisfaction of mortgages which were executed and recorded and upon which no money or other consideration was paid by the defendant.

In defense the defendant pleaded that an application for the loan made by plaintiffs was accepted upon condition that the plaintiffs would “remove all liens now on said land, and have any necessary…