Stetler v. Winegar

While the record title of the lands in controversy was in Barbara M. Scherrer, she gave to J. G. Scherrer a mortgage thereon, which was duly recorded, as security for the payment of her negotiable promissory note made and delivered to him as payee. Before the note was due Mr. Scherrer sold and assigned it to Grant Stetler, the plaintiff, for a valuable consideration. After he parted with the note, and while Stetler was its owner and holder, Mr. Scherrer, the mortgagee, executed a written release and discharge thereof, and this instrument was recorded with the county recorder of the county in…