American Building & Loan Ass'n v. Hughes

Appellee brought this suit to compel appellant to satisfy a mortgage which she, as owner, had executed on certain real estate. She alleged payment thereof, and demanded the statutory penalty for refusal to satisfy said mortgage. The appellant filed a cross-complaint asking for judgment for the balance due on the obligation executed by appellee to appellant, and for the foreclosure of its mortgage upon the realty described therein.

The cause was put at issue, submitted to the court, a special finding of facts made and conclusions of law were stated thereon, to which appellant excepted and the…