Wagner v. Peters

Prentis, P.,

delivered the opinion of the court.

1

*414This is a motion under Code section 6456, made by Wagner, the owner of certain real estate, to require-H. G. Peters, trustee, to cancel and mark satisfied the lien thereon created by a certain deed of trust executed by a former owner of the property to secure the-payment of a note for $1,500.00, alleging that the lien has been fully satisfied and paid by the Caledonian Insurance Company in accordance with its policy of insurance for $2,000.00.

The answer of the insurance company, in resisting-the motion, alleges:

“Said deed of trust required the…